Bill Text: HI SR70 | 2013 | Regular Session | Introduced

---

Bill Title: Department of Land and Natural Resources; National Oceanic and Atmospheric Administration; Hawaiian Islands Humpback Whale National Marine Sanctuary; Vessel Restrictions

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-07 - Certified copies of resolutions sent, 06-07-13. [SR70 Detail]

Download: Hawaii-2013-SR70-Introduced.html

---

THE SENATE	S.R. NO.	70
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE RESOLUTION

 

 

urging the Department of land and natural resources and the National Oceanic and Atmospheric Administration to recognize the Increasing threat that ocean vessels present to humpback whales within the Hawaiian Islands HUmpback Whale National Marine Sanctuary THROUGH STRONGER SAFETY, PENALTY, MONITORING, AND REPORTING REQUIREMENTS. 

 

     WHEREAS, the Kumulipo, the native Hawaiian chant of creation, states:  "Hanau ka palaoa noho I kai" — born is the whale living in the ocean; and

 

     WHEREAS, the humpback whale, koholā, holds a sacred place within native Hawaiian history as illustrated by its inclusion in the Kumulipo; and

 

     WHEREAS, the humpback whale is also prevalent in ancient Hawaiian petroglyphs and legends that further illustrate the humpback whale's cultural and historical importance to Hawaiians; and

 

     WHEREAS, over sixty percent of the North Pacific humpback whales that begin their migration in the Gulf of Alaska find their way to Hawaii's waters; and

 

     WHEREAS, the Honolulu Star Advertiser reported an increase in whale-vessel collisions from one to four per year from 2001 to 2005, to five to eleven per year from 2006 to 2010; and

 

     WHEREAS, in 2006, three separate instances of whale-vessel collisions were recorded during the migratory season; and

 

     WHEREAS, from January 29 to January 30, 2013, there were three separate whale-vessel incidents within a twenty-four hour period; and

 

     WHEREAS, the humpback whale is nationally protected by the Federal Endangered Species Act and Marine Mammal Protection Act; and

 

     WHEREAS, in 1992, recognizing the importance of the Hawaiian Islands to the preservation of humpback whales, the United States Congress created the Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS) to be overseen by the National Oceanic and Atmospheric Administration (NOAA); and

 

     WHEREAS, any violation in regards to the HIHWNMS Act is subject to a civil penalty of no more than $100,000 per violation per day; and

 

     WHEREAS, NOAA set speed requirements of 10 knots or less in certain areas of the East Coast in 2008 to help promote whale safety; and

 

     WHEREAS, in 1998, the State of Hawaii entered into a Compact Agreement with NOAA for the coordinated management of the HIHWNMS in order to combine resources and share expertise on the protection of the humpback whale; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, that the Department of Land and Natural Resources and NOAA are urged to:

 

     (1)  Recognize the increasing threat that ocean vessels present to humpback whales within the HIHWNMS;

 

     (2)  Amend title 15 Code of Federal Regulations section 922.184 to increase the required distance between an approaching vessel and humpback whale from 100 to 200 yards;

 

     (3)  Impose a speed limit of 15 knots on all vessels traveling within the area of the HIHWNMS except in cases where:

 

          (A)  The whale unexpectedly approaches the vessel closer than the required 200 yards; provided that the vessel immediately increase the distance between the whale and the vessel to at least 200 yards; provided further that the vessel document the divergence in its log book; or

 

          (B)  An emergency exists where the lives of passengers aboard the vessel are at extreme risk; provided that the vessel document the divergence in its log book;

 

     (4)  Amend title 15 Code of Federal Regulations section 922.186 to increase the fine from a maximum of $100,000 to a maximum of $200,000 per violation per day;

 

     (5)  Increase monitoring of whale-watching vessels to ensure compliance with the new restrictions; and

 

     (6)  Require the Department of Land and Natural Resources to report all whale-related accidents in the HIHWNMS; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the United States; Secretary of Commerce; Governor; Chairperson of the Board of Land and Natural Resources; Director of the National Oceanic and Atmospheric Administration Office of National Marine Sanctuaries; Advisory Council of the Hawaiian Islands National Marine Sanctuary; and Chairperson of the Board of Hawaiian Affairs.

 

 

 

	OFFERED BY:	_____________________________

Report Title:  

Department of Land and Natural Resources; National Oceanic and Atmospheric Administration; Hawaiian Islands Humpback Whale National Marine Sanctuary; Vessel Restrictions