REPORT TITLE:
Kaneohe Bay

DESCRIPTION:
Limits the amount of commercial ocean use activity permits issued
by the Department of Land and Natural Resources for Kaneohe Bay.
Requires the Department of Land and Natural Resources to adhere
to the original tenets of the Kaneohe Bay Master Plan unless
public health and safety or resource protection requires
otherwise.  (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1296
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO KANEOHE BAY.



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

 1      SECTION 1.  Section 200-39, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsection (c) to read:
 
 4      "(c)  Permits issued by the department for the commercial
 
 5 operation of ocean use activities in Kaneohe Bay shall be limited
 
 6 to the number and locations, by permit type and vessel and
 
 7 passenger capacity, provided in the Kaneohe Bay master plan
 
 8 developed pursuant to Act 208, Session Laws of Hawaii 1990 [and
 
 9 amended by section 200D-3; provided that passenger capacity for
 
10 snorkeling tours and glassbottom boat tours shall be set through
 
11 rules adopted pursuant to chapter 91.], in the form the plan
 
12 existed on June 21, 1993, when Act 317, Session Laws of Hawaii
 
13 1993, took effect.  No thrill craft permit may be transferred
 
14 after June 21, 1998; provided that transfers of permits may be
 
15 made at any time between family members."
 
16      2.  By amending subsection (e) to read:
 
17      "(e)  All rules adopted by the department with regard to
 
18 Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
 
19 regional council [and shall be in accordance with, and implement
 

 
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 1 the recommendations in, the Kaneohe Bay master plan developed
 
 2 pursuant to Act 208, Session Laws of Hawaii 1990, and amended by
 
 3 section 200D-3.] and adopted in accordance with chapter 91.  All
 
 4 rules shall be drafted following the criteria and general
 
 5 management concepts set forth in sections 4.9 and 4.10 of the
 
 6 master plan developed pursuant to Act 208, Session Laws of Hawaii
 
 7 1990, as adopted and approved by the office of state planning on
 
 8 March 19, 1992.  In adopting rules relating to Kaneohe Bay, the
 
 9 department shall use the recommendations and provisions of the
 
10 master plan developed pursuant to Act 208, Session Laws of Hawaii
 
11 1990, and shall not adopt any rule that is inconsistent with
 
12 specific provisions of the master plan or any amendment thereto,
 
13 unless the inconsistent rule is required to protect public health
 
14 or safety or to ensure resource preservation or protection.
 
15 Nothing contained in this section shall be construed to relieve
 
16 the department of its obligation to follow the procedures set
 
17 forth in chapter 91.  If any conflict between this section and
 
18 chapter 91 arises, chapter 91 shall prevail."
 
19      SECTION 2.  Act 129, Session Laws of Hawaii 1998, is amended
 
20 by amending section 5 to read as follows:
 
21      "SECTION 5.  The Kaneohe Bay regional council, with the
 
22 assistance of the department of business, economic development,
 

 
 
 
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 1 and tourism and the department of land and natural resources,
 
 2 shall [submit an amended] review the Kaneohe Bay master plan and
 
 3 submit amendments as it deems appropriate to the [legislature]
 
 4 department of land and natural resources by December 1999."
 
 5      SECTION 3.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect upon its approval.