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Ray Pendleton Water Ways

Ray Pendleton


Little has changed,
even in Legislature


WHO was it who said the more things change, the more they remain the same?

I can't remember, but whoever it was certainly had a handle on boating in Hawaii.

Ten years ago, I was warning Water Ways readers there were just a few days left to comment on the changes the Department of Land and Natural Resources was proposing to make in the administrative rules that govern boating activities in state waters.

Those changes were the end result of the 1991 legislative transfer of the jurisdiction over Hawaii's small boat harbors and recreational boating from the Department of Transportation to the DLNR.

Now, at this year's legislative session, there's a bill -- SB 2039 -- that has been introduced by Sen. Robert Bunda proposing to return that jurisdiction to DOT.

With DOT managing the commercial harbors and DLNR managing the small boat harbors, the Legislature finds "this multi-jurisdictional situation has resulted in inefficiencies, duplication of services and poor coordination," the bill states.

The bill also points out that since DLNR took over the recreational boating jurisdiction, "the infrastructure of small boat harbors has deteriorated considerably, due primarily to a lack of adequate funding. ..."

The legislation goes on to note that since the terrorist attacks of 9/11, our small boat harbors are vulnerable access points for terrorists. So because DOT is experienced in providing harbor and airport security, it can best extend that security to our small boat harbors.

Another concern voiced in the bill is that many of our small boat harbors are now used extensively by the commercial ocean tourism and cruise ship industries, unlike in the past. "Small boat harbors are now a critical component to the state's visitor industry," it advises.

The purpose of the bill, it is explained, is to consolidate the functions and duties of the DLNR's Division of Boating and Ocean Recreation with the DOT's harbor division.

That means that, for better or worse, DOT will inherit the same DOBOR personnel that recreational boaters have been dealing with under the DLNR's administration.

Assuming for a moment that one bureaucracy is usually not much different than another, how might things change for boaters if this bill passes into law?

One major difference from the present operation may be with regard to decision making. DOT doesn't have the same Land Board hoops to jump through as the DLNR.

For instance, SB 2039 contains the following paragraph: "... the department may enter into a capital advancement contract with a private party for any public improvement to, or construction of, a state small boat harbor, if the director of Transportation determines (it's in) the best interest of the state..."

Perhaps, unlike the DLNR, by not having every decision held up to the scrutiny and whims of a governor-appointed board, DOT may be able to take appropriate actions in a more cost-effective and timely manner.

Anyone who is interested in recreational boating should try to attend the next senate committee hearing on SB 2039. It will be held in room 224 of the State Capitol on Wednesday at 1:15 p.m.

As someone else I can't remember once said, "Government is too big and important to be left to the politicians."


See the Columnists section for some past articles.

Ray Pendleton is a free-lance writer based in Honolulu.
His column runs Saturdays in the Star-Bulletin.
He can be reached by e-mail at raypendleton@mac.com.

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