S.B. NO.



S.D. 2
















SECTION 1. The legislature finds that increased recreational and commercial activities in Hawaii's nearshore waters have led to safety concerns and, in some cases, tragic results. According to the department of land and natural resources, there were at least four accidents involving swimmers and divers being struck by boats in 2011. In December 2011, a man died after being struck by a boat in waters off of Hanakoo beach park on the island of Maui.

Many nearshore areas statewide are popular attractions for multiple ocean activities. The legislature finds that one such area is Kamaole beach on the island of Maui. The amount of growth on Maui has resulted in an overabundance of ocean and beach visitors, and the legislature finds that there is a compelling need to provide safe and suitable areas for residents and visitors to enjoy the water.

The legislature finds that adopting and enforcing stricter rules and regulations that protect ocean users and installing safety features such as swim zone buoys to clearly delineate areas reserved for differing uses will ensure greater ocean safety in highly populated areas of the State.

The purpose of this Act is to improve ocean safety by:

(1) Requiring the department of land and natural resources to adopt rules imposing stricter regulations for the safety of ocean users; and

(2) Appropriating funds for swim zone buoys at Kamaole beach.

SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"200‑    Safety of ocean users; rules. The department shall adopt rules to promote greater safety of ocean users in the State's nearshore waters. The rules shall include but not be limited to the creation of safe zones for free divers and swimmers and stricter enforcement of boating regulations around swim zone buoys."

SECTION 3. The legislature finds that eight swim zone buoys are needed at the following coordinates to increase the safety of ocean users:

(1) Buoy 1: N 20 42.623, W 156 26.836;

(2) Buoy 2: N 20 42.736, W 156 26.863;

(3) Buoy 3: N 20 42.836, W 156 26.888;

(4) Buoy 4: N 20 42.984, W 156 26.912;

(5) Buoy 5: N 20 43.120, W 156 26.934;

(6) Buoy 6: N 20 43.237, W 156 26.962;

(7) Buoy 7: N 20 43.410, W 156 27.019; and

(8) Buoy 8: N 20 43.498, W 156 27.043.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 for the installation of eight swim zone buoys at Kamaole beach at the coordinates specified in section 3 of this Act for the purpose of increasing the safety of ocean users.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. The department shall report to the legislature on the status of rulemaking pursuant to section 2 of this Act and any other measures taken to promote the safety of ocean and beach users in the State's nearshore waters, no later than twenty days prior to the convening of the 2013 regular session.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2012.


Report Title:

Department of Land and Natural Resources; Ocean Safety; Swim Zone Buoys; Appropriation



Requires the department of land and natural resources to adopt rules that promote greater safety of ocean users in the State's nearshore waters. Appropriates funds for swim zone buoys at Kamaole beach. Requires a report to the legislature. (SD2)




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