Honolulu, Hawaii

, 2002

RE: S.B. No. 2613

S.D. 1



Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committees on Economic Development and Technology and Water, Land, Energy and Environment, to which was referred S.B. No. 2613 entitled:


beg leave to report as follows:

The purpose of this measure is to prohibit feeding of sharks as part of a commercial activity.

Your Committees received testimony in favor of this measure from the Chairperson of the Board of Land and Natural Resources, Ocean Law & Policy Institute, Hawaii Boaters Political Action Association, Hawaii Audubon Society, Liliuokalani Youth Coalition, and three individuals. Your Committees received testimony opposing this measure from North Shore Adventures and four individuals.

Your Committees find that in the last few years, there has been an increase in aggressive shark behavior towards swimmers and surfers in near shore waters in Hawaii. Commercial shark feeding operations may aggravate the problem.

Your Committees have amended this measure by using the term "state marine waters" rather than "the territorial waters of the State" because "state marine waters" is already defined in section 188-22.5, Hawaii Revised Statutes. Further, the section imposing penalties has been deleted because penalties are already established by section 187A-12.5, Hawaii Revised Statutes.

Your Committees look forward to further discussion as this measure continues through the legislative process. The Board of Land and Natural Resources has been requested by your Committees to research and obtain hard data regarding the true habits and tendencies of sharks. Furthermore, your Committees have been informed that the Board of Land and Natural Resources is trying to address shark-feeding through public hearings to establish administrative rules and regulations on shark-feeding.

Your Committees are seeking clarification of the Board's direction, therefore, this measure is only a vehicle. Perhaps the Board may be able to address this issue administratively, without the need for legislation.

As affirmed by the records of votes of the members of your Committees on Economic Development and Technology and Water, Land, Energy and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2613, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2613, S.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Economic Development and Technology and Water, Land, Energy and Environment,




ROD TAM, Chair