REPORT TITLE:
Kaneohe Bay


DESCRIPTION:
Gives the Department more flexibility in implementing Kaneohe Bay
Master Plan recommendations to achieve navigation safety, promote
resource protection, and meet changing needs and conditions.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2572
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   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                                                     2572
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                                                        S.D. 1
                                                        

 
 1 amended by section 200D-3;], until applicable rules are adopted
 
 2 by the department; provided that the passenger capacity for
 
 3 snorkeling tours and glassbottom boat tours shall be set through
 
 4 rules adopted pursuant to chapter 91.  No thrill craft permit may
 
 5 be transferred after June 21, 1998; provided that transfers of
 
 6 permits may be made at any time between family members.
 
 7      (d)  On Sundays and federal holidays, all commercial ocean
 
 8 use activities shall be prohibited.
 
 9      (e)  All rules adopted by the department with regard to
 
10 Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
 
11 regional council [and shall be in accordance with, and implement
 
12 the recommendations in,].  With regard to those provisions of the
 
13 Kaneohe Bay master plan previously adopted by the legislature,
 
14 the rules adopted by the department shall be in accordance with
 
15 those provisions.  With regard to those provisions of the Kaneohe
 
16 Bay master plan not previously adopted by the legislature, the
 
17 department in adopting rules pursuant to chapter 91 may consider
 
18 the criteria and general management principles in sections 4.9
 
19 and 4.10 of the Kaneohe Bay master plan developed pursuant to Act
 
20 208, Session Laws of Hawaii 1990, and amended by section 200D-3."
 
21      SECTION 2.  Act 129, Session Laws of Hawaii 1998, is amended
 
22 by amending section 6 to read as follows:
 
23      "SECTION 6.  Notwithstanding any law to the contrary, the
 

 
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                                                        S.D. 1
                                                        

 
 1 department of land and natural resources shall not implement any
 
 2 provision relating to the locations of the commercial operation
 
 3 of ocean use activities in Kaneohe Bay recommended in the Kaneohe
 
 4 Bay master plan developed pursuant to Act 208, Session Laws of
 
 5 Hawaii 1990, [and amended by section 200D-3, Hawaii Revised
 
 6 Statutes,] until the department adopts rules relating to these
 
 7 activities pursuant to chapter 91, Hawaii Revised Statutes[, and
 
 8 in accordance with section 200-39(e), Hawaii Revised Statutes]."
 
 9      SECTION 3.  Chapter 200D, Hawaii Revised Statutes, is
 
10 repealed.
 
11      SECTION 4.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 5.  This Act shall take effect upon its approval;
 
14 provided that section 3 of this Act shall take effect upon the
 
15 adoption of rules, pursuant to chapter 91, by the department of
 
16 land and natural resources relating to ocean use activities
 
17 within Kaneohe Bay based on recommendations in the Kaneohe Bay
 
18 master plan.