HB1138 • 2026

RELATING TO OCEAN USER SAFETY.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: NAKAMURA (Introduced by request of another party)
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The official source does not provide specific details on enforcement mechanisms or oversight bodies.

Rules for Ocean Safety with Water Sports Equipment

This bill allows the Board of Land and Natural Resources to create temporary rules for up to one year regarding commercial and recreational use of water sports equipment in Hawaii's oceans.

What This Bill Does

Gives the Board of Land and Natural Resources permission to make interim rules for up to two years about how commercial and recreational water sports equipment should be used safely.

Who It Names or Affects

People who use water sports equipment commercially and recreationally
The Board of Land and Natural Resources

Terms To Know

Water Sports Equipment: Any device used on or in the water for fun, recreation, or sports that is not meant for transportation.
Interim Rules: Temporary rules made by the Board of Land and Natural Resources to address safety issues with a maximum duration of two years.

Limits and Unknowns

The bill does not specify what types of water sports equipment are covered.
It is unclear how these interim rules will be enforced or who will oversee their implementation.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment allows the Board of Land and Natural Resources to create emergency rules that can last up to one year to manage water sports equipment used for recreation.

Adds a new provision allowing the Board of Land and Natural Resources to adopt, amend, or repeal emergency rules about commercial and recreational use of water sports equipment for up to 365 days without renewal.

The amendment text does not specify what types of water sports equipment are covered beyond a general definition.
It is unclear how the Board will determine when an emergency rule is necessary and appropriate.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-02-27 H
The committee(s) on JHA recommend(s) that the measure be deferred.
2025-02-25 H
Bill scheduled to be heard by JHA on Thursday, 02-27-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2025-02-13 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Kitagawa, Ward excused (3).
2025-02-13 H
Reported from WAL (Stand. Com. Rep. No. 601) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2025-02-11 H
The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Hashem, Lamosao, Belatti, Ichiyama, Morikawa, Poepoe, Souza; Ayes with reservations: Representative(s) Iwamoto, Shimizu; 0 Noes: none; and 1 Excused: Representative(s) Woodson.
2025-02-07 H
Bill scheduled for decision making on Tuesday, 02-11-25 10:00AM in conference room 411 VIA VIDEOCONFERENCE.
2025-02-04 H
The committee(s) on WAL recommend(s) that the measure be deferred.
2025-01-30 H
Bill scheduled to be heard by WAL on Tuesday, 02-04-25 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
2025-01-23 H
Referred to WAL, JHA, referral sheet 3
2025-01-23 H
Introduced and Pass First Reading.
2025-01-21 H
Pending introduction.

Official Summary Text

RELATING TO OCEAN USER SAFETY.
BLNR; Water Sports Equipment; Emergency Rules
Authorizes the Board of Land and Natural Resources to issue emergency rules which may be in effect for up to 365 days for the regulation of commercial and recreational use of water sports equipment to promote ocean user safety. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB1138

HOUSE OF REPRESENTATIVES

H.B. NO.

1138

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

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.

INTRODUCED BY:

_____________________________

BY REQUEST

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.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.