THE SENATE

S.C.R. NO.

139

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

strongly urging the department of land and natural resources to recognize THAT efoil vessels constitute thrill craft and to update the department's website and enforce thrill craft laws and rules accordingly.

 

 

 


     WHEREAS, the Marine Mammal Protection Act of 1972 (MMPA) prohibits the harassment of marine mammals; and

 

     WHEREAS, the MMPA defines harassment as any act that "has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering"; and

 

     WHEREAS, under Hawaii law, "thrill craft" are any motorized vessels that are less than thirteen feet in length and can exceed twenty miles per hour; and

 

     WHEREAS, according to all major eFoil vessel manufacturers, these vessels include an electric motor and can reach up to twenty-five miles per hour; and

 

     WHEREAS, eFoil vessels therefore fall under the definition of "thrill craft" and should be regulated as such by the Department of Land and Natural Resources; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the Department of Land and Natural Resources is strongly urged to recognize that eFoil vessels constitute thrill craft and update the Department's website and enforce thrill craft laws and rules accordingly; and

     BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is strongly urged to apply and enforce existing state statutes and administrative rules for thrill craft related to the maximum speed for eFoil vessels when in close proximity to:

 

     (1)  Swimmers and beachgoers;

 

     (2)  Marine life; and

 

     (3)  Traditional surfers and traditional surf line-ups; and

 

     BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is strongly urged to develop administrative rules regarding how close, regardless of speed, eFoil vessels may come to:

 

     (1)  Swimmers and beachgoers;

 

     (2)  Marine life; and

 

     (3)  Traditional surfers and traditional surf line-ups; and

 

     BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is strongly urged to collaborate with the National Oceanic and Atmospheric Administration to enforce the MMPA as it relates to the impact of eFoil vessels on marine life; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Administrator of the National Oceanic and Atmospheric Administration and Chairperson of the Board of Land and Natural Resources.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

eFoil Vessels; Thrill Craft; DLNR