Ocean Stewardship User Fee

UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 §13-78-1

HAWAII ADMINISTRATIVE RULES

TITLE 13

DEPARTMENT OF LAND AND NATURAL RESOURCES

SUBTITLE 4 FISHERIES

PART IV FISHERIES RESOURCE MANAGEMENT

CHAPTER 78

OCEAN STEWARDSHIP USER FEE

§13-78-1 Definitions §13-78-2 Ocean stewardship user fee §13-78-3 Penalties, generally §13-78-4 Severability

§13-78-1 Definitions. For purposes of this chapter only: "Commercial operator" means a person that is required to have a commercial operator permit under this chapter or a commercial use permit pursuant to section 13-256-3. "Commercial operator permit" means a permit described in section 13-256-3, known as a commercial use permit. "Commercial vessel" means a vessel engaged in any trade, business, or commercial activity, including, but not limited to, carrying passengers for hire, charter fishing, bare boat (demise) or any type of charter maintenance, harvesting coral or similar resources, construction, towing, tow-boating, or other trade or business wherein the vessel is used in any manner to promote the venture, or is registered with the State or documented by the United States Coast Guard for commercial use.

UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 §13-78-1

"Customer" means an individual using the services of a commercial use permit holder. "Department" means the department of land and natural resources. "Passenger" means an individual onboard a vessel other than the master, members of the crew, or other persons employed in the business of the vessel. "Person" means an individual, partnership, firm, company, corporation, association, or other entity. "State" means the State of Hawaii. "Vessel" means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane. [Eff 1/12/24] (Auth: HRS §187A-52) (Imp: HRS §187A- 52)

§13-78-2 Ocean stewardship user fee. (a) Beginning on January 1, 2024, all operators of commercial vessels, watercraft, or water sports equipment that are required to have a commercial operator permit or commercial use permit pursuant to section 13-256-3 shall collect an ocean stewardship user fee from each passenger carried or customer served. (b) The ocean stewardship user fee shall be $1 per passenger or customer. (c) Fees collected pursuant to this section shall not be counted toward gross revenues for purposes of section 200-10(c)(5), HRS. (d) All fees collected pursuant to this section shall be transferred to the department on or before the last day of the month following the month in which the fees were collected. (e) Commercial operators shall submit a monthly report to the department with information about their respective commercial operations during the month covered by the report including the total number of passengers carried or customers served, location of commercial activity, and nature or type of commercial activity. The report shall be rendered to the

UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 §13-78-4

department as a true and correct statement of the information contained therein. Reports shall be submitted on or before the last day of the month following the month covered by the report. (f) Commercial operators shall maintain records of their respective daily number of passengers carried or customers served for at least twenty-four months after the carriage or service date. Records shall be made available for inspection by the department upon request. [Eff 1/12/24] (Auth: HRS §187A-52) (Imp: HRS §187A-52)

§13-78-3 Penalties, generally. (a) Any person violating any provision of this chapter shall be subject to: (1) Administrative penalties as provided by section 187A-12.5, HRS; (2) Revocation of a commercial use permit as provided by section 13-256-10; and (3) Denied reissuance of commercial use permit as provided by section 13-231-61. (b) Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the State. [Eff 1/12/24] (Auth: HRS §187A-52) (Imp: HRS §§187A- 12.4, 187A-12.5, 187A-52, 200-2, 200-3, 200-4)

§13-78-4 Severability. If any provision of this chapter, or the application thereof, to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [Eff 1/12/24] (Auth: HRS §187A-52 (Imp: HRS §1-23)

UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100

DEPARTMENT OF LAND AND NATURAL RESOURCES

Chapter 13-78, Hawaii Administrative Rules, on the Summary Page dated December 15, 2023, was adopted on December 15, 2023, following three public hearings held from July 25-27, 2023, after public notice was given in the Honolulu Star-Advertiser on June 25, 2023.

The adoption of chapter 13-78 shall take effect ten days after filing with the Office of the Lieutenant Governor.

/s/ DAWN N.S. CHANG_____ DAWN N.S. CHANG Chairperson Board of Land and Natural Resources

APPROVED:

/s/ JOSH GREEN, M.D.____ JOSH GREEN, M.D. Governor State of Hawai‘i

Dated: 1/2/24___________

APPROVED AS TO FORM:

/s/_COLIN J. LAU_________ COLIN J. LAU Deputy Attorney General ________1/2/24________ Filed