Hawaii-2021-SR187-Introduced

WHEREAS, the Department of Land and Natural Resources' Division of Boating and Ocean Recreation is responsible for administering the State's small boat harbor and ocean recreation management programs; and

WHEREAS, in 1991, the small boat harbor and ocean recreation management programs transferred management from the Department of Transportation to the Department of Land and Natural Resources; and

WHEREAS, the small boat harbor program includes management and operation of the Honokohau Small Boat Harbor, in addition to fifteen other state small boat harbors, fourteen boat launching ramps, five piers, wharves, and docks, three anchoring and offshore mooring facilities, portions of Ka‘anapali Beach, portions of Waikīkī Beach, and a portion of Waika‘ea Canal; and

WHEREAS, the Department of Land and Natural Resources' Division of Boating and Ocean Recreation is grossly underfunded with inadequate staffing with organizational challenges that disproportionately affect the neighbor islands; and

WHEREAS, in August 2018, the Division of Boating and Ocean Recreation formed a working group composed of harbor users, recreational users, commercial operators, key legislators, and representatives from government to discuss potential uses and revenue generating strategies for vacant lands at the Honokohau Small Boat Harbor; and

WHEREAS, the Honokohau Small Boat Harbor Working Group is an important resource to boat operators, harbor users, and the ocean-going public at large, and has greatly assisted the Division of Boating and Ocean Recreation; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, that the Department of Land and Natural Resources' Division of Boating and Ocean Recreation is requested to formalize the Honokohau Small Boat Harbor Working Group to function as the management authority of Honokohau Small Boat Harbor; and

BE IT FURTHER RESOLVED that the working group is requested to:

(1) Establish bylaws;

(2) Create a sustainable business plan with community support;

(3) Explore the private-public framework and other management and planning opportunities for the management and operation of small boat harbors that would allow for the State to contract harbor management or lease its assets to a private entity while retaining ownership, governmental oversight, and control of fees as their first order of business;

(4) Develop guidelines for new marina management rules, to be adopted by the Department of Land and Natural Resources pursuant to chapter 91, Hawaii Revised Statutes, to address issues such as operations, enforcement, fee schedules, and performance standards for the Honokohau Small Boat Harbor;

(5) Undertake the duties of performing harbor management, maintenance, and improvement project tasks under the supervision of the Division of Boating and Ocean Recreation;

(6) Cooperate with and aid the Department of Land and Natural Resources and other public and private agencies involved in developing and implementing programs related to the Honokohau Small Boat Harbor; and

(7) Review any bids or contractual agreements relating to Honokohau Small Boat Harbor that were formalized on or after January 1, 2020; and

BE IT FURTHER RESOLVED that the working group is requested to include but is not limited to:

(1) The Deputy Director of Land and Natural Resources, or their designee;

(2) The Administrator of the Division of Boating and Ocean Recreation, or the administrator's designee;

(3) The member of the Senate representing Senate District 3;

(4) The member of the House of Representatives representing House District 6;

(5) One representative of the Governor;

(6) Two members appointed by the Deputy Director of Land and Natural Resources from among the membership of the Hawaii Fishing and Boating Association; provided that these members are current occupants and represent different categories of marine users, such as charter boat operators, commercial fishers, tour boat operators, and recreational boaters;

(7) Two community-at-large members appointed by the Senator representing Senate District 3; and

(8) Two community-at-large members appointed by the Representative representing House District 6; and

BE IT FURTHER RESOLVED that the working group is requested to select a chair from among its members; and

BE IT FURTHER RESOLVED that the working group is encouraged to comply with chapter 92, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that the Division of Boating and Ocean Recreation is requested to cooperate with the working group to:

(1) Conduct meetings virtually;

(2) Meet bi-monthly; and

(3) Submit quarterly reports of its findings and recommendations, including any proposed legislation, to the Legislature beginning in 2022, and for three years thereafter; and

BE IT FURTHER RESOLVED that the working group is requested to dissolve on June 30, 2026; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, and Administrator of the Division of Boating and Ocean Recreation.

	OFFERED BY:	_____________________________

Report Title:

Honokohau Small Boat Harbor; Working Group; Division of Boating and Ocean Recreation

THE SENATE	S.R. NO.	187
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII