STAND. COM. REP. 29

Honolulu, Hawaii

, 2003

RE: H.B. No. 197

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 197 entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES,"

begs leave to report as follows:

The purpose of this bill is to protect Hawaii's endangered species from invasive species by:

(1) Requiring the Department of Land and Natural Resources (DLNR) to work with the Department of Transportation (DOT) in conducting marine inspections to mitigate and destroy alien aquatic organisms, hull fouling organisms, or other invasive species;

(2) Providing DOT with the authority to adopt, amend, and repeal rules that are necessary to prevent the discharge or throwing into commercial harbors of invasive species;

(3) Providing DOT with the authority to impose and collect a surcharge of five percent of the total rate or fee assessable and chargeable for marine inspections of incoming vessels, cargo, and ballast water to prevent the introduction of invasive species;

(4) Providing that DOT may request the assistance of DLNR in the mitigation and destruction of any alien aquatic organisms, hull fouling organisms, or other invasive species; and

(5) Requiring DOT to develop minimum requirements regarding the inspection of incoming vessels, cargo, and ballast water to prevent the introduction of invasive species in Hawaii's waters.

Life of the Land and the Sierra Club, Hawaii Chapter, testified in support of this measure. DOT, Matson Navigation Company, and Pineapple Growers Association of Hawaii supported the intent of the measure and expressed concerns. CSX Lines testified in opposition to this measure. A representative from the State's Ballast Water and Hull Fouling Alien Aquatic Organism Prevention Task Force (Task Force) commented on this measure.

The representative from the Task Force informed your Committee that the Task Force is still meeting to address the same issues set forth in this measure and indicated that it is uncertain when the Task Force's report will be completed.

Your Committee also understands that the cost of the marine inspections may raise shipping costs that may be passed on to the consumer. Your Committee, however, believes that further discussion on this measure is necessary because action must be taken to protect the State from invasive species.

Your Committee has amended this measure by:

(1) Removing the five percent surcharge and replacing it with a blank percentage; and

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

As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 197, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 197, H.D. 1, and be referred to the Committee on Transportation.

 

Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,

 

____________________________

HERMINA M. MORITA, Chair