REPORT TITLE: 
Kaneohe Bay activities


DESCRIPTION:
Clarifies certain matters relating to the roles of the Kaneohe
Bay Master Plan, the Kaneohe Bay Regional Council, and the
Department of Land and Natural Resources in the management of the
bay. (HB2572 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2572
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO KANEOHE BAY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 1      SECTION 1.  200-39, Hawaii Revised Statutes, is amended as
 
 2 follows:
 
 3      1.  By amending subsection (c) to read:
 
 4      "(c)  Permits issued by the department for the commercial
 
 5 operation of ocean use activities in Kaneohe Bay shall be limited
 
 6 to the number and locations, by permit type and vessel and
 
 7 passenger capacity, provided in the Kaneohe Bay master plan
 
 8 developed pursuant to Act 208, Session Laws of Hawaii 1990 [and
 
 9 amended by section 200D-3;] until applicable rules are adopted by
 
10 the department; provided that the passenger capacity for
 
11 snorkeling tours and glassbottom boat tours shall be set through
 
12 rules adopted pursuant to chapter 91.  No thrill craft permit may
 
13 be transferred after June 21, 1998; provided that transfers of
 
14 permits may be made at any time between family members."
 
15      2.  By amending subsection (e) to read:
 
16      "(e)  All rules adopted by the department with regard to
 
17 Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
 
18 regional council and be adopted pursuant to chapter 91.  All such
 

 
Page 2                                                     2572
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 1 rules shall be in accordance with, and implement the
 
 2 recommendations in, the Kaneohe Bay master plan developed
 
 3 pursuant to Act 208, Session Laws of Hawaii 1990[, and amended by
 
 4 section 200D-3.] and adopted in accordance with chapter 91.  All
 
 5 rules shall be drafted following the criteria and general
 
 6 management concepts set forth in sections 4.9 and 4.10 of the
 
 7 master plan developed pursuant to Act 208, Session Laws of Hawaii
 
 8 1990, as adopted and approved by the office of state planning on
 
 9 March 19, 1992.  In adopting rules relating to Kaneohe Bay, the
 
10 department shall use the recommendations and provisions of the
 
11 master plan, and shall not adopt any rule that is inconsistent
 
12 with specific provisions of the master plan or any amendment
 
13 thereto, unless the inconsistent rule is required to protect
 
14 public health or safety or to ensure resource preservation or
 
15 protection.  Nothing contained in this section shall be construed
 
16 to relieve the department of its obligation to follow the
 
17 procedures set forth in chapter 91.   If any conflict between
 
18 this section and chapter 91 arises, chapter 91 shall prevail."
 
19      SECTION 2.  Section 200D-3, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§200D-3 Kaneohe Bay regional council; general powers,
 
22 duties, and functions.  The council shall have the following
 
23 powers and duties and perform the following functions:
 

 
Page 3                                                     2572
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  Facilitate the implementation of the master plan as it
 
 2           relates to ocean use activities;
 
 3      (2)  Review and periodically [amend] recommend changes to
 
 4           the master plan [as it relates to ocean use
 
 5           activities;] subject to the approval of the lead
 
 6           agency;
 
 7      (3)  Serve as a central coordinative clearinghouse of public
 
 8           and private activities in Kaneohe Bay, and as a
 
 9           repository and disseminator of information on the bay;
 
10      (4)  Facilitate productive interaction between users of the
 
11           bay and the general public in order to develop a common
 
12           vision and make recommendations for public policy
 
13           related to the bay;
 
14      (5)  Recommend research, studies, data collection, and
 
15           planning activities designed to provide additional
 
16           information on Kaneohe Bay, with particular reference
 
17           to the specific needs of the bay, and to publicize the
 
18           results thereof, to the extent that these functions do
 
19           not duplicate or supplant activities provided by other
 
20           state or county agencies;
 
21      (6)  Advise and make recommendations to the State and the
 
22           county on matters regarding the use of Kaneohe Bay by
 
23           the general public, marine research programs, and
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           commercial ocean use activities, including legislative
 
 2           matters;
 
 3      (7)  Develop short- and long-term goals based on the master
 
 4           plan, resources, and programs for Kaneohe Bay;
 
 5      (8)  Educate the public and users of Kaneohe Bay on the
 
 6           problems and needs of the bay through public education
 
 7           programs;
 
 8      (9)  Serve as the public advocate for Kaneohe Bay;
 
 9     (10)  Initiate and maintain contact with public, private,
 
10           county, and state organizations, agencies, and
 
11           individuals engaging in activities in Kaneohe Bay; and
 
12     (11)  Establish a Kaneohe Bay fishing panel to monitor
 
13           fishing activities in the bay, as recommended in the
 
14           master plan as it relates to ocean use activities[; and
 
15     (12)  Hold annual public hearings until 1999 on the status of
 
16           the implementation of the master plan as it relates to
 
17           ocean use activities and research being conducted by
 
18           the Hawaii institute of marine biology]."
 
19      SECTION 3.  Section 200D-5, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]§200D-5[]]  Annual report.  The council shall submit
 
22 semi-annual reports on its activities to the governor and the
 
23 legislature, which may include recommendations consistent with
 

 
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 1 the purposes of this chapter.  The council may include
 
 2 recommended changes to the master plan, authorized under section
 
 3 200D-3(2) in these reports."
 
 4      SECTION 4.  If any provision of this Act, or the application
 
 5 thereof to any person or circumstance is held invalid, the
 
 6 invalidity does not affect other provisions or applications of
 
 7 the Act which can be given effect without the invalid provision
 
 8 or application, and to this end the provisions of this Act are
 
 9 severable.
 
10      SECTION 5.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 6.  This Act shall take effect upon its approval.