HB1674

SECTION 1. The legislature finds it a matter of concern that, along the west Hawaii coast, the growing population of west Hawaii and the visitor industry are affecting the traditional uses of the area and are having cumulative economic, environmental, social, and cultural effects on the many communities along this coastline.

The legislature finds that the increased usage of beach parks and state boating facilities to accommodate commercial ocean recreation activities between Kealakekua bay and Kawaihae harbor has had a significant impact on traditional commercial and non-commercial fishing and ocean recreation activities.

The legislature finds that the ocean waters in this area should be designated by the department of land and natural resources as an ocean recreation management area to reduce user conflicts, maintain overall public safety, and regulate commercial activities by placing limitations on the locations, times, and types of fishing and ocean recreation activities that are permitted.

The purpose of this Act is to place a moratorium on the issuance of new commercial vessel permits in state small boat harbors involving ocean use activities for ocean waters between Kealakekua bay and Kawaihae harbor until the boundaries of a west Hawaii ocean recreation management area are designated and administrative rules on commercial and non-commercial fishing and ocean recreation activities are adopted. However, the completion of a baseline environmental study is a prerequisite to the establishment of the boundaries of an ocean recreation management area and the adoption of the ocean recreation management area rules.

SECTION 2. The department of land and natural resources shall not issue any state small boat harbor facility commercial permits for vessels engaged in ocean use activities in the area from Kealakekua bay to Kawaihae harbor that would exceed the total number of permits already issued as of the effective date of this Act, until the boundaries of an ocean recreation management area for the west Hawaii area from Kealakekua bay to Kawaihae harbor are determined and ocean recreation management area rules are adopted pursuant to this Act and chapter 91, Hawaii Revised Statutes.

SECTION 3. The department of land and natural resources shall prepare a baseline environmental study, in accordance with chapter 343, Hawaii Revised Statutes, as an informational document to be used for the designation of the boundaries of a west Hawaii ocean recreation management area and the preparation of ocean recreation management area rules.

SECTION 4. The final designation of the ocean recreation management area and rules for this area shall be adopted by the department, pursuant to chapter 91, Hawaii Revised Statutes, and this Act, and shall include any sub-areas or restricted areas. The department shall maintain rulemaking files that shall include but not be limited to the following:

(1) All letters received containing substantive questions, comments, or recommendations and, as applicable, summaries of any scoping meetings held;

(2) A list of persons, organizations, and public agencies commenting on the draft rules;

(3) The responses of the department to each substantive question, comment, or recommendation received during the rules adoption process; and

(4) The final rules written in a format that allows the reader to easily distinguish changes made to the text of the draft rules.

SECTION 5. For the purposes of this Act, "ocean use activities" means commercial operation of charter fishing boats, thrill craft, high-speed boating, para-sailing, water sledding, sailing and snorkeling tours, glassbottom boat tours, dolphin tours, or any other similar commercial ocean recreational activity for hire.

SECTION 6. The department of land and natural resources shall submit the baseline environmental study to the legislature not later than twenty days prior to the convening of the regular session of 2008.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1674
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII