Bill Text: HI SB3165 | 2024 | Regular Session | Introduced
Bill Title: Relating To Ocean Recreation Management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-26 - Referred to WTL, CPN/JDC. [SB3165 Detail]
Download: Hawaii-2024-SB3165-Introduced.html
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THE SENATE |
S.B. NO. |
3165 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OCEAN RECREATION MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Under the existing ocean recreation management areas system, the division has the authority to designate areas around each island as an ocean recreation management area, which then allows it to designate zones and subzones within each area that specific ocean recreation activities can occur in order to increase user safety and reduce user conflicts. However, the current ocean recreation management areas system is a patchwork of designated and non-designated areas around each island, preventing user safety measures around some portions of each island. Furthermore, many residents have complained about the over-commercialization of state ocean waters and their resulting inability to enjoy the state ocean waters due to overcrowding and commercial operators taking over ocean access points, such as beach accesses and boat launch ramps.
Therefore, the purpose of this Act is to revise the law regarding ocean recreation management areas to provide better management tools to the division and to prohibit commercial ocean activities statewide on weekends, state holidays, and federal holidays, unless authorized by the board of land and natural resources.
SECTION 2. Section 200-37, Hawaii Revised Statutes, is amended to read as follows:
"§200-37 Operation of thrill craft; parasailing; water sledding; commercial high speed boating. (a) No person shall operate a thrill craft unless the person is fifteen years of age or older.
(b) The department shall adopt rules to designate areas where, and time periods during which, thrill craft may be operated and parasailing, water sledding, and commercial high speed boating may be engaged in.
(c) No person shall operate a thrill craft in the waters of the State, except:
(1) In areas and during time periods designated by the department;
(2) Through areas designated by the department to serve as avenues for the ingress and egress of thrill craft between the areas designated under paragraph (1) and the shore;
(3) Authorized government personnel conducting operations approved by the department;
(4) Authorized film production permit holders conducting operations approved by the department; or
(5) When used to conduct ocean cleanup, as authorized by rules adopted by the department.
To the extent that the authorization to
operate thrill craft
pursuant to this subsection is inconsistent with any other law, including
section 200-38, this subsection shall control.
(d) No person shall:
(1) Engage in parasailing; or
(2) Operate a motorized vessel towing a person engaged in parasailing;
on or above the waters of the State, except on or above areas and during time periods designated by the department.
(e) No person shall:
(1) Engage in water sledding; or
(2) Operate a motorized vessel towing a person engaged in water sledding;
in the waters of the State, except in areas and during time periods designated by the department.
(f) No
person shall engage in commercial high speed boating [or operate an open
power boat capable of exceeding forty miles per hour for commercial high speed
boating purposes] in the waters of the State, except:
(1) In areas, along routes, and during time periods designated by the department; and
(2) In accordance with a permit issued by the department.
[(g)
During all weekends and state and federal holidays, no commercial
operator shall operate a thrill craft, or engage in parasailing, water
sledding, or commercial high speed boating, or operate a motor vessel towing a
person engaged in water sledding or parasailing in Maunalua Bay on Oahu as provided
for in section 200-38.
(h)
On Sundays, all commercial ocean recreation activities, including those
listed in this section, shall be prohibited on Oahu in Maunalua Bay as provided
for in section 200-38.
(i)] (g) Between December 15 and May 15 of each year,
no person shall operate a thrill craft, or engage in parasailing, water
sledding, or commercial high speed boating, [or] operate a motor vessel
towing a person engaged in water sledding or parasailing, or operate any
commercial motorized water sports equipment on the west and south shore of
Maui [as provided in section 200-38.] from Puʻu
Olaʻi Beach to Hawea
Point.
[(j)] (h) All commercial use and operator permits
issued by the department for commercial thrill craft, and parasailing
activities shall be fully transferable upon the payment of a business transfer
fee in an amount determined by the department, which shall be no greater than
six per cent of the transfer price; provided that no more than one transfer
every two years shall be authorized with respect to any given permit, except
transfers between family members for the purpose of business reorganization.
[(k)] (i) The department may immediately revoke a
commercial use permit without a hearing for any activity that endangers or may
endanger the health or safety of passengers or the public, and may suspend or
revoke a commercial use permit for violation of any rules of the department if,
after seventy-two hours notice by the department of the violation, the permit
holder fails to cure the violation; provided that the permit holder shall have
ten days from receipt of the notice of suspension or revocation to request in
writing an administrative hearing. The
administrative hearing is solely for the purpose of allowing the permit holder
to contest the basis for the suspension or revocation of the permit. The hearing shall be held within five working
days of the department's receipt of the written request. The chairperson shall adopt rules pursuant to
chapter 91 to implement the procedures governing the administrative hearing
process. Within ten days after the
conclusion of the hearing, the department shall either:
(1) Lift the suspension;
(2) Suspend the permit for a period of not longer than one year; or
(3) Revoke the permit.
[(l)] (j) All new commercial use and operator permits
issued by the department for commercial thrill craft and parasailing activities
after June 18, 1996 shall be issued at public auction.
[(m)] (k) Each commercial use and operator permit
issued by the department for commercial thrill craft and parasailing activities
shall be valid for one year from the date of issuance and shall be renewed by
the department for additional one-year periods; provided that the permit holder
meets the following conditions:
(1) The permit holder shall be in compliance with all applicable rules of the department;
(2) The permit holder shall have timely filed and paid all applicable state taxes during the year; and
(3) The permit holder shall have a good safety record regarding the operation of a commercial thrill craft, or parasailing activity.
[(n)] (l) All commercial use and operator permits
issued by the department for commercial thrill craft, and parasailing
activities shall be subject to an annual review by the department which shall
include but not be limited to:
(1) The permit holder's compliance with applicable rules of the department;
(2) The permit holder's timely filing and payment of all applicable state taxes during the year; and
(3) The permit holder's safety record regarding the operation of a commercial thrill craft, or parasailing activity.
[(o)] (m) The department shall adopt rules to encourage
water safety education and programs with respect to thrill craft, or
parasailing activities."
SECTION 3. Section 200-38, Hawaii Revised Statutes, is amended to read as follows:
"§200-38 Ocean recreation management areas. (a)
All ocean waters of the State within three thousand feet seaward of the
base line of the territorial sea are designated as ocean recreation management
areas. Within each ocean recreation
management area, the department may designate zones where specific recreational
and commercial ocean activities may occur.
(b)
Unless otherwise provided by this chapter or rules implemented by the
department, no commercial activity, except for commercial activity originating
from a commercial harbor under the jurisdiction of the department of
transportation, may be conducted in an ocean recreation management area without
a use permit from the department.
(c)
Notwithstanding any other law to the contrary, no person shall engage
in any type of 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] activity in any ocean
recreation management area, except for commercial activity originating from a
commercial harbor under the jurisdiction of the department of transportation,
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 Puʻu Olaʻi to Hawea Point.], unless
approved by the board.
(d) The department may adopt rules pursuant to chapter 91 to further implement this section."
SECTION 4. Section 200-39, Hawaii Revised Statutes, is amended to read as follows:
"§200-39 Kaneohe Bay commercial ocean use activities; permits; restrictions. (a) Any other provision of this chapter to the contrary notwithstanding, no person shall operate thrill craft, parasailing, water sledding, or commercial high speed boating unless the person meets the requirements of section 200-37 and all rules adopted by the department that regulate or restrict these activities.
(b) No person shall conduct any commercial ocean use activity within Kaneohe Bay waters without a use permit issued by the department.
(c) No person shall advertise or otherwise offer any commercial ocean use activity or equipment for such activity within Kaneohe Bay waters for which the person does not have a use permit from the department. Advertisement in print; by word of mouth; or online in any form, including through social media, of unpermitted commercial ocean use activities or commercial ocean recreational equipment shall be prima facie evidence that:
(1) The owner of the advertised commercial ocean use activity or commercial ocean recreational equipment disseminated or directed the dissemination of the advertisement in that form and manner; and
(2) The commercial ocean use activity or commercial ocean recreational equipment is being operated at the location advertised.
The burden of proof shall be on a person charged with a violation of this section to establish that the equipment is not being used for unpermitted commercial ocean use activity or that the person's conduct is pursuant to a use permit, lease, or license issued by the department.
(d) Permits issued by the department for commercial ocean use activities in Kaneohe Bay shall be limited to the number and locations, by permit type and vessel and passenger capacity, provided in the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, until applicable rules consistent with the master plan are adopted by the department; provided that the passenger capacity for snorkeling tours and glassbottom boat tours shall be set through rules adopted pursuant to chapter 91. No thrill craft permit may be transferred after June 21, 1998; provided that transfers of permits may be made at any time between family members.
[(e) On
Sundays and federal holidays, all commercial ocean use activities shall be
prohibited.
(f)]
(e) All rules adopted by
the department with regard to Kaneohe Bay shall be drafted in consultation with
the Kaneohe Bay regional council. For
those provisions of the Kaneohe Bay master plan previously adopted by the
legislature, the rules adopted by the department shall be in accordance with
those provisions. Notwithstanding
subsection (d) to the contrary, if the department determines for safety or
environmental protection reasons that a permitted use should be relocated, the
department may relocate the permitted use and the department shall have
discretion to permit vessel substitution with a similar length vessel; provided
that the increase is no greater than ten per cent of the current vessel length.
For those provisions of the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, not previously adopted by the legislature, the master plan shall be used as the recommended guideline in the adoption and implementation of rules with regard to the regulation of all activities in Kaneohe Bay.
[(g)] (f) Citations for violations of this section or
any rules of the department adopted pursuant to this section may be issued by
any law enforcement officer. In
enforcing this section, any law enforcement officer shall have the power to
issue subpoenas and take legal custody of any personal property that is the
subject of or related to any violation of this section or rules established by
the department pursuant to this section.
[(h)] (g) Property confiscated pursuant to this section
may be released only upon approval by the board or a court of competent
jurisdiction. Storage of confiscated
property shall be at the sole risk and expense to the owner. The department may charge reasonable storage
fees to the owner for storage of any property confiscated pursuant to this
section.
[(i)] (h) Any property confiscated pursuant to this
section that remains unclaimed for more than ten working days after it has been
released pursuant to subsection [(h)] (g) may be sold at public
auction. If the department does not, or
is unable to, sell the property at public auction, the department, after giving
public notice of intended disposition, if that notice was not previously
included in a public auction notice, may sell the property by negotiation,
retain and use the property, donate the property to any other government
agency, or dispose of the property as junk.
[(j)]
(i) Any penalties established in
rule pursuant to this section shall be separate and in addition to any other
fees, charges, and fines imposed by the department.
[(k)]
(j) As used in this section:
"Commercial ocean recreational equipment" means thrill craft; watercraft for high-speed boating, parasailing, water sledding, sailing, snorkeling, diving tours, fishing tours, or glassbottom boat tours; kayaks; canoes; any manner of surfboards, sailboards, paddleboards, or related watercraft; or watercraft for any other similar commercial ocean activity.
"Commercial ocean use activity" means and includes:
(1) Any commercial operation of commercial ocean recreational equipment, or any other similar commercial ocean activity;
(2) Providing any commercial ocean recreational equipment for rent or hire; or
(3) Delivering for hire or pre-positioning within one thousand feet of any shoreline of Kaneohe Bay for hire, any commercial ocean recreational equipment.
"Commercial ocean use activity" shall not include commercial fishing, commercial ocean activity authorized by a use permit issued by the department, or activity authorized by an existing lease or license issued by the department."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Ocean Recreation Management Areas; Commercial Ocean Activity
Description:
Designates all ocean waters of the State within 3,000 feet from shore as ocean recreation management areas (ORMAs). Prohibits commercial activity in ORMAs unless authorized by use permit. Prohibits commercial activities in ORMAs on weekends and state and federal holidays unless authorized by the Board of Land and Natural Resources.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
