REPORT TITLE:
Kaneohe Bay

DESCRIPTION:
Gives the Department of Land and Natural Resources administrative
flexibility when implementing the Kaneohe Bay Master Plan
recommendations. (HB1296 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1296
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
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 as follows:
 
 3      1.  By amending subsection (c) to read:
 
 4      "(c)  Permits issued by the department for the commercial
 
 5 operation of ocean use activities in Kaneohe Bay shall be limited
 
 6 to the number and locations, by permit type and vessel and
 
 7 passenger capacity, provided in the Kaneohe Bay master plan
 
 8 developed pursuant to Act 208, Session Laws of Hawaii 1990 [and
 
 9 amended by section 200D-3;], until applicable rules are adopted
 
10 by the department; provided that the passenger capacity for
 
11 snorkeling tours and glassbottom boat tours shall be set through
 
12 rules adopted pursuant to chapter 91.  No thrill craft permit may
 
13 be transferred after June 21, 1998; provided that transfers of
 
14 permits may be made at any time between family members."
 
15      2.  By amending subsection (e) to read:
 
16      "(e)  All rules adopted by the department with regard to
 
17 Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
 
18 regional council and shall be in [accordance with, and implement
 
19 the recommendations in,] a manner and to the extent that public
 
20 safety, public health, and resource preservation and protection
 

 
Page 2                                                     1296
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 efforts are assured and based upon the recommendations in the
 
 2 Kaneohe Bay master plan developed pursuant to Act 208, Session
 
 3 Laws of Hawaii 1990, and amended [by] pursuant to section 200D-
 
 4 3."
 
 5      SECTION 2.  Act 129, Session Laws of Hawaii 1998, is amended
 
 6 by amending section 5 to read as follows:
 
 7      "SECTION 5.  The Kaneohe Bay regional council, with the
 
 8 assistance of the department of business, economic development,
 
 9 and tourism and the department of land and natural resources,
 
10 shall submit [an amended] recommendations to amend the Kaneohe
 
11 Bay master plan to the legislature by December 1999.  
 
12      Notwithstanding section 200D-3, Hawaii Revised Statutes, to
 
13 the contrary, the department of land and natural resources shall
 
14 adopt rules to implement amendments to the Kaneohe Bay master
 
15 plan as recommended by the Kaneohe Bay regional council; provided
 
16 that no rules shall be adopted before December 31, 1999."
 
17      SECTION 3.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 4.  This Act shall take effect upon its approval.