Bill Text: HI SB3052 | 2020 | Regular Session | Introduced
Bill Title: Relating To Commercial Shark Tours.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2020-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB3052 Detail]
Download: Hawaii-2020-SB3052-Introduced.html
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THE SENATE |
S.B. NO. |
3052 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to commercial shark tours.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that shark boat tours, which began in Hawaii nearly twenty years ago, are increasingly popular with visitors and residents. In recent years, several tour operators have chosen to forsake protective shark cages and encourage customers to swim amongst sharks. In 2019, two separate incidents occurred where one and three persons, respectively, were bitten by sharks off the North Shore of Oahu. All four persons were sent to the emergency room for treatment.
The legislature finds that shark boat tours are presently unregulated and safety measures, such as they are, vary greatly between operators. Sharks have the potential to cause great harm and death to humans. Noting the inherent risks associated with swimming with sharks, and the proliferation of shark tour operations, caged and uncaged, the legislature finds that shark boat tours should be regulated with appropriate codes of conduct, safety standards, and oversight.
The purpose of this Act is to regulate shark boat tour operators, improve public safety, and increase protections of shark within state waters.
SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§188-
Commercial shark tour regulations. (a) No commercial shark tour operator shall engage
in the business of providing guided shark tours without first receiving a permit
from the department. The department shall
adopt rules to regulate commercial shark tour operations by permit which shall include
but not be limited to:
(1) A maximum number
of commercial shark tour permits available on an annual basis;
(2) Designation of permitted
operating sites;
(3) Training for tour
guides that shall include advanced first aid and aquatic rescue;
(4) Education for tour
guides on shark biology and ecology administered by the University of Hawaii's Hawaii
Institute of Marine Biology;
(5) Requirements that
at least one employee of the tour operator shall remain on the vessel at all times;
(6) Requirements that all operators
shall use shark or diving cages for tours where people enter the water to view sharks;
provided that the department may waive this requirement if the operator provides
evidence of insurance coverage for cageless shark tours;
(7) Requirements that
the certificate of insurance indicates if coverage is for tours that use cages at
all times or if the policy covers tours that allow swimming with sharks outside
of a cage;
(8) Establishment of
a mandatory code of conduct that prohibits the following behaviors:
(A) Night
diving in sites identified as habitat critical to the survival of sharks;
(B) Touching
or interfering with the natural behavior of sharks;
(C) Use
of more than five pounds of bait approved by the Hawaii institute of marine biology,
during daylight hours;
(D) Chasing,
harassing, or interrupting the swimming patterns of sharks;
(E) Blocking
cave entrances or entrapping sharks;
(F) Diving
in groups totaling more than eight divers;
(G) Using
a mechanical apparatus, including but not limited to scooters, horns, or electronic
shark protection devices;
(H) Operation
of a commercial tour activity during a small craft advisory; and
(I) Operation
of a commercial tour activity during a brown water advisory;
(9) Revocation of a
permit based on the failure to comply with permit conditions; and
(10) Annual renewal of
permits.
(b) For purposes of this section, "commercial shark tour operator" means any
individual,
firm, corporation, association, partnership, or any group of persons, whether
incorporated or not, which provides shark tour
excursions for compensation or other consideration."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Commercial Shark Tour Operations; Regulations; Code of Conduct; Cage Requirements
Description:
Prohibits commercial shark tour operations from operating without a permit. Requires the department of land and natural resources to adopt rules to regulate commercial shark tours, including dive cage requirements and adherence to a code of conduct.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
