Haw. Code R. § 13-256-73.5 - Large snorkel tour permit restrictions
(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.
Notes
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