HOUSE OF REPRESENTATIVES

H.B. NO.

188

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to honokohau small boat harbor.

 

 

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

 


PART I

SECTION 1. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"200-   Honokohau small boat harbor; transfer of duties. (a) The board may transfer its duties under sections 200-2 and 200-3 to operate, administer, manage, and maintain Honokohau small boat harbor to a county in which the harbor is located.

(b) A county that assumes duties pursuant to this section shall comply with this chapter and all other applicable laws.

(c) The board shall adopt rules, pursuant to chapter 91, necessary for the purposes of this section."

PART II

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"46- Small boat harbors; operation; administration; management; maintenance. (a) In addition to other powers provided under this chapter, and notwithstanding any other law to the contrary, a county may operate, administer, maintain, and manage a small boat harbor, as provided in subsection (b), and may assume duties with respect to the small boat harbor under sections 200-2 and 200-3 that are transferred to the county from the board of land and natural resources as provided by statute.

(b) A county may operate, administer, maintain, and manage a small boat harbor for the purposes of:

(1) Recreational boating activities;

(2) Landing of fish; and

(3) Commercial vessel activities.

To implement these purposes, only vessels in good material and operating condition that are regularly navigated beyond the confines of the small boat harbor and that are used for recreational activities, the landing of fish, or commercial vessel activities shall be permitted to moor, anchor, or berth at a county small boat harbor or use any of its facilities.

(c) Nothing in this section shall be construed as authorizing the board of land and natural resources to transfer duties under sections 200-2 and 200-3 to a county absent specific legislative authorization and county approval.

(d) For purposes of this section:

"Commercial vessel activities" means the use of vessels for activities or services provided on a fee basis.

"Recreational boating activities" means the use of watercraft for sports, hobbies, or pleasure.

"Regularly navigated" means the movement of a vessel under its own power from its assigned mooring within a small boat harbor to beyond the confines of the small boat harbor and entrance channel at least once in a ninety-day period. Vessels moored in an offshore mooring area shall exit the confines of the designated mooring area under their own power at least once in a ninety-day period."

PART III

SECTION 3. 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 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the repair and maintenance expenses of Honokohau small boat harbor.

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

PART IV

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2017.


 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Honokohau Small Boat Harbor; Small Boat Harbors; Board of Land and Natural Resources; Counties; Appropriation

 

Description:

Authorizes the Board of Land and Natural Resources to transfer the operation, administration, management, and maintenance of Honokohau small boat harbor to a county in which the harbor is located. Authorizes a county to operate and maintain a small boat harbor. Appropriates funds for repairs and maintenance of Honokohau small boat harbor.

 

 

 

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