“Blue fees” for ocean conservation? Commercial ocean tourism user fees takes critical step forward

by Lisa Furger, Nicole Hiltbrand, and Wayne Tanaka | Reading time: 3 minutes

While “Green Fees” for visitors to contribute to environmental programs stalled in the legislature this year, a similar proposal passed in 2021 - focused on commercial tourism in our ocean waters - took a crucial step towards implementation by the Board of Land and Natural Resources in June.

Photo: Thomas Ashlock

Nearly 10 years after being initially proposed, the Hawaiʻi State Legislature passed a bill authorizing the Department of Land and Natural Resources (DLNR) to adopt rules requiring a $1 ocean user fee for each customer of a commercial vessel, watercraft, or water sports equipment operator. Act 46 (Reg. Sess. 2021) would direct such fees to an “ocean stewardship special fund” to be used for marine conservation, mitigation, and protection programs, with a pro rata share of these fees also transferred to the Office of Hawaiian Affairs as native Hawaiians’ pro rata share of the public land trust. 

With millions of people visiting and enjoying our ocean waters every year, when implemented, this law would have the potential to generate substantial unprecedented revenues for Hawaiʻi's marine resources.

Now, two years after the passage of Act 46, the Division of Aquatic Resources (DAR) has finally proposed new “Ocean Stewardship User Fee” rules under Hawai‘i Administrative Rules (HAR) Chapter 13-78, which were approved for public hearings by the Board of Land and Natural Resources (BLNR) on June 9.

The importance of nearshore waters and resources to the ecological, cultural, social, and economic fabric of Hawai‘i cannot be overstated. Our nearshore ocean waters are also protected under the public trust as defined in the state constitution, and submerged lands are part of the “ceded” and public land trust corpus, to be administered for the benefit of native Hawaiians and the general public. Accordingly, the ongoing deterioration of our marine environment due to insufficient management capacity poses a significant threat to our islands’ well-being, and represents a potential abdication of the state’s fiduciary obligations.

Unfortunately, the BLNR has faced resource limitations that have hindered its ability to fulfill its responsibilities in protecting and managing our nearshore areas effectively.

The implementation of an ocean user fee will provide the BLNR with a vital and potentially transformative funding source. This funding will enable the BLNR to uphold its fiduciary and constitutional responsibilities concerning the protection and management of Hawaiʻi’s invaluable nearshore waters. In recognition of the nature of submerged lands as "ceded" and part of the public land trust, a fair allocation of these fees would also contribute to the betterment of conditions for native Hawaiians, and better realize the state’s commitments to restorative justice for Kānaka ʻŌiwi.

The BLNR’s decision on June 9, 2023 authorizes DAR to take the next crucial step in the implementation of these user fees. In approving public hearings for DAR’s user fee implementation rules, the BLNR requested DAR to provide it with a list of public hearing dates once they were confirmed, anticipating a total of five hearings across the islands. The venues will be a combination of hybrid Zoom and in-person formats.

Public testimony by concerned kamaʻāina - including you! - at these public hearings will be critical to ensuring the successful adoption of DAR’s user fee rules, and unlock a transformative revenue source to provide our islands’ invaluable nearshore environment with much needed and much more meaningful management and protection. Your personal insights and perspectives on the value of our beaches, reefs, and ocean waters can help to shape the final outcome and secure continued BLNR support for the rule proposal. 

Be sure to sign up for Sierra Club action alerts and follow us on social media for updates and calls to action to support these ocean user fee rules and other efforts to better protect these islands (and waters) that we call home.  

You can view the revised proposed rules here. Download a red-lined Ramseyer version of the revised proposed rules highlighting the changes to the proposal (in red) from what was briefed to the Board at their meeting on 5/26/23.