STAND. COM. REP. NO. 506

Honolulu, Hawaii

, 2023

RE: H.B. No. 1090

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.B. No. 1090 entitled:

"A BILL FOR AN ACT RELATING TO OCEAN RECREATION COMMERCIAL PERMITS,"

begs leave to report as follows:

The purpose of this measure is to specify the methods by which the Department of Land and Natural Resources can issue new ocean recreation commercial permits and renew existing ocean recreation commercial permits.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources. Your Committee received comments on this measure from the Ocean Tourism Coalition, Trilogy Excursions, and Calypso Charters.

Your Committee finds that there is a need to address the rampant commercial marine activity occurring in the nearshore waters of Hawaii, which requires limiting the number of ocean recreation commercial permits for high-use areas.

Testifiers note that several stakeholders worked with the Department of Land and Natural Resources to come up with the seniority-based solution proposed by this measure for the issuance of new commercial ocean recreation activity permits for certain areas where the Department has issued more permits than are allowed by administrative rules. Testifiers also note that this solution will still result in many operators losing their permits and likely businesses through no fault of their own and will therefore disagree with this measure. Your Committee finds that further work should be done to devise an alternate solution to this delicate situation.

Accordingly, your Committee has amended this measure by:

(1) Delaying implementation of section 1 until July 1, 2024;

(2) Establishing an Ocean Recreation Commercial Permits Working Group within the Division of Boating and Ocean Recreation of the Department of Land and Natural Resources;

(3) Changing its effective date to June 30, 3000, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1090, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1090, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

LINDA ICHIYAMA, Chair