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 13-256-73.5 - Large snorkel tour permit restrictions

Current through June, 2024
(a) No more
					 than one-hundred fifty 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 seventy 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) All associated
					 operational and supporting activities on land must meet all applicable land use
					 laws and zoning ordinances, including, but not limited to the number of
					 passengers allowed and approved for loading from private lands or as approved
					 by the department through a conservation district use permit.
(d) Snorkel tours shall be conducted in Zones
					 "D" and "E" within Kaneohe bay waters, pursuant to section
					 13-256-73.
(e) 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 two hours. Only
					 non-motorized equipment may be used for water sports recreation.
(f) 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.
(g)
					 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.
(h) 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.
(i) 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.
(j) 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 a business transfer fee in accordance with section
					 13-256-7.
(k) When the Kualoa full service permit or a
					 large full service permit turns into a large 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.
(l) When a
					 large snorkel tour permit transfers ownership to a non-family member no more
					 than seventy customers per day shall be permitted.