A bill that would require certified lifeguards on boats that take tourists onto the water for snorkeling and other activities is again making its way through the state Legislature.
House Bill 184 would not only mandate commercial ocean operators who take customers into state waters to engage in recreational activities to have at least one individual aboard the vessel who is a certified rescue diver or lifeguard, it would also require such vessels to have a backboard, emergency oxygen, and an automated external defibrillator (AED) onboard.
It notes that while commercial boating operations are required to obtain a permit from the Department of Land and Natural Resources Division of Boating and Ocean Recreation, the provisions for obtaining those permits do not include safety requirements, which leads to potential consumer safety issues. The bill references the April 2022 death of Theresa “Reesa” Butts, a crew member onboard the 40-foot Uhane Nui o Naia, which is operated by Sunlight on Water.
“More stringent crew training requirements would both increase safety and ensure that companies engaging in commercial tours have to meet some minimum requirements before charging customers,” the bill introduced by Rep. Nicole Lowen (D-North Kona) reads. Lowen referred questions on the bill to Keller Laros, scuba instructor at Jack’s Diving Locker and founder of the Manta Pacific Research Foundation, who did not respond as of press-time Wednesday.
The measure was heard Tuesday by its first assigned committee, the House Committee on Water and Land.
HB 184 passed the Water and Land Committee with amendments Tuesday with all but one of those offering testimony speaking in opposition to the measure.
DLNR Chairperson Dawn Chang said the department opposes the bill, which has been introduced several times over the years.
“The Department of Land and Natural Resources respectfully opposes this measure because of potential liability to the State and jurisdictional issues with federal regulations,” she said in written testimony. “While the Department acknowledges the importance of customer safety measures, the United States Coast Guard is the appropriate entity to consider and implement the requirements proposed by this measure. USCG already requires a comprehensive list of safety requirements for documented commercial vessels and commercial operators.
“Additionally, SCUBA diving instructors and tour operators are required to meet Professional Association of Diving Instructor/National Association of Underwater Instructor standards.”
Division of Boating and Ocean Recreation Administrator Ed Underwood added the requirement wasn’t necessary in addition to federal government requirements. Last year, there were five fatalities in Hawaii waters.
“One went overboard and got hit by the boat and one inadvertently backed over their crew,” he said. “In those situations, this wouldn’t have helped.”
Underwood went on to say the proposed regulations would be over burdensome for commercial operators. Any time a vessel carries passengers for hire, it is considered commercial.
James Koon, president of Ocean Tourism Coalition that represents over 300 ocean tour operators in the state, agreed with other testifiers that Coast Guard regulations were sufficient.
He also noted having an AED on board may not be practical for certain types of vessels.
“Ocean rafts and open motorboats are considered ‘Wet Vessels’ and may have limited deck space or other factors that make it difficult to have an AED on board, and this could be a safety concern in itself,” he testified.
Offering testimony in favor of passing the bill was Holly Hokenson, a diving guide in Kailua-Kona who was working as crew on the first boat to arrive at the fatal accident involving Butts in Makako Bay. Hokenson said she witnessed the victim losing blood from her lost limb as the crew of the Sunlight on Water attempted to move their injured crew member from the ocean to the boat.
“I cannot speculate what would have happened if the crew attempting to assist her had lifeguard/safety diver training. What I can say is that crew who had the training this bill is suggesting would have prior experience in pulling an unconscious person out of the water and experience in finding a tourniquet in a boat setting to get on her limb faster,” Hokenson wrote. “I know this because in safety diver training the student is trained specifically to get an unconscious person from deep water onto a boat as quickly as possible. Multiple strategies are presented and practiced in this training to achieve that goal. Basic first aid training is given in these courses and related to a boat setting so that crew would have known exactly what could become a tourniquet in an emergency situation such as this.”
The bill ultimately passed committee with an amendment to exempt vessels inspected by the Coast Guard.
It next heads to the House floor for a vote, and if passed, to its next hearing before the Committee on Commerce and Consumer Protection.
A companion bill in the Senate passed a first reading on that chamber’s floor, however, no committee hearings have been scheduled.
