DISSENTING OPINION OF
MIZUHA, J.I respectfully dissent.
Act 115, S.L. 1965,1 after stating in section 1 that the authority of the transportation director was subject to “terms, conditions and covenants of easements herein described,” failed to enumerate the easements in the act. Yet the majority opinion states, “If the purpose was to provide for compliance with the terms, conditions and covenants of the easements covered by the statute, this in itself furnished a standard governing the administrative body in promulgating the regulations authorized by the statute. We are of the opinion that this was the intent.”
*659I agree with the district court that Act 115 is “vague and indefinite” for the statute failed to enumerate the easements. The reference to “terms, conditions and covenants” may or may not have any relation to “uses and activities within the easement area” nor is there any certainty that all the easement grants are subject to the same terms, conditions and covenants relied upon as furnishing a standard governing the administrative body in promulgating the regulations. Without any definite easement with its “terms, conditions and covenants” to guide the director of transportation, the district court was correct in ruling that the Act 115 was “based on no standard of policy from which the administrative body could promulgate any rules or regulations * *
In 1966, the legislature passed Act 44, S.L. 19662 which is quoted in its entirety below. The standards the director *660must now follow in promulgating his rules and regulations are to be based solely upon “public safety, health and welfare in or on the shore waters and shores and on beaches encumbered with easements * *
Act 115, S.L. 1965 reads:
“ ‘Any provision of law to the contrary notwithstanding, and subject to chapter 6C, Revised Laws of Hawaii, 1955, as amended, and to terms, conditions and covenants of easements herein described, the director shall also be authorized with respect to lands along the shores of the State encumbered by a public easement to promulgate rules and regulations governing any and all uses and activities within such easement area.’ ”
"ACT 44.
“A Bill for an Act Amending Chapter 112 of the Revised Laws of Hawaii 1955, as Amended, Relating to Harbors.
"Be it Enacted ~by the Legislature of the State of Hawaii:
“SECTION 1. This Act is hereby declared to be an urgency measure deemed necessary in the public interest within the meaning of section 11 of Article III of the Constitution of the State of Hawaii.
“The following is a statement of facts constituting such urgency:
“On the basis of an improper delegation of power, the District Court recently ruled that Act 115, Session Laws of Hawaii 1965, giving the Director of Transportation the power to promulgate regulations governing the uses and activities wherever the State has a public easement along the shores of the State, was unconstitutional. A review of the enabling statutes upon which the Hawaii Shore Waters Regulations were promulgated indicates that they should be amended in order to avoid similar attacks on the constitutionality of said regulations.
“Though the constitutionality of the Hawaii Shore Waters Regulations has not yet been contested, it is desirable that the enabling statute be amended to provide more specific language to insure against such a contest. The safety and protection of tourists and the users of the waters of the State would thus be assured.
“SECTION 2. Section 122-5 of the Revised Laws of Hawaii 1955, is hereby amended by adding a new paragraph, to read as follows:
“ ‘In addition to the powers vested in the director of transportation by sections 112-1 and 112-8, the director, to promote public safety, health and welfare in or on the shore waters and shores and on beaches encumbered with easements in favor of the public, may promulgate, alter, amend and repeal rules and regulations governing the shore waters, shores and beaches encumbered with easements in favor of the public. *660The rules and regulations to be promulgated under this paragraph may include:
“‘(a) Safety measures, requirements and practices in or on the shore waters and shores of the State;
“‘(b) The licensing and registration of persons or organizations engaged in commercial activities in or on the shore waters or shores of the State;
“‘(c) The licensing and registration of equipment utilized for commercial activities in or on the shore waters or shores of the State;
“ ‘(d) The prohibition of the following uses and activities on beaches encumbered with easements in favor of the public: (1) commercial activities, (2) the storage, parking and display of any personal property, (3) the placement of any structures or obstructions, and (4) any other uses or activities that may interfere with the public use and enjoyment of said beaches.
“‘(e) Any other matters relating to the safety, health and welfare of the general public.’
“SECTION 3. Part I of chapter 112 is hereby amended by adding a new section, to read as follows :
“ ‘Section 112- . Definitions. For the purpose of this part, if not inconsistent with the context:
“ ‘ “Shore waters and shores” shall mean all ocean waters below mean high water mark and within the jurisdiction of the State.
“ ‘ “Beaches encumbered with easements in favor of the public” means any lands which lie along the shores of the State above mean high water mark and which are now, or may hereafter be encumbered by easements in favor of the public for bathing purposes and for foot passage.’
“SECTION 4. Severability. If any portion of this Act or its application to- any persons or circumstance is held to be invalid for any reason, then the legislature hereby declares that the decision of invalidity shall not affect the validity of the remaining portions of this Act.
“SECTION 5. This Act shall take effect upon its approval.”