HB2475 Summary

• Establishes that advertisements and offers of unpermitted commercial ocean activities or equipment constitute prima facie evidence that the owner disseminated or directed the dissemination and that commercial activity operates at the advertised location.

• Shifts burden of proof to persons charged with administrative violations of commercial activity restrictions to establish that vessels or equipment are not being used for unpermitted commercial activity or that conduct is authorized by a permit, lease, or license.

• Expands the definition of "commercial activity" to include advertising or offering guide services, charters, tours, and transportation, covering communications through print, word of mouth, online platforms, and social media (Facebook, Instagram, TikTok, Yelp, YouTube, etc.).

• Adds new section 200 to Hawaii Revised Statutes defining "administrative violation," "commercial activity," and "social media" for purposes of regulating unpermitted ocean recreation activities.

• Takes effect July 1, 2024.