THE SENATE	S.R. NO.	157
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII

SENATE RESOLUTION

REQUESTING THAT THE DEPARTMENT OF LAND AND NATURAL RESOURCES ADOPT ADMINISTRATIVE RULES REGULATING VESSEL SPEED NEAR HUMPBACK WHALES.

WHEREAS, humpback whales are an endangered species and the official marine mammal of the State; and

WHEREAS, humpback whales play a crucial role in marine ecosystems, and humpback whale populations are closely tied to the health of the oceans; and

WHEREAS, collisions between vessels and humpback whales can result in significant humpback whale injuries or deaths; and

WHEREAS, collisions with humpback whales are greatly reduced when vessels travel at speeds of fifteen knots or less; and

WHEREAS, in 2022, the Pacific Whale Foundation, the National Oceanic and Atmospheric Administration, and the State released a new set of voluntary recommendations for boaters operating around humpbacks, including suggested speeds and the use of lookouts; and

WHEREAS, adopting these recommendations as administrative rules will help to protect and preserve the humpback whale species; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Department of Land and Natural Resources is requested to adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, to:

(1) Prohibit any person from operating a vessel other than an inter-island vessel or intra-island vessel as defined in section 19-41-2, Hawaii Administrative Rules, within the waters of the State at a speed exceeding:

(A) Fifteen knots when the vessel is within one thousand yards of a humpback whale; and

(B) Six knots when the vessel is within four hundred yards of a humpback whale; and

(2) Require any person operating a vessel other than an inter-island vessel or intra-island vessel as defined in section 19-41-2, Hawaii Administrative Rules, within the waters of the State to:

(A) Ensure that another person on the vessel is acting as a lookout to prevent collisions with humpback whales when the vessel is within one thousand yards of a humpback whale; and

(B) Operate the vessel in a manner that is reasonable and prudent to avoid collision with a humpback whale, considering the time of day, time of year, and other relevant factors; and

BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is also requested to exclude barges from any rules adopted in accordance with this Concurrent Resolution; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

Report Title:

Whales; Boats; Vessels; Speed; Restrictions