Bill Seeks Lifeguards for Tour Boats: Measure would also require ships to have AEDs on board

A bill that would require certified lifeguards on boats that take tourists out for snorkeling and other activities is once again making its way through state legislation.

House Bill 184 would not only require commercial marine operators that bring customers into state waters to participate in recreational activities to have at least one person on board the vessel who is a certified rescue diver or lifeguard, it would also require such vessels to have a have backboard. Emergency oxygen and an automated external defibrillator (AED) on board.

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 regulations for obtaining those permits lack safety requirements, creating potential safety concerns for consumers. The bill relates to the April 2022 death of Theresa “Reesa” Butts, a crew member aboard the 40-foot Uhane Nui o Naia operated by Sunlight on Water.

“More stringent crew training requirements would both increase safety and ensure that companies participating in commercial tours must meet some minimum requirements before charging customers,” said Rep. Nicole Lowen (D -North Kona) proposed legislation. Lowen referred questions about the bill to Keller Laros, an instructor at Jack’s Diving Locker and founder of the Manta Pacific Research Foundation, who had not responded as of Wednesday’s press time.

The measure was heard Tuesday by its first assigned committee, the House Water and Land Committee.

HB 184 was passed with amendments by the Water and Land Committee on Tuesday, with all but one of those who gave testimony opposing the measure.

DLNR Chairwoman 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 action because of its potential liability to the state and jurisdictional issues with federal regulations,” she said in written testimony. “While the Department recognizes the importance of customer safety measures, the United States Coast Guard is the appropriate entity to review and implement the requirements proposed by this measure. USCG already requires a comprehensive list of safety requirements for documented merchant vessels and merchant operators.

“In addition, SCUBA instructors and tour operators must meet the Professional Association of Diving Instructor/National Association of Underwater Instructor standards.”

Division of Boating and Ocean Recreation Administrator Ed Underwood added that the requirement is not additional to federal government requirements. There were five fatalities in Hawaiian waters last year.

“One went overboard and was hit by the boat and one accidentally ran over its crew,” he said. “It wouldn’t have helped in such situations.”

Underwood said the proposed rules would be too burdensome for commercial operators. Any time a ship carries passengers for charter, it is considered commercial.

James Koon, president of the Ocean Tourism Coalition, which represents over 300 ocean tour operators in the state, agreed with other witnesses that the Coast Guard’s regulations are sufficient.

He also pointed out that having an AED onboard may not be practical for certain types of vessels.

“Ocean rafts and open motor boats 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 in itself could pose a safety issue,” he testified.

Holly Hokenson, a dive guide in Kailua-Kona who worked as a crew on the first boat to arrive in the Butts fatal accident in Makako Bay, offered testimony for the passage of the law. Hokenson said she witnessed the victim draw blood from his lost limb as the crew of the Sunlight on Water attempted to get their injured crewman from the sea onto the boat.

“I can’t speculate what would have happened if the crew who tried to help her had had lifeguard/safety diver training. What I can say is that the crew who had the training that this bill proposes had experience pulling an unconscious person out of the water and experience finding a tourniquet in a boat environment to get to theirs faster legs to come,” Hokenson wrote. “I know this because the student in safety diver training is specifically trained to get an unconscious person onto a boat from deep water as quickly as possible. In this training, several strategies are presented and practiced to achieve this goal. These courses provide basic first aid training related to a boat setting so the crew knew exactly what could become a tourniquet in an emergency situation like this.”

The bill eventually passed the committee with an amendment to exempt ships inspected by the Coast Guard.

Next up is the vote in the House of Representatives, and if passed, its next hearing before the Committee on Trade and Consumer Protection.

An accompanying Senate bill passed its first reading in that chamber, but no committee hearings were scheduled.