Bill Text: HI HB2259 | 2018 | Regular Session | Amended
Bill Title: Relating To Marine Events.
Spectrum: Partisan Bill (Democrat 20-1)
Status: (Passed) 2018-07-11 - Act 156, 07/09/2018 (Gov. Msg. No. 1265). [HB2259 Detail]
Download: Hawaii-2018-HB2259-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2259 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MARINE EVENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature recognizes that marine events often require more than one year of advance planning in light of the many responsibilities involved. For example, if ocean access during an event will be from private property, the permit applicant must provide proof of permission from the landowner before a permit may be issued. Event organizers experience hardships when the department of land and natural resources is unable to approve or deny permit applications well in advance of proposed events. The legislature finds that many individuals have expressed interest in applying to the department of land and natural resources for marine event permits up to one year in advance of an event.
The legislature is also aware of the immense popularity of regattas, marine parades, surfing contests, and other marine events in the State. During these events, ocean conditions can be extremely hazardous to both participants and spectators. Furthermore, spectators may use vessels, thrill craft, drones, and other means to observe and capture photos and videos of these events, which may interfere with the event, infringe upon an event organizer's exclusive use of areas designated for use during the event, and put event participants at risk of serious injury or death. These issues arose during recent surf contests such as the Peahi Challenge and the Quiksilver in Memory of Eddie Aikau.
Accordingly, the purpose of this Act is to require the department of land and natural resources to:
(1) Allow individuals to apply for marine event permits up to one year in advance of the date of a proposed marine event; and
(2) Adopt rules to mitigate the hazards posed by vessels, thrill craft, drones, and other means used by spectators to observe or record regattas, surfing contests, and other marine events in the waters of the State.
SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:
"§200- Marine events; permits; exclusive use; cancellation fee. (a) No person shall hold a marine event, including but not limited to a regatta, marine parade, or surfing contest, without the department's authorization; provided that the department's authorization is not required if prior authorization has been secured from the Coast Guard.
(b) Authorization
shall be in the form of a permit. All
permit applications shall be on a form prescribed by the department.
(c) Permit
applications may be submitted to the department up to one year in advance of
the date of a proposed event. The
department shall grant or deny a permit within thirty calendar days of
receiving a permit application.
(d) A permit issued to an applicant shall confer
upon the applicant the exclusive use of waters and other areas under the
jurisdiction of the State that have been specifically designated for use during
the marine event.
(e) If an applicant
who has been granted a permit under this section cancels the event with ninety
or fewer days' notice to the department before the starting date of the proposed
event, the department may assess a cancellation fee. The amount of the fee shall be determined by
the department.
(f)
The department shall adopt rules, pursuant to chapter 91,
necessary to effectuate this section.
(g) As used in this section, "marine event" means an organized water event of limited duration that is conducted according to a prearranged schedule, and by its nature, circumstances, or location, will introduce extra or unusual hazards to the safety of persons or property on the waters of the State.
§200- Event
spectators; hazards; mitigation.
The department shall adopt rules to mitigate the hazards posed by
vessels, thrill craft, drones, and other means used by spectators to observe or
record regattas, marine parades, surfing contests, and other marine events held
in the waters of the State."
SECTION 3. The department shall submit a report of its progress in implementing the permitting process and adopting rules as required by section 2 of this Act, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2019.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on December 24, 2088.
Report Title:
Department of Land and Natural Resources; Ocean Safety; Marine Events; Permits; Event Spectators; Rules
Description:
Requires the Department of Land and Natural Resources to allow applications for marine event permits up to one year in advance and to adopt rules to mitigate hazards posed by vessels, thrill craft, drones, and other means used by spectators to observe or record marine events. Requires a report to the 2019 Legislature. (HB2259 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
