REPORT TITLE:
Ocean Recreation


DESCRIPTION:
Lifts weekend and holiday ban on ocean recreation activities in
Maunalua Bay and Kaneohe Bay.  Deletes sailing, snorkeling, and
glassbottom boat activities from restricted activities in Kaneohe
Bay.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3146
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO OCEAN RESOURCE MANAGEMENT. 


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

 1      SECTION 1.  Section 200-37, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§200-37  Operation of thrill craft; parasailing; water
 
 4 sledding; commercial high speed boating.  (a)  No person shall
 
 5 operate a thrill craft unless the person is fifteen years of age
 
 6 or older.
 
 7      (b)  The department shall adopt rules to designate areas
 
 8 where, and time periods during which, thrill craft may be
 
 9 operated and parasailing, water sledding, and commercial high
 
10 speed boating may be engaged in.
 
11      (c)  No person shall operate a thrill craft in the waters of
 
12 the State, except:
 
13      (1)  In areas and during time periods designated by the
 
14           department; and
 
15      (2)  Through areas designated by the department to serve as
 
16           avenues for the ingress and egress of thrill craft
 
17           between the areas designated under paragraph (1) and
 
18           the shore.
 
19      (d)  No person shall:
 

 
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 1      (1)  Engage in parasailing; or
 
 2      (2)  Operate a motorized vessel towing a person engaged in
 
 3           parasailing;
 
 4 on or above the waters of the State, except on or above areas and
 
 5 during time periods designated by the department.
 
 6      (e)  No person shall:
 
 7      (1)  Engage in water sledding; or
 
 8      (2)  Operate a motorized vessel towing a person engaged in
 
 9           water sledding;
 
10 in the waters of the State, except in areas and during time
 
11 periods designated by the department.
 
12      (f)  No person shall engage in commercial high speed boating
 
13 or operate an open power boat capable of exceeding forty miles
 
14 per hour for commercial high speed boating purposes in the waters
 
15 of the State, except:
 
16      (1)  In areas, along routes, and during time periods
 
17           designated by the department; and
 
18      (2)  In accordance with a permit issued by the department.
 
19      [(g)  During all weekends and state and federal holidays, no
 
20 commercial operator shall operate a thrill craft, or engage in
 
21 parasailing, water sledding, or commercial high speed boating, or
 
22 operate a motor vessel towing a person engaged in water sledding
 
23 or parasailing in Maunalua Bay on Oahu as provided for in section
 

 
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 1 200-38.
 
 2      (h)  On Sundays, all commercial ocean recreation activities,
 
 3 including those listed in this section, shall be prohibited on
 
 4 Oahu in Maunalua Bay as provided for in section 200-38.
 
 5      (i)] (g)  Between December 15 and May 15 of each year, no
 
 6 person shall operate a thrill craft, or engage in parasailing,
 
 7 water sledding, or commercial high speed boating, or operate a
 
 8 motor vessel towing a person engaged in water sledding or
 
 9 parasailing on the west and south shore of Maui as provided in
 
10 section 200-38.
 
11      [(j)] (h)  All commercial use and operator permits issued by
 
12 the department for commercial thrill craft, and parasailing
 
13 activities shall be fully transferable upon the payment of a
 
14 business transfer fee in an amount determined by the department,
 
15 which shall be no greater than six per cent of the transfer
 
16 price; provided that no more than one transfer every two years
 
17 shall be authorized with respect to any given permit, except
 
18 transfers between family members for the purpose of business
 
19 reorganization.
 
20      [(k)] (i)  The department may immediately revoke a
 
21 commercial use permit without a hearing for any activity that
 
22 endangers or may endanger the health or safety of passengers or
 
23 the public, and may suspend or revoke a commercial use permit for
 

 
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 1 violation of any rules of the department if, after seventy-two
 
 2 hours notice by the department of the violation, the permit
 
 3 holder fails to cure the violation; provided that the permit
 
 4 holder shall have ten days from receipt of the notice of
 
 5 suspension or revocation to request in writing an administrative
 
 6 hearing.  The administrative hearing is solely for the purpose of
 
 7 allowing the permit holder to contest the basis for the
 
 8 suspension or revocation of the permit.  The hearing shall be
 
 9 held within five working days of the department's receipt of the
 
10 written request.  The chairperson shall adopt rules pursuant to
 
11 chapter 91 to implement the procedures governing the
 
12 administrative hearing process.  Within ten days after the
 
13 conclusion of the hearing, the department shall either:
 
14      (1)  Lift the suspension;
 
15      (2)  Suspend the permit for a period of not longer than one
 
16           year; or
 
17      (3)  Revoke the permit.
 
18      [(l)] (j)  All new commercial use and operator permits
 
19 issued by the department for commercial thrill craft, and
 
20 parasailing activities after June 18, 1996 shall be issued at
 
21 public auction.
 
22      [(m)] (k)  Each commercial use and operator permit issued by
 
23 the department for commercial thrill craft, and parasailing
 

 
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 1 activities shall be valid for five years from the date of
 
 2 issuance and shall be renewed by the department for additional
 
 3 five-year periods, not to exceed a maximum of twenty years;
 
 4 provided that the permit holder shall have met the following
 
 5 conditions:
 
 6      (1)  The permit holder shall be in compliance with all
 
 7           applicable rules of the department;
 
 8      (2)  The permit holder shall have timely filed and paid all
 
 9           applicable state taxes during the year; and
 
10      (3)  The permit holder shall have a good safety record
 
11           regarding the operation of a commercial thrill craft,
 
12           or parasailing activity.
 
13      [(n)] (l)  Upon expiration of the twenty-year period, the
 
14 permit may be offered for public auction as provided in this
 
15 chapter; provided that the previous permit holder shall be
 
16 offered the right of first refusal in accordance with
 
17 departmental rules; and provided further that the permit holder
 
18 shall agree to match the highest bid offered at the public
 
19 auction.
 
20      [(o)] (m)  All commercial use and operator permits issued by
 
21 the department for commercial thrill craft, and parasailing
 
22 activities shall be subject to an annual review by the department
 
23 which shall include but not be limited to:
 

 
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 1      (1)  The permit holder's compliance with applicable rules of
 
 2           the department;
 
 3      (2)  The permit holder's timely filing and payment of all
 
 4           applicable state taxes during the year; and
 
 5      (3)  The permit holder's safety record regarding the
 
 6           operation of a commercial thrill craft, or parasailing
 
 7           activity.
 
 8      [(p)] (n)  The department shall adopt rules to encourage
 
 9 water safety education and programs with respect to thrill craft,
 
10 or parasailing activities."
 
11      SECTION 2.  Section 200-38, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§200-38  Ocean recreation management areas.  [(a)
 
14 Notwithstanding any other law to the contrary, no commercial
 
15 operator shall operate a thrill craft, engage in parasailing,
 
16 water sledding, or commercial high speed boating, operate a
 
17 motorized vessel towing a person engaged in parasailing, or
 
18 operate a motor vessel towing a person engaged in water sledding
 
19 during all weekends and state and federal holidays on Oahu in
 
20 Maunalua Bay from Kawaihoa (Portlock) Point to Wailupe Peninsula
 
21 and commercial zones a, b, and c.
 
22      (b)  Notwithstanding any other law to the contrary, all
 
23 commercial ocean recreation activities shall be prohibited on all
 

 
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 1 Sundays on Oahu in Maunalua Bay.
 
 2      (c)] (a)  Notwithstanding any other law to the contrary, no
 
 3 person shall operate a thrill craft, engage in parasailing,
 
 4 operate a motorized vessel towing a person engaged in
 
 5 parasailing, engage in commercial water sledding or commercial
 
 6 high speed boating, or operate a commercial motor vessel towing a
 
 7 person engaged in water sledding between December 15 and May 15
 
 8 of each year in the waters of west and south Maui from Pu`u Ola`i
 
 9 to Hawea Point.
 
10      [(d)]  (b)  The department may adopt rules pursuant to
 
11 chapter 91 to further implement this section."
 
12      SECTION 3.  Section 200-39, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      §200-39  Kaneohe Bay ocean use activities; permits;
 
15 restrictions.(a)  For the purposes of this section, "ocean use
 
16 activities" means commercial operation of thrill craft, high
 
17 speed boating, parasailing, or water sledding[. sailing and
 
18 snorkeling tours, glassbottom boat tours, or any other similar
 
19 commercial ocean recreation activity] for hire.
 
20      (b)  Any other provision of this chapter to the contrary
 
21 notwithstanding, no person shall operate thrill craft,
 
22 parasailing, water sledding, or commercial high speed boating
 
23 unless the person meets the requirements of section 200-37 and
 

 
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 1 all rules adopted by the department that regulate or restrict
 
 2 these activities.
 
 3      (c)  Permits issued by the department for the commercial
 
 4 operation of ocean use activities in Kaneohe Bay shall be limited
 
 5 to the number and locations, by permit type and vessel and
 
 6 passenger capacity, provided in the Kaneohe Bay master plan
 
 7 developed pursuant to Act 208, Session Laws of Hawaii 1990 and
 
 8 amended by section 200D-3[; provided that passenger capacity for
 
 9 snorkeling tours and glassbottom boat tours shall be set through
 
10 rules adopted pursuant to chapter 91].  No thrill craft permit
 
11 may be transferred after June 21, 1998; provided that transfers
 
12 of permits may be made at any time between family members.
 
13      [(d)  On Sundays and federal holidays, all commercial ocean
 
14 use activities shall be prohibited.
 
15      (e)] (d)  All rules adopted by the department with regard to
 
16 Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
 
17 regional council and shall be in accordance with, and implement
 
18 the recommendations in, the Kaneohe Bay master plan developed
 
19 pursuant to Act 208, Session Laws of Hawaii 1990, and amended by
 
20 section 200D-3."
 
21      SECTION 4.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________