State Boating Division Holds Public Hearings On Administrative Rules For Commercial Operations

Posted on Oct 7, 2013 in Announcements, Boat Harbors

DEPARTMENT OF LAND AND NATURAL RESOURCES
News Release

NEIL ABERCROMBIE
GOVERNOR
WILLIAM J. AILA JR,
CHAIRPERSON

For Immediate News Release October 7, 2013

STATE BOATING DIVISION HOLDS PUBLIC HEARINGS
ON ADMINISTRATIVE RULES FOR COMMERCIAL OPERATIONS

HONOLULU — The Department of Land and Natural Resources (DLNR) Division of Boating and Ocean Recreation (DOBOR) will hold public hearings statewide to seek public comment on a set of rule amendments designed to bring parity to all Catamaran Registration Certificate holders and update and streamline commercial “use permit” fees, conditions and requirements for commercial operations in all state waters.

“There has been a significant increase in the volume and types of recreational and commercial activities taking place in state waters since these boating rules were written and last revised nearly 20 years ago,” said William J. Aila, Jr., DLNR chairperson.

“It’s time to update our rules so they are fair and equally applied to commercial operators operating everywhere in state waters. Since the use of our waters is changing, these rules allow us greater flexibility to adapt to those changes,” Aila said.
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BOX:
Meetings are scheduled as follows:

On Hawaii Island:
Oct. 16, 2013, 5 to 7 p.m.
Kealakehe High School Cafeteria
74-5000 Puohulihuli St., Kailua-Kona

Oct. 17, 2013, 5 to 7 p.m.
State Office Building, first floor meeting room
75 Aupuni St., Hilo

On Kauai:
Oct. 16, 2013, from 6 to 8 p.m.
Chiefess Kamakahelei Middle School cafeteria
4431 Nuhou St., Lihue

On Maui:
Oct. 17, 2013, from 6 to 8 p.m.
Maui Waena Intermediate School cafeteria
795 Onehee Ave., Kahului

On Oahu:
Oct. 17, 2013, from 5:30 to 7:30 p.m.
Aiea Elementary School cafeteria
99-370 Moanalua Rd., Aiea
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At its meeting on May 24, 2013, the Board of Land and Natural Resources (BLNR) approved the Boating Division’s request to initiate rule making proceedings to amend and/or compile the following administrative rules:

Chapter 13-231, Operation of Boats, Small Boat Harbors, and Permits;
Chapter 13-251, Waikiki and Kaanapali Ocean Waters;
Chapter 13-253, Registration and Permit Fees;
Section 13-256-3, Commercial Operator Permit Requirements; and
Section 13-256-4, Commercial Vessel and Water Sports Equipment Registration Requirements;

in order to update, revise, and reorganize rules relating to commercial activities in state navigable waters and at boat harbors and facilities under the department’s jurisdiction.

The amendment and compilation of Chapter 13-251, HAR:

  • redefines Waikiki and Kaanapali ocean waters to include commercial activities on all state ocean waters, navigable streams, and beaches;
  • requires that no person shall engage in any business or commercial activity on the navigable waters of the state without prior written approval from the BLNR or its authorized representative and the proper execution of an agreement with the department;
  • defines insurance requirements for commercial activities and conditions of reissuance of catamaran registration certificates and commercial use permits;
  • repeals operator permits issued to catamaran captains, canoe captains, surfboard instructors, sail board instructors and commercial motorboat operators;
  • equates commercial use permits with catamaran registration certificates; and
  • redefines areas delineated by azimuth into global positioning system (GPS) coordinates and updates maps; corrects Hawaiian spelling and other non-substantive changes.

The amendment and compilation of Chapter 13-253, HAR:

  • increases surfboard rentals from 10 cents to one dollar;
  • increases catamaran registration certificate fees to be the same as commercial use permit fees (the greater of $200 or 3 percent of gross receipts per month);
  • clarifies that a permittee who is paying 3 percent of gross receipts per month under the harbor commercial use permit shall not be required to pay an additional 3 percent of gross receipts per month under the commercial use permit or catamaran registration certificate; and
  • defines gross receipts.

The amendments to 13-256 subsections 3 and 4, HAR define commercial use permit requirements and commercial vessel and water sports equipment registration requirements.

All interested parties are invited to attend and to present their views, either orally or in writing. Written statements may be submitted at the public hearings or to the Division of Boating and Ocean Recreation at 333 Queen St., Suite 300, Honolulu, HI 96813, prior to the hearing date.

The rules may be reviewed online at http://dlnr.hawaii.gov/dobor/draft-rules/or may be reviewed in person at any small boat harbor from 8 a.m. to 3:30 p.m., Monday through Friday, except on state holidays.

If unable to review online or in person, a copy can be mailed after payment of the required fees for postage and paper (per 91-2.5 HRS) upon verbal or written request to: Division of Boating and Ocean Recreation, 333 Queen St., Suite 300, Honolulu, HI 96813, Ph: 587-3254.

The meeting locations are disability accessible. If special needs are required, i.e., large print, taped materials, sign language interpreter, etc., call (808) 587-3254 at least one week prior to the designated date and time of the public hearings.

A summary of the comments received at the public hearings will later be presented to the BLNR and modifications may be made at that time. The public will have a second opportunity to comment on this set of amendments and any changes proposed by the BLNR at a duly noticed, future meeting of the board.

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Deborah Ward,
DLNR Public Information Specialist
Phone: (808) 587-0320