Kaneohe Bay; Ocean activities
and management

Clarifies certain matters relating to the roles of the Kaneohe
Bay Master Plan, the Kaneohe Bay Regional Council, and the
Department of Land and Natural Resources in the management of the

HOUSE OF REPRESENTATIVES                H.B. NO.1295       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that statutory
 2 clarification is required for certain matters relating to the
 3 roles of the Kaneohe Bay Master Plan, the Kaneohe Bay Regional
 4 Council, and the Department of Land and Natural Resources in the
 5 management of Kaneohe Bay under the statutory scheme of Chapter
 6 200 and Chapter 200D of the Hawaii Revised Statutes.
 7      SECTION 2.  Section 200D-3, Hawaii Revised Statutes, is
 8 amended to read as follows:
 9      "200D-3 Kaneohe Bay regional council; general powers,
10 duties, and functions.  The council shall have the following
11 powers and duties and perform the following functions:
12      (1)  Facilitate the implementation of the master plan as it
13           relates to ocean use activities;
14      (2)  Review and periodically amend the master plan as it
15           relates to ocean use activities[;] subject to the
16           approval of the legislature;
17      (3)  Action by the legislature will be through the council's
18           submission of such amendments in the semi-annual
19           reports to the legislature required under section 200D-

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                                     H.B. NO.1295       

 1           5 of this chapter;
 2 [(3)](4)  Serve as a central coordinative clearinghouse of public
 3           and private activities in Kaneohe Bay, and as a
 4           repository and disseminator of information on the bay;
 5 [(4)](5)  Facilitate productive interaction between users of the
 6           bay and the general public in order to develop a common
 7           vision and make recommendations for public policy
 8           related to the bay;
 9 [(5)](6)  Recommend research, studies, data collection, and
10           planning activities designed to provide additional
11           information on Kaneohe Bay, with particular reference
12           to the specific needs of the bay, and to publicize the
13           results thereof, to the extent that these functions do
14           not duplicate or supplant activities provided by other
15           state or county agencies;
16 [(6)](7)  Advise and make recommendations to the State and the
17           county on matters regarding the use of Kaneohe Bay by
18           the general public, marine research programs, and
19           commercial ocean use activities, including legislative
20           matters;
21 [(7)](8)  Develop short- and long-term goals based on the master
22           plan, resources, and programs for Kaneohe Bay;
23 [(8)](9)  Educate the public and users of Kaneohe Bay on the

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                                     H.B. NO.1295       

 1           problems and needs of the bay through public education
 2           programs;
 3 [(9)](10)Serve as the public advocate for Kaneohe Bay;
 4 [(10)](11)Initiate and maintain contact with public, private,    
 5           county, and state organizations, agencies, and
 6           individuals engaging in activities in Kaneohe Bay;
 7 [(11)](12)Establish a Kaneohe Bay fishing panel to monitor       
 8           fishing activities in the bay, as recommended in the
 9           master plan as it relates to ocean use activities; and
10 [(12)](13)Hold annual public hearings until 1999 on the          
11           status of the implementation of the master plan as it
12           relates to ocean use activities and research being
13           conducted by the Hawaii institute of marine biology."
14       SECTION 3.  Section 200D-5, Hawaii Revised Statutes, is
15 amended to read as follows:
16      "[[]200D-5[]]  Annual report.  The council shall submit
17 semi-annual reports on its activities to the governor and the
18 legislature, which may include recommendations consistent with
19 the purposes of this chapter. The council may include proposed
20 amendments to the Kaneohe Bay Master Plan, authorized under
21 section 200D-3(2) of this chapter in these reports."
22      SECTION 4.  Section 200-39, Hawaii Revised Statutes, is
23 amended to read as follows:

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                                     H.B. NO.1295       

 1      "200-39  Kaneohe Bay ocean use activities; permits;
 2 restrictions.  [Repeal of section on July 1, 1998, by L 1993, c
 3 317, 7 deleted by L 1998, c 4, 3.]  (a)  For the purposes of
 4 this section, "ocean use activities" means commercial operation
 5 of thrill craft, high speed boating, parasailing, water sledding,
 6 sailing and snorkeling tours, glassbottom boat tours, or any
 7 other similar commercial ocean recreation activity for hire.
 8      (b)  Any other provision of this chapter to the contrary
 9 notwithstanding, no person shall operate thrill craft,
10 parasailing, water sledding, or commercial high speed boating
11 unless the person meets the requirements of section 200-37 and
12 all rules adopted by the department that regulate or restrict
13 these activities.
14      (c)  Permits issued by the department for the commercial
15 operation of ocean use activities in Kaneohe Bay shall be limited
16 to the number and locations, by permit type and vessel and
17 passenger capacity, provided in the Kaneohe Bay master plan
18 developed pursuant to Act 208, Session Laws of Hawaii 1990 and
19 amended by section 200D-3; provided that passenger capacity for
20 snorkeling tours and glassbottom boat tours shall be set through
21 rules adopted pursuant to chapter 91.  No thrill craft permit may
22 be transferred after June 21, 1998; provided that transfers of
23 permits may be made at any time between family members.

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                                     H.B. NO.1295       

 1      (d)  On Sundays and federal holidays, all commercial ocean
 2 use activities shall be prohibited.
 3      (e)  All rules adopted by the department with regard to
 4 Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
 5 regional council and shall be in accordance with, and implement
 6 the recommendations in, the Kaneohe Bay master plan developed
 7 pursuant to Act 208, Session Laws of Hawaii 1990, and amended by
 8 section 200D-3[.], provided that such rules shall not be in
 9 opposition to the expressed will of the council.
10      (f)  Where a conflict exists between the expressed will of
11 the Kaneohe Bay Regional Council and the Kaneohe Bay Master Plan,
12 that conflict shall be resolved as follows:
13      (1)  The department shall institute no rule, nor enforce any
14           existing rule attempting to regulate any aspect of any
15           such conflict between the expressed will of the council
16           and the master plan until such time as the legislature
17           may act to resolve the conflict between the council and
18           the plan; and
19      (2)  The council shall express its will in proposed
20           amendments to the master plan under its powers in
21           section 200D-3(2) and shall submit said amendments to
22           the legislature for action required in subsection (1)
23           above in a semi-annual report to the legislature

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                                     H.B. NO.1295       

 1           required under HRS 200D-5."
 2      SECTION 5.  If any provision of this Act, or the application
 3 thereof to any person or circumstance is held invalid, the
 4 invalidity does not affect other provisions or applications of
 5 the Act which can be given effect without the invalid provision
 6 or application, and to this end the provisions of this Act are
 7 severable.
 8      SECTION 6.  Statutory material to be repealed is bracketed.
 9 New statutory material is underscored.
10      SECTION 7.  This Act shall take effect upon its approval.
12                           INTRODUCED BY:_________________________