STAND. COM. REP. NO. 118

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1311

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Higher Education, to which was referred S.B. No. 1311 entitled:

 

"A BILL FOR AN ACT RELATING TO AQUATIC RESOURCES,"

 

beg leave to report as follows:

 

     The purpose of this measure is to protect Hawaii's natural resources and to promote and expand collaboration among state agencies.

 

     Specifically, the purpose of this measure is to:

 

     (1)  Allow the University of Hawaii use of Department of Land and Natural Resources staff for the purposes of the Hawaii Marine Laboratory Refuge; and

 

     (2)  Exempt the University of Hawaii from any permitting or application requirements when carrying out any function or duty relating to the Hawaii Marine Laboratory Refuge.

 

     Testimony was submitted in support of the intent of this measure by one organization, and testimony in opposition was submitted by one state agency.  Copies of written testimony are available for review on the Legislature's website.

 

     The University of Hawaii employs twenty-four-hour security personnel at the Hawaii Marine Laboratory Refuge, with an annual cost of approximately $161,066.  The security personnel do not have authority to patrol the refuge and stop persons from taking live coral, fish, or other invertebrates from the refuge.  Your Committees find that allowing the University of Hawaii use of Department of Land and Natural Resources staff for the purposes of enforcing security of the Hawaii Marine Laboratory Refuge will help preserve the reef and its living resources.

 

     Your Committees further find that exempting the University of Hawaii from any permitting or application requirements when carrying out any function or duty relating to the Hawaii Marine Laboratory Refuge is too broad.  The permitting process requires all applicants to undergo necessary oversight to uphold high standards when conducting research or removing a regulated species.

 

     Your Committees have amended this measure by:

 

     (1)  Narrowing the exemption to allow the University of Hawaii to carry out repair and maintenance of the Hawaii Marine Laboratory Refuge without a permit or application; and

 

     (2)  Amending the effective date to July 1, 2050 for the purpose of encouraging further discussion.

 

     As affirmed by the records of votes of the members of your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Higher Education that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1311, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1311, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

 

Respectfully submitted on behalf of the members of the Committees on Water, Land, Agriculture, and Hawaiian Affairs and Higher Education,

 

____________________________

JILL TOKUDA, Chair

 

____________________________

CLAYTON HEE, Chair