STAND. COM. REP. NO. 3332

Honolulu, Hawaii

RE: H.B. No. 2475

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Water and Land and Commerce and Consumer Protection, to which was referred H.B. No. 2475, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL OCEAN ACTIVITY,"

beg leave to report as follows:

The purpose and intent of this measure is to, for purposes of regulating commercial activity under the laws regulating ocean recreation:

(1) Provide that advertisements and offers of unpermitted commercial ocean use activities or commercial ocean recreational equipment are prima facie evidence that:

(A) The owner disseminated or directed dissemination of the advertisements or offers; and

(B) The commercial activity is operated at the location advertised or offered; and

(2) Include advertisements and offers within the definition of "commercial activity".

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Kuaʻāina Ulu ʻAuamo, Maui Chamber of Commerce, and seven individuals.

Your Committees received testimony in opposition to this measure from the Hawaii Fishing and Boating Association and one individual.

Your Committees find that the overcommercialization of state ocean waters has been unnaturally encouraged by social media and through unpermitted ocean tour operators who advertise and operate without regard for laws, rules, regulations, and cultural awareness. These unpermitted commercial operators set up advertisements and online payment schemes circumventing commercial ocean activity laws and restrictions, making it difficult for the Department of Land and Natural Resources agents to enforce laws against illegal commercial activity. This measure strengthens the Department of Land and Natural Resources' enforcement authority by allowing it to regulate the offering and advertisement of illegal commercial activity.

Your Committees have amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Water and Land and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2475, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2475, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Commerce and Consumer Protection,

________________________________ JARRETT KEOHOKALOLE, Chair

________________________________ LORRAINE R. INOUYE, Chair