HOUSE OF REPRESENTATIVES

H.C.R. NO.

253

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

Urging the governor to Request the federal government to prohibit dumping of vessel sewage within the Hawaiian islands humpback whale national marine sanctuary.

 

 

 


     WHEREAS, our ocean ecosystems represent a precious natural resource for our state, providing a unique and wondrous attraction for both residents and visitors; and

 

     WHEREAS, the waters of the Hawaiian Islands Humpback Whale National Marine Sanctuary (Whale and Marine Sanctuary), established under federal law and located in various areas off the coasts of Kauai, Oahu, Maui, Molokai, Lanai, and the Big Island, represent critical habitats in winter months for the endangered north Pacific humpback whale; and

 

     WHEREAS, the waters of the Whale and Marine Sanctuary are where these endangered humpback whales breed, calve, and nurse their young; and

 

     WHEREAS, the waters of the Whale and Marine Sanctuary provide important habitats for other endangered and protected species, such as the green sea turtle, hawksbill sea turtle, and the monk seal; and

 

     WHEREAS, the waters of the Whale and Marine Sanctuary include complex, vulnerable ecosystems of coral reefs and reef-based animal and plant populations; and

 

     WHEREAS, the waters of the Whale and Marine Sanctuary include areas previously designated for preservation of wildlife by the State, including the Molokini Shoal Marine Life and Bird Conservation District, Honolua-Mokuleia Marine Life Conservation District, Manele-Hulopoe Marine Life Conservation District, Hanauma Bay Marine Life Conservation District, Pupukea Marine Life Conservation District, Lapakahi Marine Life Conservation District, Waialea Bay Marine Life Conservation District, and the marine portion of the Ahihi-Kinau Natural Area Reserve; and

 

     WHEREAS, ocean resources such as the waters of the Whale and Marine Sanctuary represent a vital component of Hawaii's essential visitor industry; and

 

     WHEREAS, visitors and residents alike enjoy the resources of the Whale and Marine Sanctuary in a variety of ways, including snorkeling, diving, fishing, kayaking, canoeing, and wildlife observation tours; and

 

     WHEREAS, unfortunately, there have been increasing numbers of complaints from residents and visitors alike regarding the practice of tour boat operators dumping concentrated human sewage into the waters of the Whale and Marine Sanctuary; and

 

     WHEREAS, the County Council of Maui has responded to this problem by adopting a resolution in February of 2006 stating that "...it is imperative that dumping of raw sewage and chemical contaminants into our ocean cease immediately, and that our precious marine ecosystem, which our residents and tourist industry cherish and depend on, be protected..."; and

 

     WHEREAS, the County of Maui has also taken the initiative in addressing this problem by providing funds to reimburse vessel operators who use mobile, dock-side "pumper" trucks that haul the sewage for land-based treatment; and

 

     WHEREAS, other governmental agencies have indicated support for these mobile "pumper" trucks to haul sewage for land-based treatment; and

 

     WHEREAS, mobile, dock-side "pumper" trucks are available at certain harbors; and

 

     WHEREAS, the State has provided permanent facilities at certain other harbors; and

 

     WHEREAS, the State has prohibited the dumping of most vessel sewage within state waters; and


     WHEREAS, the federal government can and should prohibit the dumping of sewage in the waters of the Whale and Marine Sanctuary by:

 

     (1)  Rule-making, pursuant to the enabling legislation authorizing and creating the Whale and Marine Sanctuary (The National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., as amended, and the Hawaii Islands National Marine Sanctuary Act subtitle C, title II, Pub. L. 102-587, as amended); and

 

     (2)  Creation of a no-discharge zone, pursuant to the Clean Water Act (United States Code, Title 33, Chapter 26); and

 

     WHEREAS, residents of Hawaii have requested a no-discharge zone for the waters of the Whale and Marine Sanctuary, and such residents were informed that no request for a no-discharge zone had been received from the State of Hawaii, and such residents were further informed that pursuant to the Clean Water Act, a request is required to be received from the State of Hawaii in order for the Environmental Protection Agency (EPA) to create a no-discharge zone; and

 

     WHEREAS, the EPA must consider a request for a no-discharge zone from the State of Hawaii pursuant to the Clean Water Act; and

 

     WHEREAS, residents of Hawaii have requested the Whale and Marine Sanctuary to begin rule-making procedures designed to prohibit the dumping of sewage by tour vessels within the Whale and Marine Sanctuary, and such rule-making procedures have not been instituted; and

 

     WHEREAS, the State of Hawaii's representative serves as Co-Manager of the Whale and Marine Sanctuary; and

 

     WHEREAS, the Department of Commerce is the federal agency responsible for the administration of the Whale and Marine Sanctuary, and the EPA is the federal agency responsible for the administration of the Clean Water Act; and


     WHEREAS, the sewage dumped in federal waters within the Whale and Marine Sanctuary has a negative impact on the health, welfare, and enjoyment of the residents and visitors of Hawaii; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Governor is requested to urge the federal government to prohibit dumping of vessel sewage within the boundaries of the Whale and Marine Sanctuary; and

 

     BE IT FURTHER RESOLVED that the State Department of Land and Natural Resources and other state agencies and personnel, including Hawaii's Co-Manager of the Hawaiian Islands Humpback Whale National Marine Sanctuary, are requested to cooperate with, assist, and encourage efforts to prohibit dumping of vessel sewage within the boundaries of the Whale and Marine Sanctuary; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the United States Secretary of Commerce, Administrator of the Environmental Protection Agency, the Governor, Director of Land and Natural Resources, and Hawaii's Congressional Delegation.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Hawaiian Islands Humpback Whale National Marine Sanctuary