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

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

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

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

(e)  All rules adopted by the department withregard to Kaneohe Bay shall be drafted in consultation with the Kaneohe Bayregional council.  For those provisions of the Kaneohe Bay master planpreviously adopted by the legislature, the rules adopted by the departmentshall be in accordance with those provisions.  Notwithstanding subsection (c)to the contrary, if the department determines for safety or environmentalprotection reasons that a permitted use should be relocated, the department mayrelocate the permitted use and the department shall have discretion to permitvessel substitution with a similar length vessel; provided that the increase isnot greater than ten per cent of the current vessel length.

For those provisions of the Kaneohe Bay masterplan developed pursuant to Act 208, Session Laws of Hawaii 1990, not previouslyadopted by the legislature, the master plan shall be used as the recommendedguideline in the adoption and implementation of rules with regard to theregulation 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 asamended by L 2000, c 110, §2 provides:

  "SECTION 6. Notwithstanding any law to the contrary, the department of land and naturalresources shall not implement any provision relating to the locations of thecommercial operation of ocean use activities in Kaneohe Bay recommended in theKaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii1990, until the department adopts rules relating to these activities pursuantto chapter 91, Hawaii Revised Statutes, and in accordance with section200-39(e), Hawaii Revised Statutes."