REPORT TITLE:
Kaneohe Bay


DESCRIPTION:
Gives DLNR more flexibility in implementing Kaneohe Bay Master
Plan recommendations to achieve navigation safety, promote
resource protection, and meet changing need and conditions;
limits replacement commercial vessels to length of 100 feet.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2913
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
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
 

 
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 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[.]; and provided further
 
 5 that no replacement commercial vessel shall exceed an overall
 
 6 length of one hundred feet.  No thrill craft permit may be
 
 7 transferred after June 21, 1998; provided that transfers of
 
 8 permits may be made at any time between family members.
 
 9      (d)  On Sundays and federal holidays, all commercial ocean
 
10 use activities shall be prohibited.
 
11      [(e)  All rules adopted by the department with regard to
 
12 Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
 
13 regional council and shall be in accordance with, and implement
 
14 the recommendations in, the Kaneohe Bay master plan developed
 
15 pursuant to Act 208, Session Laws of Hawaii 1990, and amended by
 
16 section 200D-3.]"
 
17      SECTION 2.  Act 129, Session Laws of Hawaii 1998, is amended
 
18 by amending section 6 to read as follows:
 
19      "SECTION 6.  Notwithstanding any law to the contrary, the
 
20 department of land and natural resources shall not implement any
 
21 provision relating to the locations of the commercial operation
 
22 of ocean use activities in Kaneohe Bay recommended in the Kaneohe
 
23 Bay master plan developed pursuant to Act 208, Session Laws of
 

 
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 1 Hawaii 1990, [and amended by section 200D-3, Hawaii Revised
 
 2 Statutes,] until the department adopts rules relating to these
 
 3 activities pursuant to chapter 91, Hawaii Revised Statutes[, and
 
 4 in accordance with section 200-39(e), Hawaii Revised Statutes]."
 
 5      SECTION 3.  Chapter 200D, Hawaii Revised Statutes, is
 
 6 repealed.
 
 7      SECTION 4.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 5.  This Act shall take effect upon its approval;
 
10 provided that section 3 of this Act shall take effect upon the
 
11 effective date of rules adopted pursuant to chapter 91 by the
 
12 department of land and natural resources relating to ocean use
 
13 activities within Kaneohe Bay based on recommendations in the
 
14 Kaneohe Bay master plan.