Bill Text: HI HB2372 | 2016 | Regular Session | Amended

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Bill Title: Commercial Activity; Ocean Recreation and Coastal Area Programs

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-19 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Nakashima, Thielen, Tokioka excused (3). [HB2372 Detail]

Download: Hawaii-2016-HB2372-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2372
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO COMMERCIAL ACTIVITY FOR OCEAN RECREATION AND COASTAL AREAS.

 

 

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

 

     SECTION 1.  Section 200-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The chairperson may adopt rules necessary:

     (1)  To regulate the manner in which all vessels may enter the ocean waters and navigable streams of the State and moor, anchor, or dock at small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;

     (2)  To regulate the embarking and disembarking of passengers at small boat harbors, launching ramps, other boating facilities, and public beaches;

     (3)  For the safety of small boat harbors, launching ramps, and other boating facilities, and the vessels anchored or moored therein;

     (4)  For the conduct of the public using small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;

     (5)  To regulate and control recreational and commercial use of small boat harbors, launching ramps, and other boating facilities owned or controlled by the State and the ocean waters and navigable streams of the State;

     (6)  To prevent the discharge or throwing into small boat harbors, launching ramps, other boating facilities, ocean waters, and navigable streams, of rubbish, refuse, garbage, or other substances likely to affect the quality of the water or that contribute to making the small boat harbors, launching ramps, other boating facilities, ocean waters, and streams unsightly, unhealthful, or unclean, or that are liable to fill up, shoal, or shallow the waters in, near, or affecting small boat harbors, launching ramps, and other boating facilities and the ocean waters and navigable streams of the State, and likewise to prevent the escape of fuel or other oils or substances into the waters in, near, or affecting small boat harbors, launching ramps, or other boating facilities and the ocean waters and navigable streams of the State from any source point, including but not limited to any vessel or from pipes or storage tanks upon land, including:

         (A)  Requirements for permits and fees for:

              (i)  The mooring, docking, or anchoring of recreational and commercial vessels or the launching of recreational or commercial vessels at small boat harbors, launching ramps, and other boating facilities; or

             (ii)  Other uses of these facilities;

         (B)  Requirements for permits and fees for use of a vessel as a principal place of habitation while moored at a state small boat harbor;

         (C)  Requirements governing:

              (i)  The transfer of any state commercial, mooring, launching, or any other type of use or other permit, directly or indirectly, including but not limited to the imposition or assessment of a business transfer fee upon transfer of ownership of vessels operating commercially from, within or in any way related to the state small boat harbors; and

              (ii) The use of state small boat harbors, launching ramps, or other boating facilities belonging to or controlled by the State, including but not limited to the establishment of minimum amounts of annual gross receipts required to renew a commercial use permit, and conditions under which a state commercial, mooring, launching, or any other type of use or other permit may be terminated, canceled, or forfeited; and

         (D)  Any other rule necessary to implement this chapter pertaining to small boat harbors, launching ramps, and other boating facilities belonging to or controlled by the State;

     (7)  To continue the ocean recreational and coastal areas programs and govern the ocean waters and navigable streams of the State, and beaches encumbered with easements in favor of the public to protect and foster public peace and tranquility and to promote public safety, health, and welfare in or on the ocean waters and navigable streams of the State, and on beaches encumbered with easements in favor of the public, including:

         (A)  Regulating the anchoring and mooring of vessels, houseboats, and other contrivances outside of any harbor or boating facility, including:

              (i)  The designation of offshore mooring areas;

             (ii)  The licensing and registration of vessels, houseboats, and other contrivances; and the issuance of permits for offshore anchoring and mooring of vessels, houseboats, and other contrivances; and

            (iii)  The living aboard on vessels, houseboats, or other contrivances while they are anchored or moored within ocean waters or navigable streams of the State.

              The rules shall provide for consideration of environmental impacts on the State's aquatic resources in the issuance of any permits for offshore mooring;

         (B)  Safety measures, requirements, and practices in or on the ocean waters and navigable streams of the State;

         (C)  The licensing and registration of persons or organizations engaged in commercial activities in or on the ocean waters and navigable streams of the State;

         (D)  The licensing and registration of equipment utilized for commercial activities in or on the ocean waters and navigable streams of the State;

         (E)  For beaches encumbered with easements in favor of the public, the prohibition or denial of the following uses and activities:

              (i)  Commercial activities;

             (ii)  The storage, parking, and display of any personal property;

             (iii)  The placement of structures or obstructions;

             (iv)  The beaching, landing, mooring, or anchoring of any vessels; and

              (v)  Other uses or activities that may interfere with the public use and enjoyment of these beaches; and

         (F)  Any other matter relating to the safety, health, and welfare of the general public;

     (8)  To regulate the examination, guidance, and control of harbor agents and their assistants; and

     (9)  To regulate commercial activities in state waters including operations originating from private marinas; provided that no new or additional permits shall be required for those commercial activities regulated by any other chapter.  Commercial activities subject to regulation under this paragraph shall not include any land-based:

         (A)  Sports rental or retail provider that rents or sells beach and ocean equipment for recreational use including snorkel equipment, surfboards, paddleboards, wetsuits, or fins; or

          (B)  Activity provider that advertises or sells vouchers or tickets for activities conducted in state ocean waters.

              For the purposes of this paragraph:

              "Commercial activity" means to engage in any action or attempt to engage in any action for compensation in any form[.  The action or actions may include providing or attempting to provide guide services, charters, tours, and transportation to and from the location or locations for which such services are provided.], regardless of where the compensation is received.

              "Compensation" means money, barter, trade, credit, and other instruments of value, goods, and other forms of payment."

     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 December 24, 2088.

Report Title:

Commercial Activity; Ocean Recreation and Coastal Area Programs

 

 

Description:

Clarifies the definition of commercial activity for purposes of DLNR regulation of ocean and coastal recreation activities. Specifies that land-based retail, rental, and activity providers are not subject to DLNR regulation.  (HB2372 HD2)

 

 

 

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