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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1138 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OCEAN USER SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
To ensure public safety and the effective management of marine natural resources, the division of boating and ocean recreation needs the flexibility to quickly and efficiently implement adaptive management measures that can address rapidly changing ocean technologies. In recognizing the benefit of adaptive management to address conservation and natural resource issues, the legislature has already granted adaptive management authority to the department of land and natural resources' divisions of aquatic resources, forestry and wildlife, and state parks.
The purpose of this Act is to authorize the board of land and natural resources to adopt, amend, or repeal emergency rules relating to commercial and recreational use of water sports equipment that may be in effect for a period of up to three hundred sixty-five days.
SECTION 2. Section 91-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b)
Notwithstanding the requirements of subsection (a), if an agency finds
that an imminent peril to the public health, safety, or morals, including
ocean user safety; to livestock and poultry health[,]; or to
natural resources requires adoption, amendment, or repeal of a rule upon less
than thirty days' notice of hearing, and states in writing its reasons for such
finding, it may proceed without prior notice or hearing or upon such
abbreviated notice and hearing, including posting the abbreviated notice and
hearing on the Internet as provided in section 91-2.6, as it finds practicable
to adopt an emergency rule to be effective for a period of not longer than one
hundred twenty days without renewal[.]; provided that the board of
land and natural resources may adopt, amend, or repeal an emergency rule under
this subsection to be effective for a period no longer than three hundred
sixty-five days without renewal for the regulation of commercial and
recreational use of water sports equipment to promote ocean user safety.
For the purposes of this subsection,
"water sports equipment" means any equipment,
contrivance, frame, or other device that one or more persons may wear, or lie,
sit, or stand upon or in, that is primarily for use in or on the water for
pleasure, recreation, or sports, and that shall not be used primarily for
transportation."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
BLNR; Water Sports Equipment; Emergency Rules
Description:
Authorizes the Board of Land and Natural Resources to issue emergency rules which may be in effect for up to 365 days for the regulation of commercial and recreational use of water sports equipment to promote ocean user safety. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.