THE SENATE	S.B. NO.	2908
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COMMERCIAL USE OF STATE OCEAN WATERS.

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

     SECTION 1.  Section 200-38, Hawaii Revised Statutes, is amended to read as follows:

"§200-38  [Ocean recreation management areas.] State ocean waters; restrictions. (a)  Notwithstanding any other law to the contrary, no commercial operator shall operate a thrill craft, engage in parasailing, water sledding, or commercial high speed boating, operate a motorized vessel towing a person engaged in parasailing, or operate a motor vessel towing a person engaged in water sledding during all weekends and state and federal holidays on Oahu in Maunalua Bay from Kawaihoa (Portlock) Point to Wailupe Peninsula and commercial zones a, b, and c.

     (b)  Notwithstanding any other law to the contrary, all commercial ocean recreation activities shall be prohibited on all Sundays on Oahu in Maunalua Bay.

     (c)  Notwithstanding any other law to the contrary, no person shall operate a thrill craft, engage in parasailing, operate a motorized vessel towing a person engaged in parasailing, engage in commercial water sledding or commercial high speed boating, or operate a commercial motor vessel towing a person engaged in water sledding between December 15 and May 15 of each year in the waters of west and south Maui from Pu‘u Ola‘i to Hawea Point.

(d)  The department may limit commercial use of state ocean waters where it is reasonable for environmental or user safety considerations to do so.

(e)  When commercial use is limited under subsection (d), the department may issue commercial use permits by public auction.

(f)  Each commercial use permit issued by the department shall be valid for one year from the date of issuance and may be renewed by the department for additional one-year periods; provided that the permit holder shall be in compliance with the applicable rules of the department.

     [(d)] (g)  The department may adopt rules pursuant to chapter 91 to further implement this section."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

State Ocean Waters; Commercial Use

Description:

Authorizes the Department of Land and Natural Resources to limit commercial use of state ocean waters where it is reasonable for environmental or user safety considerations to do so.

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