Committee defers widening emergency rule window for ocean user safety; asks department to seek funding and capacity

The Judiciary & Hawaiian Affairs Committee on Feb. 27 deferred House Bill 1138 (HD1), a measure that would permit the Board of Land and Natural Resources to issue emergency rules lasting up to 365 days to regulate commercial and recreational use of water‑sport equipment.

DLNR testified that the agency needs longer emergency rule authority because technology and equipment for ocean activities are evolving quickly and the department lacks staff capacity and legal resources to complete Chapter 91 rulemaking within the existing 120‑day emergency window. Megan Statz, administrator for DLNR’s Division of Boating and Ocean Recreation (DOBAR), described the multi‑step rulemaking process that can take a year or longer and said that many user‑conflict concerns are site‑specific and thus require tailored solutions.

Public testimony was largely split. Many small commercial operators and tourism trade groups asked the Legislature to keep businesses operating during environmental reviews or while rules are drafted, citing household and employee hardship if services were halted. In contrast, environmental groups, Native Hawaiian practitioners, paddling and sailing organizations, and recreational users urged caution, warning that prolonged emergency rule authority could permit rules to be adopted with too little public input. Testimony from Maui foiling groups, Ala Wai boat owners and statewide ocean‑use coalitions stressed the need for regular, local engagement and stronger staffing at DLNR.

Committee members said they were sympathetic to DLNR’s capacity constraints but concluded the better remedy was to fund the agency to do timely rulemaking and expand community engagement rather than change the emergency rule duration. The committee deferred HB1138 and directed legislative attention to appropriations and process improvements to help DLNR deliver rulemaking with adequate public participation.