RELATING TO OCEAN RECREATION MANAGEMENT.

HB512

HOUSE OF REPRESENTATIVES

H.B. NO.

512

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to ocean recreation management
.

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

����
SECTION
1.
�
The legislature finds that the
department of land and natural resources division of boating and ocean
recreation is responsible for ocean recreation management in state ocean
waters.
�
Under the existing ocean recreation
management areas system, the division has the authority to designate areas
around each island as an ocean recreation management area, which then allows
the division to further designate zones and subzones within each area in which
specific ocean recreation activities may occur to increase user safety and
reduce user conflicts.
�
However, the
current ocean recreation management areas system is a patchwork of designated
and non-designated areas around each island, which prevents user safety
measures around some portions of each island.

����
The purpose of this Act is to provide
better management tools to the division of boating and ocean recreation by:

����
(1)
�
Creating a uniform designation of ocean
recreation management areas; and

����
(2)
�
Prohibiting commercial activity in ocean
recreation management areas, except by a commercial use permit.

����
SECTION
2
.
�
Section 200-38,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�200-38
�
Ocean recreation
management areas.

�
(a)
�
All waters of the State within three thousand
feet seaward of the base line of the territorial sea are designated as ocean
recreation management areas.
�
Within each
ocean recreation management area, the department may designate zones where
specific recreational and commercial ocean activities may occur.

����
(b)
�

Unless otherwise provided by this chapter or rules adopted by the
department, no commercial activity, except for commercial activity originating
from a commercial harbor under the jurisdiction of the department of
transportation, may be conducted in an ocean recreation management area without
a commercial use permit from the department.

����
(c)
�

Any person who holds a valid commercial use permit as of July 1, 2025,
may continue to renew the commercial use permit; provided that the department
may terminate a commercial use permit for cause or may deny renewal or
reissuance if the commercial use permit:

����
(1)
�
Has been
terminated or denied renewal for cause; or

����
(2)
�
Is not renewed
before its expiration date, including any applicable extensions of the
expiration date.

[
(a)
]

(d)
�
Notwithstanding any other law
to the contrary, no commercial operator shall operate a thrill craft, engage in
parasailing, water sledding, or commercial high speed boating, operate a
motorized vessel towing a person engaged in parasailing, or operate a motor
vessel towing a person engaged in water sledding during all weekends and state
and federal holidays on Oahu in Maunalua Bay from Kawaihoa (Portlock) Point to
Wailupe Peninsula and commercial zones a, b, and c.

����
[
(b)
]
(e)
�
Notwithstanding any other law to the
contrary, all commercial ocean recreation activities shall be prohibited on all
Sundays on Oahu in Maunalua Bay.

����
[
(c)
]
(f)
�
Notwithstanding any other law to the
contrary, no person shall operate a thrill craft, engage in parasailing,
operate a motorized vessel towing a person engaged in parasailing, engage in
commercial water sledding or commercial high speed boating, or operate a
commercial motor vessel towing a person engaged in water sledding between
December 15 and May 15 of each year in the waters of west and south Maui from
Pu`u Ola`i to Hawea Point.

����
[
(d)
]
(g)
�
The department may adopt rules pursuant to
chapter 91 to further implement this section."

����
SECTION 3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 4.
�
This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

DLNR;
Ocean Recreation Management Areas; Commercial Activity; Commercial Use Permits

Description:

Establishes
a standard of state waters within three thousand feet seaward of the base line
of the territorial sea as ocean recreation management areas.
�
Prohibits commercial activity in ocean
recreation management areas, except by a commercial use permit.

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