DEPARTMENT OF LAND AND NATURAL RESOURCES.
Adoption of Chapter 13-7
Hawaii Administrative Rules
April 26, 1996

SUMMARY

Chapter 7 of Title 13, Hawaii AdministrativeRules, entitled “Assemblies, Meetings, andDistribution of Literature on Department of Land andNatural Resources Lands”, is adopted.

§13-7-1

HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCESSUBTITLE 1
ADMINISTRATIONCHAPTER 7
ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE
ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS§13-7-1
513-7-2§13-7-3§13-7-4§13-7-5
513-7-6§13-7-7§13-7-8

PurposeApplication
Definitions
Jurisdiction
Soliciting and sales
Public assemblies and meetings
Sale or distribution of literature
Enforcement§13-7-1
Purpose. This chapter recognizes andsets forth the rights and privileges of individuals orgroups to engage publicly in assemblies and meetings,
or to sell or distribute literature in parks and othersites designated in this chapter under thejurisdiction, management, and operation of thedepartment of land and natural resources of the Stateof Hawaii. Specifically, the purposes of this chapter,as to those lands, are to:(1) Provide for the exercise of constitutional
freedoms, commensurate with ensuring thenormal functioning of government activities;(2) Provide safe, orderly, convenient, andefficient use of and enjoyment of thoselands by the general public;(3) Ensure users of those lands free accessacross the lands and free access to, among,and between facilities on those lands;(4) Prevent interference with normal pedestrianor vehicular traffic on those lands, andbetween facilities Of those lands; and7-1§13-7-1(5) Prevent interference With or disruptionof government functions or facilities onthose lands. [Eff MAY 0 6 1996 ](Auth:HRS §§171-6, 171-7) (Imp: HRS §§171-6,171—7)§13-7-2
Application. These rules govern
expressive activities in parks and other sites
designated in this chapter under the jurisdiction,management, and operation of the department of landand natural resources. [Eff MAY 0 6 1996 ] (Auth: HRS§§171-6, 171-7) (Imp: HRS §§171-6, 171-7)§13—7—3 Definitions. As used in this chapter
unless the context clearly indicates otherwise:“Board” means the board of land and naturalresources of the State of Hawaii.
“Chairperson” means the chairperson of the boardof land and natural resources, or a designee.
“DLNR” means the state department of land andnatural resources.
“Facilities” means public structures orimprovements on lands regulated by this chapter.
“Literature” means any written or printed
material, including but not limited to books,
Pamphlets, handbills, cards, circulars, pictures,magazines, and leaflets, containing political,
religious, philosophical or ideological messages, orsolicitations for contributions to be made outside
DLNR land. The term does not include other items ofmerchandise, such as, but not limited to, food, drink,coffee mugs, sunglasses, flags, records, patches,
jewelry, handicraft, decals, audio or video tapes,
shirts, hats, ties, shorts, or any other clothingarticles.
“Person” means an individual or organization.
“Sale” means the transfer of money, including
monetary donations, in exchange for literature or any
other item.
“Solicit” means to ask, implore, plead for; toendeavor to obtain by asking; to importune; or to tryto obtain.
“State” means the State of Hawaii.
[Eff May 06 1996](Auth: HRS §§171—6, 171—7) (Imp:MRS §§171—6, 171—7)

7-2

§13-7-6§13-7-4
Jurisdiction. These rules shall apply
to all areas designated as DLNR parks and certain
other areas under the management and control of theDLNR divisions and offices. These certain other areas
are designated as:(1) Fort DeRussy Beach;(2) Historic preserves;(3) Natural area reserves;(4) Forest reserves;(5) Beaches under DLNR jurisdiction;(6) Certain game management areas as may bedesignated by the board of land and naturalresources; and(7) Unencumbered state lands immediatelyadjacent to areas covered by these rules.
The areas where these rules apply for purposes of thischapter shall be collectively referred to as “DLNRland.” A current list of these areas shall be kept at
all DLNR state parks district offices and the officeof the chairperson. [Eff May 06 1996 ] (Auth: HRS§§171—6, 171—7) (Imp: HRS §§171—6, 171—7)§13—7—5 Soliciting and sales. Soliciting and thesale of gifts, money, goods, or services on DLNR land
is prohibited, except pursuant to:(1) Section 13—7—7;(2) A concession, lease, or contract issued byDLNR; or(3) A permit issued by DLNR, valid as of theeffective date of these rules.
[Eff MAY 06 1996 ] (Auth: HRS §§171-6, 1717) (Imp: HRS §§171-6, 171-7)§13-7-6
Public assemblies and meetings. (a)Public assemblies, meetings, gatherings,
demonstrations, parades, and other such events,
including those recognized under chapter 7, Hawaii
Revised Statutes, resulting in assemblies of twentyfive or more persons are allowed on DLNR land,provided a permit for such event has been issued by
the chairperson.
(b) An application for such a permit shall set
forth the name of the applicant, the date, time,duration, nature, and place of the proposed event, anestimate of the number of persons expected to attend,a7-3

§13-7-6

statement of equipment or facilities to be used andany other information required by the permit
application form. Permittees shall display a copy of
the application containing the required information inplain view during the event at the permitted location.
(c) chairperson shall, without unreasonable delay
and provided an application is submitted withreasonable timeliness, issue a permit on proper
application, unless:(1) A prior application for a permit for thesame time and place has been made that has
been or will be granted and the activities
authorized by that permit do not reasonably
allow multiple occupancy of that particularlocation;(2) It reasonably appears that the event will
present a clear and present danger to thepublic health or safety; or(3) The event is of such nature or duration thatit cannot reasonably be accommodated in theparticular location applied for, consideringsuch things as probable damage to the DLNR
land’s resources or facilities, impairmentof DLNR land’s atmosphere of peace,
tranquility, or recreation, interferencewith program activities, or impairment ofpublic use facilities.
(d) If a permit is denied, the applicant shall be
informed in writing, with the reason(s) for the denial
set forth.
(e) The chairperson shall designate on maps,
copies of which shall be available for inspection at
all state parks district offices and the chairperson’soffice, the locations available for public assemblies.
Locations may be designated as not available for anactivity only if such activity would:(1) Cause damage or injury to DLNR land;(2) Unreasonably impair the atmosphere of peace,
tranquility, or recreation maintained inDLNR land;(3) Unreasonably interfere with interpretive,
visitor service, or other DLNR program
activities;(4) Substantially impair the operation of public
use facilities or services of DLNR
concessionaires or contractors; or7-4§13-7-7(5)

Present a clear and present danger to thepublic health and safety.
(f) The permit may contain such conditions as
are reasonably consistent with protection and use of
the DLNR land for the purposes for which the land ismanaged. It may also contain reasonable limitations onequipment to be used and the time and area within
which the event is allowed.
(g) No permit shall be allowed for a period inexcess of seven consecutive days, provided that apermit may be extended for a like period, upon a new
application, unless another applicant has previously
requested use of the same location for the same time
period and multiple occupancy of that location is notreasonably possible.
(h) No person shall engage in activities covered
under this section so as to obstruct or impede
pedestrians or vehicles, or harass visitors to DI~NR
land, either verbally or with physical Contact.
(I)Should the number of applications for a permit
exceed the available area at a particular location andtime, the chairperson reserves the right to allocate
spaces for which permit applications were received in
the chairperson’s sole discretion, on the basis of ashared use concept.
(j) A permit may be revoked under any of theconditions listed in paragraph (c) that constitutegrounds for the denial of a permit. Such a revocation
shall be made in writing, with the reason(s) for
revocation clearly set forth, except under emergency
circumstances, when an immediate verbal revocation orsuspension of the permit may be made, to be followed
by written confirmation within seventy—two hours.
(k) Violation of the terms and conditions of apermit issued in accordance with this section may
result in the suspension or revocation of the permit.
[Eff May 06 1990 ] (Auth HRS §§171-6, 171-7)(Imp: HRS §§171-6, 171-7)§13-7-7
Sale or distribution of literature.
(a) The sale or distribution of literature is allowedon DLNR land. However, the use of a portable table orchair to sell or distribute literature on DLNR land,in sizes and numbers acceptable to the chairperson, isallowed only if a permit for such use has been issued
by the chairperson. No other structure or equipment,

7-5

§13-7-7
including, but not limited to display mats, park
surfaces, tents, canopies, podiums, or platforms,
shall be used to sell or distribute literature on DLNR
land.
(b) An application for a permit under this section shall set forth the name of the applicant, thename of the organization (if any), the date, time,duration, and location of the proposed sale or
distribution, the number of participants, a statementof equipment or facilities to be used, and any otherinformation required by the permit application form.
Permittees shall display a copy of this application inplain view on any permitted portable table or chair.
Permittees not using a portable table or chair shallkeep a copy of this application with them, and shallproduce it upon request.
(c) The chairperson shall, without unreasonable
delay and provided an application is submitted withreasonable timeliness, issue a permit on proper
application unless:(1) A prior application for a permit for thesame time and location has been made thathas been or will be granted and theactivities authorized by that permit do notreasonably allow multiple occupancy of theparticular location;(2) It reasonably appears that the sale ordistribution will present a clear andpresent danger to the public health andsafety;(3) The number of persons engaged in the sale or
distribution exceeds the number that canreasonably be accommodated in the particularlocation applied for, considering suchthings as damage to DLNR land resources or
facilities, impairment of the atmosphere ofpeace, tranquility, or recreation in DLNR
land, interference with program activities,
or impairment of public use facilities;(4) The location applied for has not been
designated as available for the sale or
distribution of literature; or(5) The activity would constitute a Violation ofan applicable law or regulation.
(d) If a permit is denied, the applicant shallbe informed in writing, with the reason(s) for thedenial set forth.
(e) The chairperson shall designate on maps,
copies of which shall be available for inspection at7-6

§13-7-7

all state parks district offices and the office of thechairperson, the locations within DLNR land wherepermitted activities may occur. Locations may bedesignated as not available for issuance of permits,
only if activities under the permit would:(1) Cause injury or damage to DLNR land
resources;(2) Unreasonably impair the atmosphere of peace,
tranquility, or recreation maintained in
DLNR land;(3) Unreasonably interfere with interpretive,
visitor service, or other DLNR program
activities;(4) Substantially impair the operation of publicuse facilities or services of DLNR
concessionaires or contractors; or(5) Present a clear and present danger to thepublic health and safety.
(f) The permit may contain such conditions as
are reasonably consistent with protection and use of
the DLNR land for the purposes for which the DLNR land
is managed.
(g) No permit shall be issued for a period inexcess of fourteen consecutive days, provided, that apermit may be extended for a like period, upon a new
application, unless another applicant has requested
use of the same location for the same time period andmultiple occupancy of that location is not reasonably
possible.
(h) Should the number of applications for apermit exceed the available area at a particularlocation and time, the chairperson reserves the rightto allocate spaces for which permit applications werereceived in the chairperson’s sole discretion, on thebasis of a shared use concept.
(I) No person shall engage in the sale or
distribution of literature so as to obstruct or impede
pedestrians-or vehicles, harass visitors to DLNR land,
either verbally or with physical contact, misrepresent
the purposes or affiliations of those engaged in thesale or distribution, or misrepresent whether theliterature is available without cost or donation.
(j) A permit may be revoked under any of theconditions listed in paragraph ©) that constitutegrounds for denial of a permit, or for violation of
the terms and conditions of the permit. Such a
revocation shall be made in writing, with thereason(s) for7-7§13-7-7

revocation clearly set forth, except under emergency
circumstances, when an immediate verbal revocation orsuspension of the permit may be made, to be followedwith a written confirmation within seventy—two hours.
(k) Violation of the terms and conditions of apermit issued in accordance with this section ma y
result in the suspension or revocation of the permit.
[Eff MAY 06 1996](Auth: HRS §§171-6, 171-7)(Imp: HRS §§171-6, 171-7)§13-7-8 Enforcement. (a) Any person violating
any provision of this chapter shall be subject to afine of not more than $500 a day for the first offense
and shall be liable for administrative costs incurredby DLNR and for payment of any damage suffered byDLNR. Upon a second and any subsequent offense, theviolator shall:(1) Be fined not less than $500 or more than
$2,000 per day;(2) If required by the board, restore any DLNR
land affected to its original condition if
altered and assume the costs thereof; and(3) Assume such costs as may result from advfrse
effects from such restoration.
(b) In addition, the DIJNR reserves the right toseize any literature or any other merchandise, suchas, but not limited to, food, drink, coffee mugs,
sunglasses, flags, records, patches, jewelry,handicraft, decals, audio or video tapes, shirts,
hats, ties, shorts, or any other clothing articles,
being sold or distributed on DLNR land by any person
violating any provision of this chapter. - DLNR may
dispose of any such seized items in accordafice withlaw. [Eff MAY 06 1996 ] (Auth: HRS §§171-6, 171-7)(Imp: HRS §§171-6, 171-7)

7-8DEPARTMENT OF LAND AND NATURAL RESOURCES

Chapter 13-7, Hawaii Administrative Rules, on theSummary Page dated April 26, 1996, was adopted onApril
26, 1996 by the Board of Land and Natural Resources
following public hearings held on January 22, 23, 24,
25, 26 and 30, 1996 after public notice was given in
the Honolulu Advertiser, Hawaii Tribune — Herald, Maui
News, and the Garden Island newspapers on December 21,
1995.
The adoption of chapter 13—7 shall take effectten days after filing with the Office of theLieutenant Governor.
Signed__________________
Chairperson
Board of Land andNatural Resources
APPROVED:
Signed____________________
Benjamin J. Cayetano
Governor
State of Hawaii
Date: April 26, 1996

APPROVED AS TO FORM:_______________________
Deputy Attorney General
APR 26 1996
Filed7-9