Report Title:

Boating

Description:

Clarifies the rule-making authority of the BLNR to designate areas of ocean waters and navigable streams for limited commercial use. Establishes permits and fees for the commercial use of these areas and broadens the basis for assessment of fees for commercial vessels.

THE SENATE

S.B. NO.

2800

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO BOATING.

 

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

SECTION 1. Section 200-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§200-4[]] Rules. (a) The chairperson may adopt rules necessary:

(1) To regulate the manner in which all vessels may enter the ocean waters and navigable streams of the State and moor, anchor, or dock at small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;

(2) To regulate the embarking and disembarking of passengers at small boat harbors, launching ramps, other boating facilities, and public beaches;

(3) For the safety of small boat harbors, launching ramps, and other boating facilities, the vessels anchored or moored therein;

(4) For the conduct of the public using small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;

(5) To regulate and control recreational and commercial use of small boat harbors, launching ramps, and other boating facilities owned or controlled by the State and the ocean waters and navigable streams of the State;

(6) To prevent the discharge or throwing into small boat harbors, launching ramps, other boating facilities, ocean waters, and navigable streams, of rubbish, refuse, garbage, or other substances likely to affect the quality of the water or that contribute to making the small boat harbors, launching ramps, other boating facilities, ocean waters, and streams unsightly, unhealthful, or unclean, or that are liable to fill up, shoal, or shallow the waters in, near, or affecting small boat harbors, launching ramps, and other boating facilities and the ocean waters and navigable streams of the State, and likewise to prevent the escape of fuel or other oils or substances into the waters in, near, or affecting small boat harbors, launching ramps, or other boating facilities and the ocean waters and navigable streams of the State from any source point, including, but not limited to, any vessel or from pipes or storage tanks upon land. The rules may include:

(A) Requirements for permits and fees for:

(i) The mooring, docking, or anchoring of recreational and commercial vessels or the launching of recreational or commercial vessels at small boat harbors, launching ramps, and other boating facilities; or

(ii) Other uses of these facilities;

(B) Requirements for permits and fees for use of a vessel as a principal place of habitation while moored at a state small boat harbor;

(C) Requirements governing:

(i) The transfer of any state commercial, mooring, launching, or any other type of use or other permit, directly or indirectly, including, but not limited to, the imposition or assessment of a business transfer fee upon transfer of ownership of vessels operating commercially from, within or in any way related to the state small boat harbors; and

(ii) The use of state small boat harbors, launching ramps, or other boating facilities belonging to or controlled by the State, including, but not limited to, the establishment of minimum amounts of annual gross receipts required to renew a commercial use permit, and conditions under which a state commercial, mooring, launching, or any other type of use or other permit may be terminated, canceled, or forfeited; and

(D) Any other rule necessary to implement this chapter pertaining to small boat harbors, launching ramps, and other boating facilities belonging to or controlled by the State;

(7) To continue the ocean recreational and coastal areas programs and govern the ocean waters and navigable streams of the State, and beaches encumbered with easements in favor of the public to protect and foster public peace and tranquility and to promote public safety, health, and welfare in or on the ocean waters and navigable streams of the State, and on beaches encumbered with easements in favor of the public. The rules may include:

(A) Regulating the anchoring and mooring of vessels, houseboats, and other contrivances outside of any harbor or boating facility, including:

(i) The designation of offshore mooring areas;

(ii) The licensing and registration of vessels, houseboats, and other contrivances; and the issuance of permits for offshore anchoring and mooring of vessels, houseboats, and other contrivances; and

(iii) The living aboard on such vessels, houseboats, or other contrivances while they are anchored or moored within ocean waters or navigable streams of the State.

The rules shall provide for consideration of environmental impacts on the State's aquatic resources in the issuance of any permits for offshore mooring;

(B) Safety measures, requirements, and practices in or on the ocean waters and navigable streams of the State;

(C) The licensing and registration of persons or organizations engaged in commercial activities in or on the ocean waters and navigable streams of the State;

(D) The licensing and registration of equipment utilized for commercial activities in or on the ocean waters and navigable streams of the State;

(E) Requirements for permits and fees for:

(i) Areas within the ocean waters and navigable streams that are designated for limited commercial use to promote navigational safety, minimize adverse impacts to the marine ecosystem, protect cultural uses, or preserve the pristine nature of the area; or

(ii) Other regulated uses of the ocean waters and navigable streams;

[(E)] (F) For beaches encumbered with easements in favor of the public, the prohibition or denial of the following uses and activities:

(i) Commercial activities;

(ii) The storage, parking, and display of any personal property;

(iii) The placement of structures or obstructions;

(iv) The beaching, landing, mooring, or anchoring of any vessels; and

(v) Other uses or activities that may interfere with the public use and enjoyment of these beaches; and

[(F)] (G) Any other matter relating to the safety, health, and welfare of the general public; and

(8) To regulate the examination, guidance, and control of harbor agents and their assistants.

(b) All rules shall be adopted in accordance with chapter 91 and shall have the force and effect of law."

SECTION 2. Section 200-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§200-8[]] Boating program; payment of costs. The cost of administering a comprehensive statewide boating program, including, but not limited to, the cost of:

(1) Operating, maintaining, and managing all boating facilities under the control of the department;

(2) Improving boating safety;

(3) Operating a vessel registration and boating casualty investigation and reporting system; [and]

(4) Resolving user conflicts and promoting public safety, health, and welfare in or on the ocean waters and navigable streams of the State; and

[(4)] (5) Other boating program activities,

shall be paid from the boating special fund. The amortization (principal and interest) of the costs of capital improvements for boating facilities appropriated after July 1, 1975, including, but not limited to, berths, slips, ramps, related accommodations, general navigation channels, breakwaters, aids to navigation, and other harbor structures, may be paid from the boating special fund or from general revenues as the legislature may authorize in each situation. Revenues provided in this chapter for the boating special fund shall be at least sufficient to pay the special fund costs established in this section."

SECTION 3. Section 200-10, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The permittee shall pay moorage fees to the department for the use permit which shall be based on, but not limited to, the use of the vessel, its effect on the harbor, use of facilities, and the cost of administering this mooring program; and, furthermore:

(1) Moorage fees shall be established by the department and shall be higher for nonresidents;

(2) An application fee shall be collected when applying for moorage in state small boat harbors and shall thereafter be collected annually when the application is renewed. The application fee shall be:

(A) Set by the department; and

(B) Not less than $100 for nonresidents;

(3) If a recreational vessel is used as a place of principal habitation, the permittee shall pay, in addition to the moorage fee, a liveaboard fee, which shall be:

(A) $5.20 a foot of vessel length a month if the permittee is a state resident; and

(B) $7.80 a foot of vessel length a month if the permittee is a nonresident;

provided that the liveaboard fees established by this subsection may be increased by the department at the rate of the annual cost-of-living index, but not more than five per cent in any one year, beginning January 1 of each year; and

(4) If a vessel is used for commercial purposes from its permitted mooring, the permittee shall pay, in lieu of the moorage and liveaboard fee, a fee [based on a percentage of the gross revenues derived from the use of the vessel] which shall be not less than two times the moorage fee assessed for a recreational vessel of the same size."

SECTION 4. Section 200-34, Hawaii Revised Statutes, is amended to read as follows:

"[[]§200-34[]] Disposition of revenues. All fees and penalties collected pursuant to section 200-32, and all fees and penalties established by rules adopted pursuant to sections

200-4 and 200-24, shall be deposited in the boating special fund."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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