A summary of the new regulations (effective on 15 Mar 2007) which are designed to prevent this sort of thing, can be found at this location:
http://www.asa2fly.com/AB2012000Stor...Update2007.pdf
It is Part 136 changes.
I have listed the main changes petaining to Hawaii. There are others though.
cl12pv2s
Add new Appendix A to Part 136 as follows:
Appendix A to Part 136—Special Operating Rules for
Air Tour Operators in the State of Hawaii
Section 1. Applicability.
This appendix prescribes operating
rules for airplane and helicopter visual flight rules air tour flights
conducted in the State of Hawaii under 14 CFR parts 91, 121, and
135. This appendix does not apply to:
(a) Operations conducted under 14 CFR part 121 in airplanes
with a passenger seating configuration of more than 30 seats or a
payload capacity of more than 7,500 pounds.
(b) Flights conducted in gliders or hot air balloons.
Section 2. Definitions.
For the purposes of this appendix:
“
Air tour
” means any sightseeing flight conducted under visual
flight rules in an airplane or helicopter for compensation or hire.
“
Air tour operator
” means any person who conducts an air
tour.
Section 3. Helicopter flotation equipment.
No person may
conduct an air tour in Hawaii in a single-engine helicopter beyond
the shore of any island, regardless of whether the helicopter is
within gliding distance of the shore, unless:
(a) The helicopter is amphibious or is equipped with floats adequate
to accomplish a safe emergency ditching and approved flotation
gear is easily accessible for each occupant; or
(b) Each person on board the helicopter is wearing approved
flotation gear.
Section 4. Helicopter performance plan.
Each operator must
complete a performance plan before each helicopter air tour flight.
The performance plan must be based on the information in the
Rotorcraft Flight Manual (RFM), considering the maximum density
altitude for which the operation is planned for the flight to determine
the following:
(a) Maximum gross weight and center of gravity (CG) limitations
for hovering in ground effect;
(b) Maximum gross weight and CG limitations for hovering out
of ground effect; and,
(c) Maximum combination of weight, altitude, and temperature
for which height-velocity information in the RFM is valid.
The pilot in command (PIC) must comply with the performance
plan.
Section 5. Helicopter Operating Limitations.
Except for
approach to and transition from a hover, and except for the purpose
of takeoff and landing, the PIC shall operate the helicopter at
a combination of height and forward speed (including hover) that
would permit a safe landing in event of engine power loss, in
accordance with the height-speed envelope for that helicopter
under current weight and aircraft altitude.
Section 6. Minimum flight altitudes.
Except when necessary
for takeoff and landing, or operating in compliance with an air traf-
fic control clearance, or as otherwise authorized by the Administrator,
no person may conduct an air tour in Hawaii:
(a) Below an altitude of 1,500 feet above the surface over all
areas of the State of Hawaii, and,
(b) Closer than 1,500 feet to any person or property; or,
(c) Below any altitude prescribed by federal statute or regulation.
Section 7. Passenger briefing.
Before takeoff, each PIC of an
air tour flight of Hawaii with a flight segment beyond the ocean
shore of any island shall ensure that each passenger has been
briefed on the following, in addition to requirements set forth in 14
CFR 91.107, 121.571, or 135.117:
(a) Water ditching procedures;
(b) Use of required flotation equipment; and
(c) Emergency egress from the aircraft in event of a water landing.
[Docket No. FAA–1998–4521, 72 FR 6914, Feb. 13, 2007]