§200-39  Kaneohe Bay ocean use activities;
permits; restrictions.  (a)  For the purposes of this section, "ocean
use activities" means commercial operation of thrill craft, high speed
boating, parasailing, water sledding, sailing and snorkeling tours, glassbottom
boat tours, or any other similar commercial ocean recreation activity for hire.



(b)  Any other provision of this chapter to the
contrary notwithstanding, no person shall operate thrill craft, parasailing,
water sledding, or commercial high speed boating unless the person meets the
requirements of section 200-37 and all rules adopted by the department that
regulate or restrict these activities.



(c)  Permits issued by the department for the
commercial operation of ocean use activities in Kaneohe Bay shall be limited to
the number and locations, by permit type and vessel and passenger capacity,
provided in the Kaneohe Bay master plan developed pursuant to Act 208, Session
Laws of Hawaii 1990, until applicable rules consistent with the master plan are
adopted by the department; provided that the passenger capacity for snorkeling
tours and glassbottom boat tours shall be set through rules adopted pursuant to
chapter 91.  No thrill craft permit may be transferred after June 21, 1998;
provided that transfers of permits may be made at any time between family
members.



(d)  On Sundays and federal holidays, all
commercial ocean use activities shall be prohibited.



(e)  All rules adopted by the department with
regard to Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
regional council.  For those provisions of the Kaneohe Bay master plan
previously adopted by the legislature, the rules adopted by the department
shall be in accordance with those provisions.  Notwithstanding subsection (c)
to the contrary, if the department determines for safety or environmental
protection reasons that a permitted use should be relocated, the department may
relocate the permitted use and the department shall have discretion to permit
vessel substitution with a similar length vessel; provided that the increase is
not greater than ten per cent of the current vessel length.



For those provisions of the Kaneohe Bay master
plan developed pursuant to Act 208, Session Laws of Hawaii 1990, not previously
adopted by the legislature, the master plan shall be used as the recommended
guideline in the adoption and implementation of rules with regard to the
regulation of all activities in Kaneohe Bay. [L 1993, c 317, §3(1); am L 1998,
c 4, §2 and c 129, §2; am L 2000, c 110, §1]



 



Note



 



  L 1998, c 129, §6 as
amended by L 2000, c 110, §2 provides:



  "SECTION 6. 
Notwithstanding any law to the contrary, the department of land and natural
resources shall not implement any provision relating to the locations of the
commercial operation of ocean use activities in Kaneohe Bay recommended in the
Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii
1990, until the department adopts rules relating to these activities pursuant
to chapter 91, Hawaii Revised Statutes, and in accordance with section
200-39(e), Hawaii Revised Statutes."