THE SENATE

S.B. NO.

1404

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to honokohau small boat harbor.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that small boat harbors are a valuable state asset that are being underutilized and often mismanaged. In 1991, the Honokohau small boat harbor transferred management from the department of transportation to the department of land and natural resources. Since then, fishing charters, a submarine tour operation, and other private businesses have been using state land at the Honokohau small boat harbor to support their commercial activities without paying rent and without recorded agreements to use the land along the harbor's shoreline where they have built small structures to support their enterprises.

The legislature finds that the department of land and natural resources' division of boating and ocean recreation is grossly underfunded with inadequate staffing and communication and organizational challenges that disproportionately affect the neighbor islands. These issues have led to the lack of adequate management at facilities such as the Honokohau small boat harbor. In response to these concerns, the division of boating and ocean recreation has been exploring ways to develop and improve their facilities and operations, including the two hundred seventy-slip Honokohau small boat harbor. The department of land and natural resources has formed a working group that includes department personnel from Oahu and Hawaii island, boaters, key elected officials, and relevant stakeholders who have actively been collaborating with one another to develop recommendations for the harbor to address concerns and provide recommendations for future plans at Honokohau small boat harbor.

The legislature finds that while the working group has improved communication between harbor tenants and state officials, that structured and consistent oversight of the division of boating and ocean recreation is necessary to ensure the working group's recommendations are formally recorded, presented to the public, and appropriately considered. Accordingly, the purpose of this Act is to establish and formalize the ongoing efforts of the working group to function as the management authority of Honokohau small boat harbor with the support of the department of land and natural resources and the division of boating and ocean resources.

SECTION 2. (a) There is established within the department of land and natural resources for administrative purposes the Honokohau small boat harbor working group to be designated as the management authority of Honokohau small boat harbor.

(b) The working group shall include but is not limited to:

(1) The deputy director of the department of land and natural resources, or their designee;

(2) The administrator of the division of boating and ocean recreation, or the administrator's designee;

(3) One member of the senate representing the senatorial district in which the harbor is located, appointed by the president of the senate;

(4) One member of the house of representatives representing the house district in which the harbor is located, appointed by the speaker of the house of representatives;

(5) One representative of the governor;

(6) Two members appointed by the deputy director of the department of land and natural resources from among the membership of the Hawaii Fishing and Boating Association; provided that these members are current occupants and shall represent different categories of marine users, such as charter boat operators, commercial fishers, tour boat operators, and recreational boaters;

(7) Two community-at-large members appointed by the senator representing the senatorial district in which the harbor is located; and

(8) Two community-at-large members appointed by the representative representing the house district in which the harbor is located.

The working group shall elect a chair from among its members.

(c) The working group shall:

(1) Establish bylaws;

(2) Create a sustainable business plan with community support;

(3) Explore the private-public framework and other management and planning opportunities for the management and operation of small boat harbors that would allow for the State to contract harbor management or lease its assets to a private entity while retaining ownership, governmental oversight, and control of fees as their first order of business;

(4) Develop guidelines for new marina management rules, to be adopted by the department of land and natural resources, in accordance with chapter 91, Hawaii Revised Statutes, to address issues such as operations, enforcement, fee schedules, and performance standards for the Honokohau small boat harbor;

(5) Undertake the duties of performing harbor management, maintenance, and improvement project tasks under the supervision of the division of boating and ocean recreation;

(6) Cooperate with and provide assistance to the department of land and natural resources and other public and private agencies involved in developing and implementing programs related to the Honokohau small boat harbor; and

(7) Review any bids or contractual agreements relating to Honokohau small boat harbor that were formalized on or after January 1, 2020.

(d) The working group is subject to chapter 92, Hawaii Revised Statutes.

(e) The working group, in consultation with the department of land and natural resources division of boating and ocean recreation, shall:

(1) Conduct meetings virtually;

(2) Meet bi-monthly; and

(3) Submit quarterly reports of its findings and recommendations, including any proposed legislation, to the legislature beginning in 2022, and for three years thereafter.

(f) The working group shall be dissolved on June 30, 2026.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________



 

Report Title:

Department of Land and Natural Resources; Division of Ocean and Boating Recreation; Working Group; Honokohau Small Boat Harbor

 

Description:

Establishes a working group to manage the Honokohau small boat harbor with the oversight and assistance of the division of boating and ocean recreation of the department of land and natural resources. Working group dissolves on 6/30/2026.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.