REPORT TITLE:
Ocean activities


DESCRIPTION:
Allows defined commercial ocean recreation activities in Maunalua
Bay on all days of the week, except Sundays and state and federal
holidays.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3171
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MAUNALUA BAY.


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:
 
20      (1)  Engage in parasailing; or
 

 
Page 2                                                     3171
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  Operate a motorized vessel towing a person engaged in
 
 2           parasailing;
 
 3 on or above the waters of the State, except on or above areas and
 
 4 during time periods designated by the department.
 
 5      (e)  No person shall:
 
 6      (1)  Engage in water sledding; or
 
 7      (2)  Operate a motorized vessel towing a person engaged in
 
 8           water sledding;
 
 9 in the waters of the State, except in areas and during time
 
10 periods designated by the department.
 
11      (f)  No person shall engage in commercial high speed boating
 
12 or operate an open power boat capable of exceeding forty miles
 
13 per hour for commercial high speed boating purposes in the waters
 
14 of the State, except:
 
15      (1)  In areas, along routes, and during time periods
 
16           designated by the department; and
 
17      (2)  In accordance with a permit issued by the department.
 
18      (g) During all [weekends] Sundays and state and federal
 
19 holidays, no commercial operator shall operate a thrill craft, or
 
20 engage in [parasailing,] water sledding, or commercial high speed
 
21 boating, or operate a motor vessel towing a person engaged in
 
22 water sledding [or parasailing] in Maunalua Bay on Oahu as
 
23 provided for in section 200-38.
 

 
Page 3                                                     3171
                                     S.B. NO.           
                                                        
                                                        

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

 
Page 4                                                     3171
                                     S.B. NO.           
                                                        
                                                        

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

 
Page 5                                                     3171
                                     S.B. NO.           
                                                        
                                                        

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

 
Page 6                                                     3171
                                     S.B. NO.           
                                                        
                                                        

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

 
Page 7                                                     3171
                                     S.B. NO.           
                                                        
                                                        

 
 1 operate a motorized vessel towing a person engaged in
 
 2 parasailing, engage in commercial water sledding or commercial
 
 3 high speed boating, or operate a commercial motor vessel towing a
 
 4 person engaged in water sledding between December 15 and May 15
 
 5 of each year in the waters of west and south Maui from Pu`u Ola`i
 
 6 to Hawea Point.
 
 7      (d)  The department may adopt rules pursuant to chapter 91
 
 8 to further implement this section."
 
 9      SECTION 3.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect upon its approval.
 
12 
 
13                       INTRODUCED BY:  ___________________________