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. Creates the west Oahu ocean resource management area. (SD2)

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.

As a result of commercial popularity, the number of commercial boaters have increased on the west coast of Oahu. For example, dolphin tour operations in the Waianae coast region have been perceived to reach capacity, and any further growth of dolphin tour operations may bring undue pressures on 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:

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

"§200-   West Oahu ocean resource management area. (a) The department shall establish the west Oahu ocean resource management area between the Honolulu International Airport reef runway and Kaena point; provided that the department shall commence the establishment of the west Oahu ocean resource management area process no later than June 30, 2005.

(b) 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 rules pursuant to chapter 91 to implement this section.

§200-   Waianae coast commercial activities permits; restrictions. (a) Notwithstanding any other law to the contrary, permits issued by the department for commercial activities on the Waianae coast of Oahu shall be limited to the number of permits issued as of January 1, 2005. The department shall limit the number of permits 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 may be reissued by the department.

(b) The department may adopt rules pursuant to chapter 91 to implement this section."

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.