STAND. COM. REP. NO. 219________

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1711
                                     H.D. 1

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Ocean Recreation and Marine Resources, to
which was referred H.B. No. 1711 entitled: 


begs leave to report as follows:

     The purpose of this bill is to resolve the regulation of
piers in the Kaneohe Bay area by considering any unpermitted
piers in Kaneohe Bay as of the effective date of this bill a
nonconforming use.  Nonconforming status may be continued unless
certain conditions are violated.

     Your Committee received overwhelming testimony in support of
this measure from numerous residents and pier owners from the
Kaneohe Bay area.  The Board of Land and Natural Resources (BLNR)
commented on this measure, making several suggested revisions.

     Your Committee recognizes that the Kaneohe Bay pier problem
has been a long-standing problem that needs to be resolved.
There are more than 200 piers in this area, of which only about
20 are paying rent to the State, as required by law.

     Many of those testifying objected to the arbitrary way in
which pier rents are established by the BLNR.  During the public
hearing, the Chair of the BLNR made assurances to your Committee
that he would resolve this issue in an equitable manner.

                                 STAND. COM. REP. NO. 219________
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     Further, your Committee finds that the issuance of easements
for a period of not less than 55 years, pursuant to section 171-
36(a)(2), Hawaii Revised Statutes, would result in a substantial
return to the State while significantly reducing the accounting
costs to the State.

     BLNR made two recommendations:

     (1)  Paragraph (9) of section 171-36(a), Hawaii Revised
          Statutes, which requires that all sunbathing and
          swimming piers built on submerged lands must have signs
          placed on them indicating the public's right to use the
          pier, should be repealed because this provision
          presents problems for pier owners in obtaining
          insurance; and

     (2)  Expedite the issuance of easements for piers by
          including private nonresidential piers as items not
          requiring prior legislative and gubernatorial approval
          on easement dispositions.

     Your Committee has amended this measure by:

     (1)  Eliminating the provision that the use of submerged
          lands and shoreline by the pier owner be subject to an
          unspecified annual fee;

     (2)  Adopting the BLNR recommendations;

     (3)  Including a purpose and findings sections describing
          the issue; and

     (4)  Making technical, nonsubstantive amendments for
          purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Ocean Recreation and Marine Resources that is
attached to this report, your Committee is in accord with the
intent and purpose of H.B. No. 1711, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 1711, H.D. 1, and be referred to the Committee
on Judiciary and Hawaiian Affairs.

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                                 Page 3

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Ocean Recreation
                                   and Marine Resources,

                                   ROY M. TAKUMI, Chair