Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 256 - OCEAN RECREATION MANAGEMENT RULES AND AREAS › Subchapter 5 - WINDWARD OAHU OCEAN RECREATION MANAGEMENT AREA › Section 13-256-73.6 - Small sail/snorkel tour permit restrictions

Current through June, 2024
(a) Not more
					 than sixty customers per day or the historical daily average of the months
					 July, August, and September of the calendar years 1996 thru 2000, whichever is
					 lower, not to be less than thirty five customers per day per permit shall be
					 permitted.
(b) The passenger
					 carrying capacity of the vessel(s) having a capacity of over six passengers
					 shall be established by a United States Coast Guard Certificate of
					 Inspection.
(c) Snorkel tours shall
					 be conducted in Zones "D" and "E" within Kaneohe Bay waters, pursuant to
					 section 13-256-73.
(d) All stops
					 for other than snorkeling shall be within the commercial area of the sand flat
					 area within Kaneohe Bay waters designated as restricted zone I and shall not
					 exceed one hour. Only non-motorized equipment may be used for water sports
					 recreation.
(e) Any vessel
					 authorized on the effective date of these rules to load passengers from the
					 Heeia Kea small boat harbor pier under a permit issued pursuant to chapter
					 13-231 is permitted to load to full certified passenger capacity.
(f) Replacement or substitution of any
					 existing vessels or equipment shall require prior written approval by the
					 department and the department shall have discretion to permit vessel
					 substitution with a similar length vessel; provided that the increase shall not
					 be greater than ten per cent of the length of the authorized vessel of record
					 on May 22, 2000. An increase of greater than ten per cent of the length of the
					 authorized vessel of record on May 22, 2000 is prohibited. Additional motorized
					 and non-motorized vessels and equipment not authorized on July 1, 1993, by the
					 department shall not be allowed.
(g) Educational and not-for-profit tours
					 shall not be counted against daily customer limits, but the permittee's total
					 number of passengers shall not exceed the maximum number of customers allowed
					 per day. Not-for-profit tours and passengers shall not be mixed with commercial
					 customers on the vessel at the same time.
(h) All vessels shall be registered in
					 accordance with section 13-256-4(a), notwithstanding section 13-256-4(b), and
					 display a current Ocean Recreation Management Area decal.
(i) Permittees or owners or shareholders of
					 record of business entities holding permits may transfer any interest in the
					 business. Any transfer of interest in the business shall result in assessment
					 of business transfer fee in accordance with section 13-256-7.
(j) When a small full service permit turns
					 into a small snorkel tour permit because of a transfer of ownership to a
					 non-family member, no additional motorized or non-motorized vessels or
					 equipment shall be allowed to be added to the existing authorized
					 inventory.
(k) When a small snorkel
					 tour permit transfers ownership to a non-family member no more than thirty-five
					 customers per day shall be permitted.