STAND. COM. REP. NO. 1365

Honolulu, Hawaii

RE:    H.B. No. 393

       H.D. 2

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 393, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HAWAIIAN FISHPONDS,"

begs leave to report as follows:

     The purpose and intent of this measure is to waive the water quality certification requirement of the Department of Health for the restoration, repair, maintenance, and operation of traditional Hawaiian fishponds, or loko i‘a, that have been issued a permit under the Statewide Programmatic General Permit process administered by the Department of Land and Natural Resources.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Office of Hawaiian Affairs; Aha Moku Advisory Committee; ‘Ahahui o Hawai‘i; Honua Consulting; Kalihi Palama Hawaiian Civic Club; The Nature Conservancy; Land Use Research Foundation; Filipino Law Students Association; Ko‘olau Foundation; Ko‘olaupoko Hawaiian Civic Club; and twenty-four individuals.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that the existing permit process for repair or restoration of loko i‘a may be time-consuming, complicated, confusing, and inconsistent across agencies.  This measure addresses the decade long difficulties that have been faced by people seeking to restore, repair, maintain, and operate loko i‘a.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 393, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 393, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

________________________________

GILBERT S.C. KEITH-AGARAN, Chair