Bill Text: HI HB1090 | 2023 | Regular Session | Amended
Bill Title: Relating To Ocean Recreation Commercial Permits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2023-07-07 - Vetoed on 07-07-23 - Returned from the Governor without approval (Gov. Msg. No. 1372). [HB1090 Detail]
Download: Hawaii-2023-HB1090-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1090 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO OCEAN RECREATION COMMERCIAL PERMITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 200-10, Hawaii Revised Statutes, is
amended as follows:
1. By amending subsection (d) to read:
"(d) The department shall not renew or issue a
permit to a person who is not the owner of the vessel [which] that
is moored or [which] that the person desires to moor in a state
small boat harbor. No use permit may be
transferred unless specifically provided by law. Any individual who is an owner of a vessel
used for commercial purposes, including commercial fishing as a principal means
of livelihood, and possesses a valid mooring permit or commercial permit, or
both, in accordance with the rules adopted by the chairperson pursuant to
chapter 91, may transfer ownership of the vessel from personal ownership to
corporate or other business ownership without terminating the right to moor or
operate the vessel under the permit or permits.
The existing permit or permits shall be reissued in the name of the
transferee corporation or other business entity. The department may designate moorage space
within state small boat harbors to accommodate commercial fishing vessels and
transient vessels."
2. By amending subsection (g) to read:
"(g) [The department may designate moorage
space within state small boat harbors to accommodate commercial fishing vessels
and transient vessels.] Except
as provided in section 200-37(l), all new commercial use permits issued for
commercial ocean recreation activity occurring in an ocean recreation
management area that are not renewals of permits shall be issued by the
following methods and in the following order until all permits allowed by law
or determined by the department to be a reasonable number have been issued:
(1) Seniority based on an applicant's number of
years engaged in the business for which a commercial use permit is sought,
proven by records including but not limited to booking records, gross receipts,
passenger manifests, vessel logs, dive logs, and tax records;
(2) Seniority based on the date and time a
commercial use permit application was submitted;
(3) Unsealed public auction; and
(4) Lottery.
Within an ocean recreation management area or state boating
facility in which the department has implemented administrative rules setting a
limit on the number of commercial use permits that can be issued at any one
time, if the number of commercial use permits issued exceeds the relevant
permit limit, the department shall determine which permittees will be allowed
to continue to renew their commercial use permit and shall disallow all other
permittees from renewing their commercial use permit by seniority based on the
existing permittees' number of years engaged in the business in the area or
facility, proven by records including but not limited to booking records, gross
receipts, passenger manifests, vessel logs, dive logs, and tax records, in
order to meet the permit limit."
SECTION 2.
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is
bracketed and stricken. New statutory material is
underscored.
SECTION 4. This Act shall take effect on June 30, 3000; provided that section 1 of this Act shall take effect on July 1, 2024.
Report Title:
Ocean Recreation Commercial Permits; Department of Land and Natural Resources
Description:
Specifies the methods by which the Department of Land and Natural Resources can issue new ocean recreation commercial permits and renew existing ocean recreation commercial permits. Specifies that new permits for ocean recreation management areas and facilities where a permit limit is implemented shall be issued by the method and order set specified, until the limit is reached. For renewal of existing permits in ocean recreation management areas and facilities where a permit limit is implemented, bases renewal of a commercial permit on seniority, until the limit is reached. Effective 6/30/3000. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
