NMAC BTWN ATX X AND UGA Y.

Narrative

CONDUCTING AIR TOUR AT 3000 FT MSL (1500 FT AGL) IN THE AREA OF HAWAIIAN FALLS. WX CONDITIONS AT ARR AT THIS LOCATION WERE APPROX 3800 BROKEN 3000 SCATTERED 5H. APPROX 8-10 MIN INTO THE AIR TOUR OF THIS AREA; WX RAPIDLY DETERIORATED DUE TO WIND CONDITIONS; CLOUDS MOVEMENT AND RAIN SHOWERS WHICH RESTR VISIBILITY TO THE EXTENT I LOST VISUAL CONTACT WITH ANOTHER ACFT IN THE IMMEDIATE VICINITY WHICH I KNEW AT LAST SIGHTING TO BE AT THE SAME ALT (1500 FT AGL). I ELECTED TO IMMEDIATELY TERMINATE THE TOUR AND RETURN TO HILO ARPT AND DSNDED TO A LOWER ALT (500 FT AGL) TO AVOID LOWERING CLOUD COVER AND IMPROVE MY VISIBILITY CONDITIONS TO SEE AND AVOID ANY TFC IN MY IMMEDIATE VICINITY. SAFETY OF THE PAX ABOARD MY ACFT WAS MY FIRST PRIORITY AND THE THOUGHT OF VIOLATING SFAR 71 AND THE 1500 FT AGL ALT LIMIT WAS NOT A CONSIDERATION DURING THIS MANEUVER; ONLY THE SAFETY AND SECURITY OF MY PAX AND ACFT. BTWN SVC WITH THE NEW YORK STATE POLICE AVIATION DEPT AS A POLICE OFFICER AND PLT AND AS A SENIOR AVIATOR WITH THE NEW YORK ARMY NATIONAL GUARD; I HAVE SPENT MANY YRS IN AVIATION OPS. I CANNOT RECALL WHEN I HAVE HAD 2 NEAR MISSES WHICH THREATENED THE SAFETY OF MY PAX AND ACFT AS THOSE THAT OCCURRED ON THE THURSDAY AND FRIDAY OF OCT/XX/94. BOTH INCIDENTS HAVE BEEN DOCUMENTED AND SUBMITTED TO THE FAA FIELD OFFICE IN HONOLULU. I ATTRIBUTED BOTH INCIDENTS TO RECENTLY ENACTED SFAR 71 WHICH PLACES NUMEROUS ACFT AT ESSENTIALLY THE SAME ALT IN A SMALL AREA AT THE SAME TIME. I RESPECTFULLY SUGGEST THAT SFAR 71 UNDERGO FURTHER REVIEW IN THE INTERESTS OF SAFETY.