STAND. COM. REP. NO.  131-10


Honolulu, Hawaii

                , 2010


RE:   H.B. No. 2298

      H.D. 1





Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii




     Your Committees on Transportation and Water, Land, & Ocean Resources, to which was referred H.B. No. 2298 entitled:




beg leave to report as follows:


     The purpose of this bill is to require the Department of Transportation (DOT) to allow vessels with a use permit for Kewalo Basin and whose payments due to the State are current, to moor at Honolulu Harbor:


     (1)  During inclement weather or ocean conditions that cause Kewalo Basin to be shut down; or


     (2)  To unload the owner's or operator's catch of fish to a business operating within Honolulu Harbor or otherwise conduct business within Honolulu Harbor.


     The Ocean Tourism Coalition and a concerned individual testified in support of this measure.  DOT provided comments.


     Sometimes harbor conditions at Kewalo Basin necessitate a ship's captain to make the determination to divert the vessel for safety reasons and proceed into Honolulu Harbor.  However, not all vessels are authorized to enter these harbors without first obtaining permission from harbor personnel.  As such, Act 79, Session Laws of Hawaii 2008 (Act 79) was enacted to address this issue and allow for captains to make decisions to divert to a safer harbor more rapidly.


     However, some concerns have been raised that under the conditions set forth in Act 79, Kewalo Basin must be closed before ships can proceed into Honolulu Harbor.  According to some captains, this presents a problem because conditions may exist which do not warrant closure of Kewalo Basin but, in the view of the captain, would present a comfort and safety issue for the ship's passengers.


     Accordingly, your Committees have amended this measure by allowing the owner or operator of a commercial passenger vessel with a use permit for Kewalo Basin to make a determination as to when to enter Honolulu Harbor due to ocean conditions or inclement weather rather than requiring Kewalo Basin to be closed for entrance to Honolulu Harbor to be granted; provided that the vessel shall leave Honolulu Harbor once the inclement weather or ocean conditions improve allowing for safe and comfortable entrance into Kewalo Basin.


     Technical, nonsubstantive amendments were also made for clarity, consistency, and style.


     As affirmed by the records of votes of the members of your Committees on Transportation and Water, Land, & Ocean Resources that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2298, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2298, H.D. 1, and be referred to the Committee on Finance.


Respectfully submitted on behalf of the members of the Committees on Transportation and Water, Land, & Ocean Resources,



KEN ITO, Chair