REPORT TITLE:
Kaneohe Bay; Ocean Use; DLNR


DESCRIPTION:
Limits the number of permits issued by the DLNR for the
commercial operation of ocean use activities in Kaneohe Bay to
the number recommended by the Kaneohe Bay (master plan) task
force, without regard to location.  Limits the lengths of
replacement vessels used in Kaneohe Bay to 100 feet.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1603
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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
 

 
Page 2                                                     
                                     S.B. NO.           1603
                                                        
                                                        

 
 1 amended by section 200D-3; provided that passenger capacity for
 
 2 snorkeling tours and glassbottom boat tours shall be set through
 
 3 rules adopted pursuant to chapter 91].  Vessel and passenger
 
 4 capacity shall be determined by an environmental and ecological
 
 5 assessment for each operation.  The capacities for each operation
 
 6 shall be based on the percentage of each operator's passenger
 
 7 capacity in relation to the total combined capacity prior to the
 
 8 moratorium established by Act 208, Session Laws of Hawaii 1990.
 
 9 No thrill craft permit may be transferred after June 21, 1998;
 
10 provided that transfers of permits may be made at any time
 
11 between family members.  The department may adopt rules for
 
12 Kaneohe Bay to the extent that public safety, public health,
 
13 resource protection, public access for recreation, and other
 
14 matters of public welfare; and the economic viability of
 
15 commercial operators, are not jeopardized.
 
16      (d)  On Sundays and federal holidays, all commercial ocean
 
17 use activities shall be prohibited.
 
18      (e)  Notwithstanding any other law to the contrary, the
 
19 lengths of replacement vessels used in Kaneohe Bay shall not
 
20 exceed one hundred feet in length; provided that replacement
 
21 vessels for permittees issued a regular mooring permit for Heeia
 
22 Kea small boat harbor shall be within the size category for the
 
23 assigned berth in accordance with rules adopted by the
 

 
Page 3                                                     
                                     S.B. NO.           1603
                                                        
                                                        

 
 1 department.  Maximum certified passenger capacity shall be in
 
 2 accordance with the United States Coast Guard certificate of
 
 3 inspection for that size of vessel.
 
 4      (f)  Notwithstanding any other law to the contrary, a
 
 5 glassbottom boat may mix not-for-profit tours and passengers with
 
 6 commercial customers on the vessel at the same time.  Stopping
 
 7 and transferring passengers to other vessels, or disembarking
 
 8 passengers at locations other than the point of origin is allowed
 
 9 if established passenger capacities are not exceeded.
 
10      [(e)] (g)  All rules adopted by the department with regard
 
11 to Kaneohe Bay shall be drafted [in consultation with the Kaneohe
 
12 Bay regional council and shall be in accordance with, and
 
13 implement the recommendations in,] based upon the recommendations
 
14 of the Kaneohe Bay master plan developed pursuant to Act 208,
 
15 Session Laws of Hawaii 1990, and amended [by] pursuant to section
 
16 200D-3[.] to the extent that public safety, public health,
 
17 resource protection, public access for recreation, and other
 
18 matters of public welfare; efficient permit administration; and
 
19 the economic viability of commercial operators, are assured."
 
20      SECTION 2.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 3.  This Act shall take effect upon its approval.
 
23 
 
24                           INTRODUCED BY:_________________________