Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1091
                                     S.D. 1
                                     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 S.B. No. 1091, S.D. 1, entitled: 


begs leave to report as follows:

     The purpose of this bill is to allow the Department of Land
and Natural Resources (DLNR) to clarify and consolidate the
penalty provisions related to aquatic resources under subtitle 5
of title 12, of the Hawaii Revised Statutes (HRS), by:

     (1)  Establishing minimum fines for chapters 187A, 188, 189,
          and 190, HRS; and

     (3)  Increasing the classification to a class C felony for
          the criminal offense of using poisons, explosives, and
          electrofishing devices.

     DLNR and the Hawaii Audubon Society testified in support of
this measure.  The University of Hawaii's Environmental Center
submitted recommendations.

     Your Committee has amended the measure by:

     (1)  Designating DLNR as the lead state agency for
          preventing the introduction and for carrying out the
          destruction of alien aquatic organisms;

                                 STAND. COM. REP. NO. 1190
                                 Page 2

     (2)  Allowing DLNR to adopt rules to include standards for
          inspection protocols;

     (3)  Authorizing the Governor to enter into agreements with
          the United States Secretary of Transportation to
          coordinate federal and state efforts in preventing the
          introduction of aquatic alien organism in Hawaiian

     (4)  Allowing DLNR to form a rapid response team to evaluate
          the arrival or pending arrival of vessels that qualify
          as high risk and recommend an appropriate course of

     (5)  Inserting language that each specimen of aquatic life
          taken, killed, or injured may constitute a separate
          offense subject to minimum fines;

     (6)  Providing for the seizure and forfeiture of property
          when used in the commission, or conspiracy to commit, a
          violation of subtitle 5 of title 12;

     (7)  Deleting the savings clause; and

     (8)  Making technical, non-substantive changes for the
          purposes of style and clarity.

     In the past, DLNR has experienced difficulty in stressing to
the courts  the need to protect our State's natural resources and
that more substantial penalties are required to enforce state
regulations.  This measure would aid DLNR in its enforcement of
laws impacting our aquatic resources, by consolidating and
refining the penalties.    

     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 S.B. No. 1091, S.D. 1, as amended herein,
and recommends that it pass Second Reading in the form attached
hereto as S.B. No. 1091, S.D. 1, H.D. 1, and be referred to the
Committee on Judiciary and Hawaiian Affairs.

                                 STAND. COM. REP. NO. 1190
                                 Page 3

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

                                   ROY M. TAKUMI, Chair