NOTICE OF PUBLIC HEARING
Pursuant to Chapter 91, Hawaii Revised Statutes, notice is hereby given that the Department of Land and Natural Resources (DLNR), State of Hawaii, will hold public hearings on proposed amendments to TITLE 13, SUBTITLE 11, OCEAN RECREATION AND COASTAL AREAS, PARTS I, II, and III, HAWAII ADMINISTRATIVE RULES.
The following sections are being amended: 13-230-4 Penalties and prosecution, 13-230-8 Definitions, 13-230-25 Particular categories, 13-231-3 Use permits; issuance, 13-231-6 Revocation of use permit, 13-231-13 Joint and several liability; non-transferability of use permits, 13-231-15 Boat owner required to report change of ownership, address, and other changes, 13-231-26 Use of a vessel as a place of principal habitation, 13-231-28 Staying aboard vessels moored at Ala Wai or Keehi small boat harbor, 13-231-29 Vessel used as a vacation site, 13-231-45 Marine inspections, 13-231-56 Definitions, gross receipts, 13-231-70 Water taxi operations, 13-232-8 Marine toilets – restrictions, 13-232-10 Backflow prevention device required on connections to water line – use of water operated de-watering device prohibited, 13-232-30 Fire signal for vessels in small boat harbors, 13-232-57 Dogs, cats or other domestic pets, 13-232-58 Sleeping or camping prohibited, 13-232-60 Serving, sale, and consumption of liquor in state boat harbors and boat launching facilities, 13-233-13 Operation, parking, or storage of bicycles or play vehicles, 13-233-29 Eligibility for parking permits; fee per vehicle, 13-235-5 Owners required to report change in ownership, address and other changes, 13-235-9 Restrictions on anchoring or mooring outside of a designated offshore mooring area, 13-242-1 Duty to render aid and give information, 13-242-3 Immediate notice of accident; when required, 13-242-4 Written boating accident report; when required, 13-243-4 Mufflers, 13-244-15.5 Operation of power driven vessels, 13-244-19 Authorization required to hold regatta, marine parade, boat race or exhibition, 13-244-29 Makapuu ocean waters, 13-244-37 Zone A, Zone B, Ingress/Egress Zones, and Ingress/Egress Corridors, 13-245-9 Diver’s flag, 13-251-57 Waikiki ocean waters, 13-253-1.3 Gross receipts, 13-255-1 Purpose and scope, 13-255-6 Waikiki beach uses and activities; restrictions, 13-256-3 Commercial use permit or catamaran registration certificate requirements, 13-256-5 Commercial use permits; public auction, 13-256-7 Business transfer fee, 13-256-8 Owner required to report change in ownership, address and other changes, 13-256-12 Gross receipts, 13-256-16 Thrill craft operations; general provisions, 13-256-17 Recreational thrill craft operations, 13-256-21 Ultralight float equipped aircraft, 13-256-22 Tow-in surfing, 13-256-56 Wailua River restricted area, 13-256-63 Sharks Cove, Three Tables and Waimea Bay ocean waters, 13-256-73.5 Large snorkel tour permit restrictions, 13-256-74 Kailua Ocean Waters Restricted Zones, 13-256-88 Maunalua Bay waters, 13-256-91 Waikiki Ocean Waters Restricted Zones, 13-256-112 Maui Humpback whale protected waters, 13-256-128 Baldwin Park-Paia Bay Restricted Area, 13-256-162 Makaiwa Bay Swimming Zones.
The following sections are being added: 13-232-57.1 Feeding of wildlife or feral animals prohibited, 13-232-57.2 Animal abandonment and creating or contributing to colonies prohibited.
The following sections are being repealed: 13-230-21 Definitions, 13-240-5 Definitions, 13-243-5 Recognition of marine examination decals, 13-245-2 Definitions, 13-250-5 Definitions, 13-254-1 Definitions, 13-255-5 Definitions, 13-256-35 Owner required to report change in ownership, address and other changes.
These amendments to Hawaii Administrative Rules (HAR) are being proposed to allow DLNR to better manage and facilitate boating and ocean recreation related activities within State small boat harbors and nearshore waters and to reorganize the HAR provisions relating to DOBOR for clarity and general efficacy.
Meetings will be held as follows:
On Kauai at Wilcox Elementary School Cafeteria 4319 Hardy Street Lihue, HI 96766 on July 24, 2017 from 6:00pm to 8:00pm.
On Maui at Velma McWayne Santos Community Center Wailuku Community Complex 395 Waena Place Wailuku, HI 96793 on July 26, 2017 from 5:00pm to 7:00pm.
On Hawaii Island at Hilo State Building Conference Room 75 Aupuni Street Hilo, HI 96720 on July 27, 2017 from 5:30pm to 6:30pm.
On Hawaii Island at Kealakehe High School Cafeteria 74-5000 Puohulihuli Street Kailua-Kona, HI 96740 on July 28, 2017 from 6:00pm to 8:00pm.
On Oahu at Aiea Elementary School Cafeteria 99-370 Moanalua Road Aiea, HI 96701 on July 29, 2017 from 8:30am to 10:30am.
All interested parties are invited to attend the meetings and to present their views on the proposed amendments, either orally or in writing. Written comments may be submitted at the public hearings or to the Chairperson at 1151 Punchbowl Street, Room 130, Honolulu, Hawaii 96813. Additionally, interested parties may submit comments electronically through email to firstname.lastname@example.org. All forms of written comments will be accepted up to one week following the last public hearing date.
The proposed rule amendments can be reviewed online on the Division of Boating and Ocean Recreation (DOBOR) website located at http://dlnr.hawaii.gov/dobor/draft-rules or can be reviewed in person at the following DOBOR district offices:
Hawaii District Office Maui District Office
74-380 Kealakehe Parkway 101 Maalaea Boat Harbor Road
Kailua-Kona, Hawaii 96740 Wailuku, Hawaii 96793
Telephone: (808) 327-3690 Telephone: (808) 243-5824
Kauai District Office Oahu District Office
2494 Niumalu Rd. 4 Sand Island Access Road
Lihue, Hawaii 96766 Honolulu, HI 96819
Telephone: (808) 241-3111 Phone: (808) 832-3520
Persons unable to review the proposed rule changes online or in person may request, verbally or in writing, a copy of the proposed rules. A charge of $0.50 per page will be assessed for hardcopies. Hardcopies will be mailed at no charge upon receipt of a valid request and applicable payment. Please make requests to:
Division of Boating and Ocean Recreation
4 Sand Island Access Road
Honolulu, HI 96819
Meeting locations are disability accessible. For persons requiring special needs accommodations (e.g., large print, taped materials, sign language interpreter, etc.), please call (808) 832-3520 at least one week in advance of the designated date and time of the applicable public hearing to make special needs requests.
Suzanne D. Case
Board of Land and Natural Resources