Requires the department of land and natural resources to consider user conflicts, address environmental concerns, and balance commercial activities along the coast in issuing permits for commercial ocean activities on the Waianae coast. (SD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that few sectors of the tourism industry have experienced the same levels of growth in such a concentrated period of time as ocean-based commercial operations, including whale- and dolphin-watching enterprises. As the popularity of interacting with marine mammals in the wild increases, managers of these operations face the challenge of providing a service while respecting other users and the environment. Few forms of tourism provide a greater challenge with respect to the impact of tourism on marine resources and appropriate management responses.

dolphin tour operations in the Waianae coast region has been perceived to reach capacity, and any further growth of dolphin tour operations may bring undue pressures on the nearshore habitats and populations of the Hawaiian spinner dolphins and caused increased user conflicts with akule fisheries. In response to the increased number of dolphin tour operations, existing operators in the Waianae coast have self-imposed limitations on the number of passengers carried and trips per day and have agreed to develop and follow a code of ethics for operating in the Waianae coastline area. These efforts are, in part, due to the remoteness of the coastal area, difficulty in policing the area, and a desire to act as a role model in community-driven resource and conservation management.

The purpose of this Act is to clarify the department's authority over commercial activities in state waters in the Waianae coast area and to require the department to consider user conflicts, address environmental concerns, and balance the commercial activities along the coastline when determining whether to issue permits for commercial ocean activities.

SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§200-   Waianae coast commercial activities permits; restrictions. (a) Permits issued by the department for commercial activities on the Waianae coast of Oahu shall be limited to avoid user conflicts, address environmental concerns, and balance the level of commercial activities originating from the harbors, marinas, and beaches along the Waianae coastline. Withdrawn or revoked permits shall be reissued by the department.

(b) The department shall establish an ocean recreation management area along the Waianae coast; provided that the department shall commence the establishment of the ocean recreation management area process no later than June 30, 2005.

The department shall determine the number and types of permits to be issued and the location and type of activities allowed under the permits.

(c) The department may adopt any necessary rules pursuant to chapter 91."

SECTION 3. All rules adopted by the department of land and natural resources under chapter 200, Hawaii Revised Statutes, regarding the issuance of commercial ocean activities permits shall remain in full force and effect until such time as the department adopts new rules pursuant to section 2 of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.