Report Title:

Small Boat Harbors; Commercial Permits

Description:

Authorizes DLNR, depending on negative impacts on the environment or public health, to limit or maximize the number of commercial use permits issued for small boat harbors and other areas under its jurisdiction, establish permit limits for different types of commercial activities, and revoke permits. (HB420 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

420

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO HARBORS.

 

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

SECTION 1. The legislature finds that there must be a reasonable balance between all types of users of public facilities, including state small boat harbors. While separate harbor facilities for recreational and commercial activities would avoid conflicts between these user groups, it is cost prohibitive, particularly on the neighbor islands. On Oahu, economies of scale allow the Ala Wai small boat harbor to be used exclusively for recreational boaters because other facilities are available to accommodate commercial activities. On the neighbor islands, there are fishermen who possess commercial vessels and a moorage slip at state small boat harbors, but who have been waiting for more than two years for commercial use permits. Their frustration is understandable because they cannot conduct business legally without these permits. The unavailability of commercial use permits is harmful to the State because they provide revenues to the State through fees as well as general excise and income taxes.

The purpose of this Act is to authorize the increase of commercial use permits for the mooring, docking, or anchoring of commercial vessels at small boat harbors, and other facilities, especially where an applicant possesses a boat and a moorage slip and the commercial activity will not negatively impact other users or the facility.

SECTION 2. Section 200-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The chairperson may adopt rules necessary:

(1) To regulate the manner in which all vessels may enter the ocean waters and navigable streams of the [State] state and moor, anchor, or dock at small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;

(2) To regulate the embarking and disembarking of passengers at small boat harbors, launching ramps, other boating facilities, and public beaches;

(3) For the safety of small boat harbors, launching ramps, and other boating facilities, the vessels anchored or moored therein;

(4) For the conduct of the public using small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;

(5) To regulate and control recreational and commercial use of small boat harbors, launching ramps, and other boating facilities owned or controlled by the State and the ocean waters and navigable streams of the [State;] state;

(6) To prevent the discharge or throwing into small boat harbors, launching ramps, other boating facilities, ocean waters, and navigable streams, of rubbish, refuse, garbage, or other substances likely to affect the quality of the water or that contribute to making the small boat harbors, launching ramps, other boating facilities, ocean waters, and streams unsightly, unhealthful, or unclean, or that are liable to fill up, shoal, or shallow the waters in, near, or affecting small boat harbors, launching ramps, and other boating facilities and the ocean waters and navigable streams of the [State,] state, and likewise to prevent the escape of fuel or other oils or substances into the waters in, near, or affecting small boat harbors, launching ramps, or other boating facilities and the ocean waters and navigable streams of the [State] state from any source point, including, but not limited to, any vessel or from pipes or storage tanks upon land. The rules may include:

(A) Requirements for permits and fees for:

(i) The mooring, docking, or anchoring of recreational and commercial vessels or the launching of recreational or commercial vessels at small boat harbors, launching ramps, and other boating facilities; or

(ii) Other uses of these facilities;

(B) Requirements for permits and fees for use of a vessel as a principal place of habitation while moored at a state small boat harbor;

(C) Requirements governing:

(i) The transfer of any state commercial, mooring, launching, or any other type of use or other permit, directly or indirectly, including, but not limited to, the imposition or assessment of a business transfer fee upon transfer of ownership of vessels operating commercially from, within or in any way related to the state small boat harbors; and

(ii) The use of state small boat harbors, launching ramps, or other boating facilities belonging to or controlled by the State, including, but not limited to, the establishment of minimum amounts of annual gross receipts required to renew a commercial use permit, and conditions under which a state commercial, mooring, launching, or any other type of use or other permit may be terminated, canceled, or forfeited; and

(D) Any other rule necessary to implement this chapter pertaining to small boat harbors, launching ramps, and other boating facilities belonging to or controlled by the State;

(7) To continue the ocean recreational and coastal areas programs and govern the ocean waters and navigable streams of the [State,] state, and beaches encumbered with easements in favor of the public to protect and foster public peace and tranquility and to promote public safety, health, and welfare in or on the ocean waters and navigable streams of the [State,] state, and on beaches encumbered with easements in favor of the public. The rules may include:

(A) Regulating the anchoring and mooring of vessels, houseboats, and other contrivances outside of any harbor or boating facility, including:

(i) The designation of offshore mooring areas;

(ii) The licensing and registration of vessels, houseboats, and other contrivances; and the issuance of permits for offshore anchoring and mooring of vessels, houseboats, and other contrivances; and

(iii) The living aboard on such vessels, houseboats, or other contrivances while they are anchored or moored within ocean waters or navigable streams of the [State.] state.

The rules shall provide for consideration of environmental impacts on the [State's] state's aquatic resources in the issuance of any permits for offshore mooring;

(B) Safety measures, requirements, and practices in or on the ocean waters and navigable streams of the [State;] state;

(C) The licensing and registration of persons or organizations engaged in commercial activities in or on the ocean waters and navigable streams of the [State;] state;

(D) The licensing and registration of equipment utilized for commercial activities in or on the ocean waters and navigable streams of the [State;] state;

(E) For beaches encumbered with easements in favor of the public, the prohibition or denial of the following uses and activities:

(i) Commercial activities;

(ii) The storage, parking, and display of any personal property;

(iii) The placement of structures or obstructions;

(iv) The beaching, landing, mooring, or anchoring of any vessels; and

(v) Other uses or activities that may interfere with the public use and enjoyment of these beaches; and

(F) Any other matter relating to the safety, health, and welfare of the general public; [and]

(8) To regulate the examination, guidance, and control of harbor agents and their assistants[.]; and

(9) Depending on the actual or potential negative impact of commercial activity on the public health or environment:

(A) To limit or maximize the number of commercial use permits issued for small boat harbors, launchings, and other areas under the jurisdiction of the department;

(B) To establish limits on commercial use permits for different types of commercial activities; and

(C) To revoke commercial use permits.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.