Cox, Doak C.

Mock, Marshall

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University of Hawaii at ManoaEnviroamental CenterCrawford 317. 2550 Campus RoadHonolulu. Hawaii 96822Telephone (808) 948-7361RL:0572SB 2404CONSERVATION LANDS(BEACHES AT HAENA, KAUAI)Statement forSenate Committee onEconomic DevelopmentPublic Hearing - February 20, 1986By Marshall Mock, Kauai Community CollegeDoak C. Cox, Environmental CenterSB 2404 would amend HRS 183-41, a section dealing with the powers and duties ofthe Department of Land and Natural Resources (DLNR) with respect to lands in theConservation District. This statement on the bill does not reflect an institutional positionof the University of Hawaii.By amendment proposed in SB 2404, the DLNR would be prohibited from permittinglanding of "motorized boats conducting sight-seeing or other tours or expeditions" onbeaches at Haena, Kauai. The rationale for the proposed prohibition expressed in findingsin the bill is that the boats used by commercial operators, who are using the beaches atHaena to pick up and drop off passengers, "present a physical danger to the users of thebeach area and degrade the quality of near shore waters."Although, degradation of the waters would be sufficient to ban the use of the boatsunder present water quality regulations, the physical hazard to swimmers and other beachusers would in itself be sufficiently great to justify the prohibition proposed in SB 2404.However, prohibitions as specific as this seem better provided by a departmentalrule than by a statute. If either the DLNR or the Department of Transportation (DOT)has the authority to adopt rules inclUding prohibitions of this sort, a legislative resolutioncalling for the prohibition would seem preferable to passage of sa 2404. If not,consideration should be given to revising the bill so that it would allow the DLNR or DOTto adopt such rules more generally.Whether in a rule or in a statute, the wording of the provision for the prohibitionshould preferably be revised. It is not the boats but their operators who conduct tours.We believe, also, that it would be appropriate to limit the prohibition to commercialactivities or to allow for exceptions in the case of the rare scientific expedition thatmight wish to use the beaches at Haena.AN EQUAL OPPORTUNITY EMPLOYER

SB 2404, Conservation Lands (Beaches at Haena, Kauai) - Statement for Senate Committee on Economic Development Public Hearing - February 20, 1986

http://scholarspace.manoa.hawaii.edu/bitstream/10125/30893/1/RL0572.PDF

SB 2404, Conservation Lands (Beaches at Haena, Kauai) - Statement for Senate Committee on Economic Development Public Hearing - February 20, 1986

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