SB 1457: RELATING TO OCEAN USER SAFETY.

A BILL FOR AN ACT

RELATING TO OCEAN USER SAFETY.

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

     SECTION 1.  The Legislature finds that one of the responsibilities of the department of land and natural resources, division of boating and ocean recreation is to oversee ocean recreation management in ocean waters of the state.

     To ensure public safety and the effective management of marine natural resources, the division of boating and ocean recreation needs the flexibility to quickly and efficiently implement adaptive management measures that can address rapidly changing ocean technologies.  In recognizing the benefit of adaptive management to address conservation and natural resource issues, the legislature has already enacted adaptive management authority to the department of land and natural resources divisions of aquatic resources, forestry and wildlife, and state parks.

     The purpose of this Act is to authorize the board of land and natural resources to adopt, amend, and repeal interim rules relating to commercial and recreational use of water sports equipment.

     SECTION 2.  Section 200-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Water sports equipment" means any equipment, contrivance, frame, or other device that one or more persons may wear, or lie, sit, or stand upon or in, that is primarily for use in or on the water for pleasure, recreation, or sports, and that shall not be used primarily for transportation."

     SECTION 3.  Section 200-4.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§200-4.5[]]  Safety of ocean users; rules.  (a)  The [department] board shall have the authority and responsibility to adopt rules, consistent with this chapter, to promote greater safety of ocean users in [the State's nearshore] waters[.] of the State.  The rules shall include but not be limited to the creation of safe zones for free divers and swimmers [and], stricter enforcement of boating regulations around swim zone buoys[.], and the commercial and recreational use of water sports equipment.  All rules shall be adopted in accordance with chapter 91; provided that the board shall have the power to issue interim rules, which shall be exempt from chapter 91 and chapter 201M.  Any interim rule adopted pursuant to this section shall be effective for no more than twenty-four months after the date of the adoption.

     (b)  Any person who violates this section, or any rules of the department implemented pursuant to this section, shall be subject to penalties in accordance with sections 200-14 or 200-14.5, or both."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

BLNR; Water Sports Equipment; Interim Rules

Description:

Authorizes the Board of Land and Natural Resources to issue interim rules regarding commercial and recreational use of water sports equipment.

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