Bill Text: HI SB3328 | 2022 | Regular Session | Amended
Bill Title: Relating To Kaneohe Bay.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2022-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB3328 Detail]
Download: Hawaii-2022-SB3328-Amended.html
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THE SENATE |
S.B. NO. |
3328 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO KANEOHE BAY.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Kaneohe Bay master plan was developed pursuant to Act 208, Session Laws of Hawaii in 1990, to establish a framework for the sustainable management of the bay's natural resources while accommodating a variety of uses. A compromise of competing interests resulted in a cap on the number of commercial enterprises and volume of commercial activity that would be permitted. The vision continues to be the preservation and protection of the bay's natural resources for the continuing enjoyment of all.
The legislature further finds that limits on commercial activity have been exceeded by other activities not previously envisioned, and by new technologies that support their proliferation. One example is the pre‑positioning of rental kayaks at Heeia State Park and Heeia Kea Pier, internet advertisements for the kayaks, and the ability of customers to pay online.
Accordingly, the purpose of this Act is to update the statute regarding Kaneohe Bay ocean use activities to better reflect the intent and execution of the Kaneohe Bay master plan.
SECTION 2. Section 200-39, Hawaii Revised Statutes, is amended to read as follows:
"§200-39 Kaneohe Bay ocean use activities; permits;
restrictions. (a)
For the purposes of this section, ["ocean use activities" means]
"commercial ocean use activity" means any commercial operation
or the providing for hire of thrill craft[,]; high speed
boating[,]; parasailing[,]; water sledding[,];
kayaks; canoes; any manner of surfboards, sailboards, or related watercraft;
sailing [and], snorkeling, or diving tours[,]; fishing
or glassbottom boat tours[,]; or any other similar commercial
ocean recreation activity [for hire].
(b)
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.
(c) No person shall conduct any commercial ocean
use activity within Kaneohe Bay ocean waters without a permit issued by the
department.
(d) Delivering or pre-positioning any ocean
recreational equipment for hire, within one thousand feet of any shoreline of
Kaneohe Bay, shall be construed as conducting commercial ocean use activity.
[(c)] (e) Permits issued by the department for the
commercial operation of 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.
[(d)] (f) On Sundays and federal holidays, all
commercial ocean use activities shall be prohibited.
[(e)] (g) 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 [(c)] (e)
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
not 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."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
DLNR; Kaneohe Bay; Restrictions; Commercial Ocean Use Activity; Permit
Description:
Prohibits
commercial ocean use activity at Kaneohe Bay or within 1,000 feet of the bay without
a permit from the Department of Land and Natural Resources. Expands commercial ocean use activities requiring
a permit to include those involving kayaks, canoes, surfboards, sailboards, dive
tours, and fishing tours. Takes effect 7/1/2050.
(SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
