RELATING TO OCEAN USER SAFETY.
SB1457 would expand the authority of the Hawaii Board of Land and Natural Resources to regulate ocean user safety by allowing it to adopt, amend, and repeal interim rules specifically related to the commercial and recreational use of water sports equipment. The bill adds a statutory definition of “water sports equipment,” covering devices used on or in the water for pleasure, recreation, or sports rather than transportation.
The measure also revises existing ocean safety law to make clear that the board, rather than the department alone, may adopt rules to promote safety in the state’s waters. Those rules may address safe zones for free divers and swimmers, enforcement around swim-zone buoys, and the use of water sports equipment. Importantly, the bill authorizes interim rules that are exempt from the usual rulemaking procedures under chapters 91 and 201M, but limits those interim rules to a maximum duration of 24 months. Violations of the section or related rules remain subject to existing penalties under sections 200-14 and 200-14.5.
In practical terms, the bill would give the state faster regulatory tools to respond to changing ocean recreation technologies and safety concerns. It would affect the Department of Land and Natural Resources, the Board of Land and Natural Resources, ocean recreation users, commercial operators, and recreational users of equipment such as boards, flotation devices, and similar water sports gear.
The available context suggests generally supportive or at least policy-driven interest in the bill, with no recorded votes or committee testimony indicating organized opposition. The bill’s stated rationale emphasizes public safety, adaptive management, and the need for flexibility to address rapidly changing ocean technologies. The main point of potential contention is the breadth of the board’s interim-rule authority, especially because those rules would bypass standard chapter 91 and chapter 201M procedures, which could raise concerns about reduced public process or regulatory overreach among affected ocean users and businesses.
SB1457 would amend Hawaii Revised Statutes chapter 200 by adding a definition of “water sports equipment” and expanding the Board of Land and Natural Resources’ rulemaking authority over ocean user safety. It would expressly authorize interim rules for commercial and recreational water sports equipment, exempt those interim rules from chapters 91 and 201M, and allow them to remain effective for up to 24 months. The bill would therefore strengthen and speed up the state’s ability to regulate nearshore ocean recreation, while leaving existing penalty provisions in place for violations.
The bill appears to be framed positively as a public safety and adaptive management measure, with the legislative findings stressing the need to respond quickly to changing ocean technologies and recreation practices. No committee transcripts or votes are available showing direct opposition or support, but the bill’s progression and re-referral suggest it is being treated as a substantive regulatory proposal rather than a controversial partisan measure. Overall sentiment appears cautious but favorable, centered on safety and management flexibility.
The main likely point of contention is the grant of interim-rule authority to the Board of Land and Natural Resources, especially because those rules would be exempt from the normal administrative rulemaking process under chapters 91 and 201M. Critics could view that as reducing public notice, participation, and oversight. Another possible area of debate is the scope of the new definition of water sports equipment and how broadly the board could regulate commercial and recreational uses, which may affect businesses, rental operators, and individual ocean users.