Hawaii 2023 Regular Session

Hawaii Senate Bill SB1388 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 1388 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO OCEAN RECREATION COMMERCIAL PERMITS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1388
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1388
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO OCEAN RECREATION COMMERCIAL PERMITS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 200-10, Hawaii Revised Statutes, is amended as follows: (1) By amending subsection (d) to read as follows: "(d) The department shall not renew or issue a permit to a person who is not the owner of the vessel which is moored or which the person desires to moor in a state small boat harbor. No use permit may be transferred unless specifically provided by law. Any individual who is an owner of a vessel used for commercial purposes, including commercial fishing as a principal means of livelihood, and possesses a valid mooring permit or commercial permit, or both, in accordance with the rules adopted by the chairperson pursuant to chapter 91, may transfer ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to moor or operate the vessel under the permit or permits. The existing permit or permits shall be reissued in the name of the transferee corporation or other business entity. The department may designate moorage space within state small boat harbors to accommodate commercial fishing vessels and transient vessels." (2) By amending subsection (g) to read as follows: "(g) [The department may designate moorage space within state small boat harbors to accommodate commercial fishing vessels and transient vessels.] Except as provided in section 200-37(l), all new commercial use permits issued for commercial ocean recreation activity occurring in an ocean recreation management area that are not renewals of permits shall be issued by the following methods and in the following order until all permits allowed by law or determined by the department to be a reasonable number have been issued: (1) Seniority based on an applicant's number of years engaged in the business for which a commercial use permit is sought, proven by records including, but not limited to, booking records, gross receipts, passenger manifests, vessel logs, dive logs, and tax records; (2) Seniority based on the date and time a commercial use permit application was submitted; (3) Unsealed public auction; and (4) Lottery. Within an ocean recreation management area or state boating facility where the department has implemented administrative rules setting a limit on the number of commercial use permits that can be issued at any one time, if the number of commercial use permits issued exceeds the relevant permit limit, the department shall determine which permittees will be allowed to continue to renew their commercial use permit and shall disallow all other permittees from renewing their commercial use permit by seniority based on the existing permittees' number of years engaged in the business in the area or facility, proven by records including, but not limited to, booking records, gross receipts, passenger manifests, vessel logs, dive logs, and tax records, in order to meet the permit limit." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
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49	49	SECTION 1. Section 200-10, Hawaii Revised Statutes, is amended as follows:
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51	51	(1) By amending subsection (d) to read as follows:
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53	53	"(d) The department shall not renew or issue a permit to a person who is not the owner of the vessel which is moored or which the person desires to moor in a state small boat harbor. No use permit may be transferred unless specifically provided by law. Any individual who is an owner of a vessel used for commercial purposes, including commercial fishing as a principal means of livelihood, and possesses a valid mooring permit or commercial permit, or both, in accordance with the rules adopted by the chairperson pursuant to chapter 91, may transfer ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to moor or operate the vessel under the permit or permits. The existing permit or permits shall be reissued in the name of the transferee corporation or other business entity. The department may designate moorage space within state small boat harbors to accommodate commercial fishing vessels and transient vessels."
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55	55	(2) By amending subsection (g) to read as follows:
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57	57	"(g) [The department may designate moorage space within state small boat harbors to accommodate commercial fishing vessels and transient vessels.] Except as provided in section 200-37(l), all new commercial use permits issued for commercial ocean recreation activity occurring in an ocean recreation management area that are not renewals of permits shall be issued by the following methods and in the following order until all permits allowed by law or determined by the department to be a reasonable number have been issued:
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59	59	(1) Seniority based on an applicant's number of years engaged in the business for which a commercial use permit is sought, proven by records including, but not limited to, booking records, gross receipts, passenger manifests, vessel logs, dive logs, and tax records;
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61	61	(2) Seniority based on the date and time a commercial use permit application was submitted;
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63	63	(3) Unsealed public auction; and
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65	65	(4) Lottery.
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67	67	Within an ocean recreation management area or state boating facility where the department has implemented administrative rules setting a limit on the number of commercial use permits that can be issued at any one time, if the number of commercial use permits issued exceeds the relevant permit limit, the department shall determine which permittees will be allowed to continue to renew their commercial use permit and shall disallow all other permittees from renewing their commercial use permit by seniority based on the existing permittees' number of years engaged in the business in the area or facility, proven by records including, but not limited to, booking records, gross receipts, passenger manifests, vessel logs, dive logs, and tax records, in order to meet the permit limit."
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69	69	SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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71	71	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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73	73	SECTION 4. This Act shall take effect upon its approval.
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77	77	INTRODUCED BY: _____________________________
78	78	BY REQUEST
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80	80	INTRODUCED BY:
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88	88	BY REQUEST
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90	90	Report Title: Ocean Recreation Commercial Permits; Department of Land and Natural Resources Description: Specifies the methods by which the Department of Land and Natural Resources can issue new ocean recreation commercial permits and renew existing ocean recreation commercial permits. Specifies that new permits for ocean recreation management areas and facilities where a permit limit is implemented, new permits will be issued by the method enumerated and in the order set forth herein until the limit is reached. For renewal of existing permits in ocean recreation management areas and facilities where a permit limit is implemented, the ability to renew a commercial permit will be based on seniority until the limit is reached. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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96	96	Report Title:
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98	98	Ocean Recreation Commercial Permits; Department of Land and Natural Resources
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102	102	Description:
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104	104	Specifies the methods by which the Department of Land and Natural Resources can issue new ocean recreation commercial permits and renew existing ocean recreation commercial permits. Specifies that new permits for ocean recreation management areas and facilities where a permit limit is implemented, new permits will be issued by the method enumerated and in the order set forth herein until the limit is reached. For renewal of existing permits in ocean recreation management areas and facilities where a permit limit is implemented, the ability to renew a commercial permit will be based on seniority until the limit is reached.
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112	112	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.