HOUSE OF REPRESENTATIVES

H.B. NO.

2617

TWENTY-NINTH LEGISLATURE, 2018

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO OCEAN WATERS.

 

 

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

 


     SECTION 1.  The legislature finds that the ocean is Hawaii's greatest natural resource, providing economic, recreational, cultural, and spiritual benefits to residents and visitors alike.  Residents and visitors enjoy a wide variety of ocean-related recreational activities, many of which are subject to regulation and oversight through statutes and administrative rules.

     Over the past several years, there has been a rise in popularity of floatilla events in Hawaii's nearshore waters.  A floatilla involves participants who gather in Hawaii's ocean waters on floaties, kayaks, surfboards, paddleboards, boats, and other aquatic devices and water craft to socialize and often consume alcohol in excess while out of the direct view of law enforcement or licensees responsible for maintaining compliance with laws related to underage consumption.  The popularity of these events has raised concerns about public safety and the protection of Hawaii's nearshore ocean environment.  These concerns were highlighted on July 4, 2017, when an estimated ten thousand people took part in a floatilla event in the nearshore waters off of Waikiki.  During this event, ocean safety personnel rescued hundreds of individuals and emergency medical services personnel treated numerous individuals.  Ten participants, including a participant who was in critical condition, were transported to area hospitals.  Many of these individuals were treated or transported for alcohol-related issues and many were underage.  In addition, hundreds of bottles and cans and huge amounts of other rubbish were either left in the ocean waters or left along the coastline causing environmental concerns.

     The legislature further finds that, while the consumption of alcohol along the shoreline is regulated, consumption of alcohol while in the nearshore waters of the State is not and action should be taken to regulate this activity.

     The purpose of this Act is to prohibit the consumption of liquor for bathers in the ocean within one thousand yards of any beach or shoreline.

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

     "§200-    Consumption of liquor prohibited for bathers.  (a)  It shall be unlawful for any bather at any time to consume liquor in the waters of the State within one thousand yards of any beach or shoreline.

     (b)  The department may authorize exceptions to subsection (a); provided that exceptions may only be made for commercial operations or properly permitted events.

     (c)  In addition to any other penalties provided under chapter 281, any person who violates this section shall be subject to a fine of $        .

     (d)  The department may adopt rules pursuant to chapter 91 to effectuate this section.

     (e)  For the purposes of this section:

     "Bather" means any person floating, swimming, wading, or bodysurfing, with or without the use of a flotation device.

     "Flotation device" means a device that a person floats upon or with the aid of, including a surfboard, paddleboard, surfmat, innertube, personal flotation device, or air mattress; provided that the device shall not include any device designed to be propelled by sail, mechanical means, power, oars, or paddle.

     "Liquor" means the same as defined in section 281-1."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.



 

Report Title:

Ocean Waters; Liquor Consumption; Prohibition

 

Description:

Prohibits liquor consumption by bathers within one thousand yards of any beach or shoreline in the State.  (HB2617 HD2)

 

 

 

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