STAND. COM. REP. NO. 288-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2753
                                     H.D. 1 
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Ocean Recreation and Marine Resources, to
which was referred H.B. No. 2753 entitled: 

     "A BILL FOR AN ACT RELATING TO OCEAN RECREATION,"

begs leave to report as follows:

     The purpose of this bill is to protect marine mammals in
waters off the Waianae coastline of Oahu by:

     (1)  Imposing a two-year moratorium on the issuance of new
          permits for commercial marine mammal watching tours;
          and

     (2)  Directing the Department of Land and Natural Resources
          (DLNR) to:

          (A)  Determine the maximum number of commercial marine
               mammal watching tours that should be authorized to
               operate in the future;

          (B)  Study the feasibility of issuing permits for
               specific rather than unspecified ocean
               recreational activities; and

          (C)  Require all persons issued commercial use permits
               that involve marine mammal watching in waters
               along the Waianae coastline to charge a $1 fee for
               each paying passenger.  The fees generated shall

 
 
                                 STAND. COM. REP. NO. 288-00
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               be deposited with the DLNR for the purposes of
               funding the study. 

     This moratorium would allow the DLNR the time to conduct a
study to determine the maximum number of commercial use permits
to be issued for marine mammal watching tours in waters along
Waianae coastline based on the impact that such activities may
have on marine mammals in that region.  

     The Marine Mammal Research Program, Earthtrust, Dolphin
Excursions, Alternative Hawaii, Annette's Adventures, as well as
several concerned individuals testified in support of this bill.
A group of concerned individuals testified in opposition to this
bill.  DLNR supported the intent of this bill.

     Your Committee has amended this bill by:

     (1)  Expanding the scope of the moratorium on the issuance
          of new commercial use permits to any person whose
          operation includes conducting these tours;

     (2)  Instituting a $1 fee for each paying passenger taking
          part in marine mammal watching;

     (3)  Requiring that the DLNR use these fees to finance its
          study;

     (4)  Deleting the appropriation section; and

     (5)  Making technical, nonsubstantive amendments for the
          purpose of consistency.

     Your Committee is concerned that the fee to be charged to
each paying passenger on marine mammal watching tours may be
insufficient to finance the study.  Hopefully, any deficit may be
offset by the availability of federal funds. 

     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. 2753, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 2753, H.D. 1, and be referred to the Committee
on Finance.


 
 
 
 
                                 STAND. COM. REP. NO. 288-00
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Ocean Recreation
                                   and Marine Resources,



                                   ______________________________
                                   ROY M. TAKUMI, Chair