The proposed Hawaii Administrative Rule (HAR) 13-256-73.13, is a response to an increase in overcrowding and incidents involving alcohol and drugs at Ahu o Laka over the past several years, particularly on holiday weekends. The Board’s action today is one early step in the public process that could formalize an emergency 120-day rule the BLNR enacted in June, 2011 that covered the July Fourth weekend, Admission Day holiday weekend and Labor Day holiday weekends this year.
The emergency rule allowed for enforcement in the interest of public safety and gave the Department a preview of how effective a permanent ban could be. Based on the success of the emergency 120-day rule, which lapsed in the third week of October, 2011, the Department began a formal rule-making process to establish permanent rules for Ahu o Laka.
In the public rule-making process any proposed rule or amendment must be approved for public hearing by the Governor. A legal notice of the hearing(s) must be published and public comments on the proposed rule must be gathered, tabulated and reported back to the Board of Land and Natural Resources. The public will have an opportunity to comment on the proposed rule and any modifications to the rule when it is reviewed again by the BLNR along with the feedback gathered at the public hearings. If the proposed rule and any modifications are accepted and approved by the BLNR it will be presented to the Governor for final approval, possibly early in the spring of 2012.
“From the very first three-day weekend of the test ban on alcohol and unruly behavior, it was obvious that we could restore a peaceful, family-oriented atmosphere at Ahu O Laka,” said William J. Aila, DLNR Chairperson. The comments we received from families returning to this waterway were overwhelmingly positive. We can foresee the many positive effects of a permanent ban and today we took the initial step toward achieving that goal,” he said.
The Ahu o Laka safety zone describes a rectangular area in the middle of Kane‘ohe Bay that is just over a square mile comprising the majority of the sandbar and defined by six marker buoys.
The proposed rule includes:
– a prohibition on the possession or consumption of alcohol and other intoxicating substances within the most frequently crowded sections of Ahu o Laka and the immediate surrounding area
– a prohibition on entering or remaining in such area while intoxicated or under the influence of alcohol, narcotics, or drugs
– a prohibition of disorderly conduct, as defined in HRS 711-1101, within such area.
During the emergency rule period, DLNR enforcement officers, along with investigators from the Department of the Attorney General and Public Safety sheriffs were present at the He‘eia Small Boat Harbor and patrolled the sandbar over the weekend to ensure compliance with the new emergency rule and other applicable state laws, including requirements for current boat registration and boating safety equipment.
Division of Boating and Ocean Recreation staff posted signs at the harbor launch ramp about the emergency rule and handed out informational flyers to boaters, and monitored the launch ramp and parking lot areas. DOBOR also provided information to local yacht clubs and at a boat rental vendor at the Kaneohe Marine Corps Air Station.
If the Department achieves its goal of formalizing HAR 13-256-73.13, the presence of heightened enforcement in and around the safety zone will become a regular feature in Kane‘ohe Bay every three-day weekend.
Subsection 200-14.5(c), HRS, allows for fines of not more than $5,000 for a first violation and increasing graduated penalties if for a previous violation or violations within five years of this violation. Section 200-14.5, HRS (General administrative penalties), authorizes the Board to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney’s fees and costs, or bring legal action to recover administrative fines and fees and costs.
See the original article at: KHON2 Developing Stories
