REPORT TITLE:
Kaneohe Bay


DESCRIPTION:
Gives the department of land and natural resource more
flexibility in implementing Kaneohe Bay Master Plan
recommendations to achieve navigation safety, promote resource
protection, and meet changing needs and conditions.  (HB2572 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2572
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
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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 consistent
 
10 with the master plan are adopted by the department; provided that
 
11 the passenger capacity for snorkeling tours and glassbottom boat
 
12 tours shall be set through rules adopted pursuant to chapter 91.
 
13 No thrill craft permit may be transferred after June 21, 1998;
 
14 provided that transfers of permits may be made at any time
 
15 between family members."
 
16      2.  By amending subsection (e) to read:
 
17      "(e)  All rules adopted by the department with regard to
 
18 Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay
 
19 regional council [and shall be in accordance with, and implement
 

 
Page 2                                                     2572
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 1 the recommendations in, the Kaneohe Bay master plan].  For those
 
 2 provisions of the Kaneohe Bay master plan previously adopted by
 
 3 the legislature, the rules adopted by the department shall be in
 
 4 accordance with those provisions.  Notwithstanding subsection (c)
 
 5 to the contrary, if the department determines for safety or
 
 6 environmental protection reasons that a permitted use should be
 
 7 relocated, the department may relocate the permitted use and the
 
 8 department shall have discretion to permit vessel substitution
 
 9 with a similar length vessel; provided that the increase is not
 
10 greater than ten per cent of the current vessel length.
 
11      For those provisions of the Kaneohe Bay master plan
 
12 developed pursuant to Act 208, Session Laws of Hawaii 1990, [and
 
13 amended by section 200D-3.] not previously adopted by the
 
14 legislature, the master plan shall be used as the recommended
 
15 guideline in the adoption and implementation of rules with regard
 
16 to the regulation of all activities in Kaneohe Bay." 
 
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
 

 
Page 3                                                     2572
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 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.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect upon its approval.