REPORT TITLE: 
Ocean Recreation


DESCRIPTION:
Imposes a two-year moratorium on the issuance of permits for
commercial marine mammal watching tours along the Waianae
coastline.  Requires a study. (HB2753 HD1)




 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2753
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 OCEAN RECREATION.



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

 1      SECTION 1.  The purpose of this Act is to protect marine
 
 2 mammals in waters off the Waianae coastline of Oahu by:
 
 3      (1)  Imposing a two-year moratorium on the issuance of new
 
 4           permits for commercial marine mammal watching tours;
 
 5           and
 
 6      (2)  Directing the department of land and natural resources
 
 7           to:
 
 8           (A)  Determine the maximum number of commercial marine
 
 9                mammal watching tours that should be authorized to
 
10                operate in the future; and
 
11           (B)  Study the feasibility of issuing permits for
 
12                specific rather than unspecified ocean
 
13                recreational activities; and
 
14           (C)  Require all persons issued commercial use permits
 
15                that involve marine mammal watching in waters
 
16                along the Waianae coastline to charge a $1 fee for
 
17                each paying passenger.  The fees generated shall
 
18                be deposited with the department of land and
 
19                natural resources for the purposes of funding the
 
20                study.
 

 
Page 2                                                     2753
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 2.  Notwithstanding any other law to the contrary,
 
 2 upon the effective date of this Act, the chairperson of the board
 
 3 of land and natural resources shall establish a moratorium on the
 
 4 issuance of new commercial use permits to any person whose
 
 5 operation includes conducting marine mammal watching tours in
 
 6 waters located along the Waianae coastline of Oahu between Kaena
 
 7 Point and Barbers Point.  Existing commercial use permits may be
 
 8 renewed; provided that not more than eight permits shall be
 
 9 outstanding at any given time.  The moratorium shall remain in
 
10 force until June 30, 2002.
 
11      SECTION 3.  The chairperson of the board of land and natural
 
12 resources shall:
 
13      (1)  Determine the maximum number of commercial use permits
 
14           to be issued for marine mammal watching tours in waters
 
15           along the Waianae coastline based on a determination of
 
16           the impact that such activities may have on marine
 
17           mammals in that region.  As part of this study, the
 
18           department of land and natural resources shall review
 
19           existing and on-going research about the effects that
 
20           human activity may have on marine mammals;
 
21      (2)  Conduct a study to determine the feasibility of issuing
 
22           commercial use permits for specific rather than
 

 
 
 
Page 3                                                     2753
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           unspecified ocean recreational activities along the
 
 2           Waianae coastline;
 
 3      (3)  Require all persons issued commercial use permits that
 
 4           involve marine mammal watching in waters along the
 
 5           Waianae coastline to charge a $1 fee for each paying
 
 6           passenger.  The fees generated shall be deposited with
 
 7           the department of land and natural resources for the
 
 8           purposes of funding the study as provided by this
 
 9           section; and   
 
10      (4)  Submit findings and recommendations to the legislature
 
11           no later than twenty days prior to the convening of the
 
12           regular session of 2001.
 
13      SECTION 4.  This Act shall take effect upon its approval.
 
14 
 
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