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, a scuba instructor and founder of the Manta Pacific Research Foundation. Laros said he has pushed for the legislation “many times” over the past seven years, adding that DOBOR and “mega snorkel operators” oppose it, claiming Coast Guard regulations make the measure moot.
“That is false. Coast Guard does not regulate supervision of snorkels in the water,” he said before explaining that while the Coast Guard requires boat crews do man overboard and firefighting drills, it is not training relevant to supervising snorkelers in the water. Further, he noted, while the Coast Guard requires the captain have current First Aid and CPR certificates — just as does a lifeguard or divemaster — the captain would be caught between driving boat to reach EMS or doing CPR.
“The best way to prevent snorkeler fatalities is to teach, supervise and monitor guests in the water. Supervisory crew must recognize signs and symptoms of a snorkeler that may be getting into trouble and react quickly and appropriately and have the necessary safety equipment to help insure a positive outcome,” Laros said Wednesday. “A man over board drill as required by the USCG for Inspected Vessels is not any where near what we are talking about. Ask yourself this, ‘would I want and expect that DLNR permitted Commercial Ocean Recreation operators to be trained to supervise, assist and possibly save your keiki, kapuna and ohana?’ I believe the only answer is ‘Yes.’”
The measure was heard Tuesday by its first assigned committee, the House Committee on Water and Land. All testimony submitted for House Bill 184 opposed the measure while one person offered testimony supportive of the proposed legislation.
DLNR Chairperson Dawn Chang said the department opposes the bill, noting potential liability to the state and jurisdictional issues with federal regulations.
“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,” ” she said in written testimony. “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 wouldn’t have changed the outcome of five boating incidents that resulted in death on 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.”
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.