REPORT TITLE:
Kaneohoe Bay


DESCRIPTION:
Requires that permits issued for the commerical operation of
ocean activities in Kaneohoe Bay shall be limited to the number
provided in the Kaneohoe Bay Master Plan until applicable rules
are adopted by the DLNR and requires that rules adopted be based
on the recommendations in the Master Plan in a manner and to the
extent that public safety, public health, resource protection,
pulic access for recreation, other matters of public welfare and
efficieent permit administration are assured.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1509
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  Section 200-39, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "200-39  Kaneohe Bay ocean use activities; permits;
 
 4 restrictions. (a)  For the purposes of this section, "ocean use
 
 5 activities" means commercial operation of thrill craft, high
 
 6 speed boating, parasailing, water sledding, sailing and
 
 7 snorkeling tours, glassbottom boat tours, or any other similar
 
 8 commercial ocean recreation activity for hire.
 
 9      (b)  Any other provision of this chapter to the contrary
 
10 notwithstanding, no person shall operate thrill craft,
 
11 parasailing, water sledding, or commercial high speed boating
 
12 unless the person meets the requirements of section 200-37 and
 
13 all rules adopted by the department that regulate or restrict
 
14 these activities.
 
15      (c)  Permits issued by the department for the commercial
 
16 operation of ocean use activities in Kaneohe Bay shall be limited
 
17 to the number [and locations], by permit type and vessel and
 
18 passenger capacity, provided in the Kaneohe Bay master plan
 
19 developed pursuant to Act 208, Session Laws of Hawaii 1990, [and
 
20 amended by section 200D-3;] until applicable rules are adopted by 
 

 
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                                     S.B. NO.           1509
                                                        
                                                        

 
 1 the department; provided that the passenger capacity for
 
 2 snorkeling tours and glassbottom boat tours shall be set through
 
 3 rules adopted pursuant to chapter 91.  No thrill craft permit may
 
 4 be transferred after June 21, 1998; provided that transfers of
 
 5 permits may be made at any time between family members.
 
 6      (d)  On Sundays and federal holidays, all commercial ocean
 
 7 use activities shall be prohibited.
 
 8      (e)  All rules adopted by the department with regard to
 
 9 Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
 
10 regional council and shall be [in accordance with, and implement
 
11 the recommendations in,] based upon the recommendations in the
 
12 Kaneohe Bay master plan developed pursuant to Act 208, Session
 
13 Laws of Hawaii 1990, and amended [by] purusant to  section 200D-
 
14 3[.], in a manner and to the extent that public safety, public
 
15 health, resource protection, public access for recreation, other
 
16 matters of public welfare, and efficient permit administration
 
17 are assured."
 
18      SECTION 2.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 3.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:  _______________________