EXHIBIT 1
DEPARTMENT OF LAND AND NATURAL RESOURCES
TITLE 13SUBTITLE 9 NATURAL AREA RESERVES SYSTEM
CHAPTER 209
RULES REGULATING ACTIVITIES WITHIN NATURAL AREA RESERVES§ 13-209-1
Purpose and applicability§ 13-209-2
Definitions§ 13-209-3
Permitted activities§ 13-209-4
Prohibited activities§ 13-209-4.1. Animals§ 13-209-4.2 Restricted entry§ 13-209-4.53 Closing of areas§ 13-209-4.64 Visiting hours§ 13-209-4.5 - 13-209-4.9 (Reserved)§ 13-209-5
Special-use permits§ 13-209-5.1 - 13-209-5.4 (Reserved)§ 13-209-5.5 Applications for special-use permits§ 13-209-5.6 Parking fees
§ 13-209-5.7 Public parking closure hours§ 13-209-5.8 Public parking§ 13-209-5.9 Removal of vehicles§ 13-209-6
Penalty
Historical Note: Chapter 209 of Title 13, Administrative Rules, is based substantially upon
Regulation 10 of the Administration of the Department of Land and Natural Resources entitled“Regulating and Prohibiting Activities within Natural Area Reserves Including Provisions for
Excepted-Use Activities by Permit and Penalties for Violation of the Regulation.” [Eff 5/20/79;
R 6/29/81]§13-209-1 Purpose and applicability. (a) The purpose of these rules is to regulate activity
within natural area reserves established pursuant to section 195-4, Hawaii Revised Statutes. (b)These rules shall apply to all persons entering the boundaries of a natural area reserve. [Eff6/29/81] (Auth: HRS § 195-5) (Imp: HRS § 195-5)§13-209-2 Definitions. As used in these rules, unless the context requires otherwise:“Board” means the board of land and natural resources.
"Chairperson" means the chairperson of the board of land and natural resources.
“Commission” means the natural area reserves system commission.
“Department” means the department of land and natural resources.
“Game mammals and birds” means those animals that have been designated as such by sections
191-8 and 191-19, Hawaii Revised Statutes, and by administrative rules of the department.

“Natural area reserve” means those State lands that have been designated as part of the Hawaii
natural area reserves system by the department pursuant to section 195-4 183D-1, Hawaii
Revised Statutes.
“Commercial activity” means the use of or activity on state lands for which compensation isreceived and by any person for goods or services or both rendered to consumers or participants inthat use or activity. Commercial activities include activities whose base of operations are outside
the boundaries of the natural area reserve, or provide transportation to or from the natural area
reserve. to engage in any action or attempt to engage in any action designed for profit, which
includes, but is not limited to, the exchange or buying and selling of commodities; the providingof services relating to or connected with trade, traffic, or commerce in general; any activity
performed by the commercial operator or its employees or agents in connection with the deliveryof such commodities or services; and the soliciting of business, including the display or
distribution of notices, business cards, or advertisements for commercial promotional purposes,
or the use of liability waivers to provide goods or services. Commercial activity includes
activities whose base of operations is outside the boundaries of the program trail or access, butthat rent equipment or livestock for use in a natural area reserve or provide transportation to orfrom a natural area reserve. Commercial activity includes the operation of vehicles licensed or
permitted as motor carriers of passengers or property for compensation by the Public Utilities
Commission to, from, or within a natural area reserve except for delivery or other service
vehicles contracted by the state.
“Compensation” includes but is not limited to, monetary fees, barter, or services in-kind.
"Motorized vehicle" means a motor vehicle of any type, including, but not limited to,automobiles, trucks, off-highway vehicles such as all-terrain vehicles, motorcycles, motorbikes,
go-carts, motorcycles, motor scooters, mopeds, electric bicycles, and dune buggies..
"Vehicle" means every device in, upon, or by which any person or property is or may betransported or drawn upon a roadway or highway, including mopeds, but excluding bicycles anddevices other than bicycles moved by human power.
[Eff 6/29/81; am 12/9/02; am 7/3/03; am and comp] (Auth: HRS § 195-5)(Imp: HRS § 195-5)§13-209-3 Permitted activities. Hiking and nature study of group size of ten or less are
permitted except where restricted pursuant to sections 13-209-4.5 and 13-209-4.6. Hunting is apermitted activity pursuant to hunting rules of the department. [Eff 6/29/81; am 1/26/07] (Auth:
HRS § 195-5) (Imp: HRS § 195-5)§13-209-4 Prohibited activities. The following activities are prohibited within a natural area
reserve:(1)
To remove, injure, or kill any form of plant or animal life, except game mammals
and birds hunted according to department rules;(2)
To introduce any form of plant or animal life; except dogs when permitted byhunting rules of the department, leashed dogs on designated trails in Pahole
natural area reserve, and service animals trained guide dogs accompanying theirhandlers;(3)
To remove, damage, or disturb any geological or paleontological features orsubstances, including but not limited to drilling, placement or installation of
hardware or fasteners;

(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)

(12)
(13)
(14)

(15)
(16)
(17)
(18)

To remove, damage, or disturb any historic or prehistoric remains;
To remove, damage, or disturb any notice, marker, or structure;
To engage in any construction or improvement;
To engage in any camping activity or to establish a temporary or permanent
residence;
To start or maintain a fire, including cigarettes;
To litter, or to deposit refuse or any other substance;
To operate any motorized or unmotorized land vehicle or air conveyance of any
shape or form in any area, including roads or trails, not designated for its use;
To operate any motorized water vehicle of any shape or form in freshwater
environments, including bogs, ponds, and streams, or marine waters, except asotherwise provided in the boating rules of the department. In Ahihi-Kinau naturalarea reserve, no person shall operate, anchor or moor any vessel equipped withmechanical means of propulsion on or in the Ahihi-Kinau ocean waters unless (1)the person is engaged in rescue or law enforcement operations; (2) an emergency
arises which requires that such action be taken to prevent loss of life, injury to
persons or damage to property; or (3) the person is operating, anchoring or
mooring a vessel equipped with mechanical means of propulsion in or on thewaters in accordance with the provisions of a permit issued by the Chairperson of
the Board of Land and Natural Resources. Notwithstanding any boating rules ofthe department, it is prohibited to launch or land any boats, including sail boats,
row boats, canoes and kayaks within portions of Ahihi-Kinau natural area reserveas shown in Exhibit 1, located at the end of this chapter and by reference made apart hereof. This section shall not apply to surfboards and bodyboards;
To enter into, place any vessel or material in or on, or otherwise disturb a lake or
pond;
To engage in commercial activities of any kind in a natural area reserve without awritten special-use permit from the board or its authorized representative;
To have or possess the following tools, equipment, or implements: fishing gear or
devices within portions of Ahihi-Kinau natural area reserve as shown in Exhibit 1,
located at the end of this chapter and by reference made a part hereof, including
but not limited to any hook-and-line, rod, reel, spear, trap, net, crowbar, or otherdevice that may be used for the taking, injuring, or killing of marine life; cuttingor harvesting tools or gear, including but not limited to chainsaws, axes, loppers,
any mechanized or manual sawtooth tool, seed pickers, or machete, that may be
used for the taking, injuring, or killing of plant life; and hunting gear or tools that
may be used for the taking, injuring, or killing of wildlife, except as permitted by
the hunting rules of the department;
To hike, conduct nature study, or conduct any activity with a group larger than ten
in size;
To be present in an area closed pursuant to section 13-209-4.5 or after visiting
hours established pursuant to section 13-209-4.6;
To anchor any motorized or nonmotorized water vehicle of any shape or form in
the marine waters of Ahihi-Kinau natural area reserve;
To enter into any cave, as defined in section 6D-1, Hawaii Revised Statutes, or
any portion thereof;(19)To conduct any other activity inconsistent with the purpose and intent of thenatural area reserves system;(20) To use or possess narcotics or drugs except as provided by Federal or State laws.
No person shall enter or remain within the premises when under the influence ofalcohol or illegal narcotics or drugs;(21) To use or possess alcohol, except with the written permission of the board or its
authorized representative. ;(22) To feed animals or leave any food that may be consumed by animals;(23) For an owner to allow the owner’s dog, cat, or other domestic animal to become astray;(24) To operate an unmanned aircraft in or above natural area reserves.
(25) To enter into any solid-walled exclosures with signage indicating that the area is
protected for snails.
[Eff 6/29/81; am 12/9/02; am 7/3/03; am 1/26/07; am and comp](Auth: HRS§ 195-5) (Imp: HRS § 195-5)§ 13-209-4.1 Animals. Any stray dog, cat, or other animal may be seized by officers andemployees of the department, or by any other person authorized by law, and shall be disposed ofas provided in section 183D-65, Hawaii Revised Statutes. [Eff and comp]§13-209-4.2 Restricted entry. It is prohibited for any person to land upon, enter or attempt toenter, or remain in any natural area reserve identified in Exhibit 2, , located at the end of thischapter and by reference made a part hereof, except as authorized by permit by the board or its
authorized representative. [Eff and comp]§ 13-209-4.53 Closing of areas. (a) The board or its authorized representative, with theapproval of the commission, may close or restrict the public use of all or any portion of anatural area reserve for up to two years, when deemed necessary by the commission for theprotection of the natural, geological, or cultural resources of the area or the safety and welfareof persons or property, by the posting of appropriate signs indicating the duration, extent, andscope of closure. Closures may be renewed with the approval of the board or its authorized
representative and the commission. All persons shall observe and abide by the officially posted
signs designating closed areas. in the event of an emergency or when deemed necessary for:(1)
The protection of the biological, geological, or cultural resources of the area;(2)
Health, safety, or welfare reasons;(3)
Management activities, by the posting of appropriate signs indicating the duration,
extent, and scope of closure.
(b) The chairperson is authorized to effect a given closure or restriction under subsection(a) for a period of not more than ninety days. The board is authorized to affect a closure or
restriction for any period as deemed necessary to accommodate the condition or conditions
indicated under subsection (a).
[Eff 1/26/07; am and comp] (Auth: HRS § 195-5) (Imp: HRS § 195-5)§ 13-209-4.64 Visiting hours. The board or its authorized representative, with the approval of
the commission, may establish a reasonable schedule of visiting hours for all or portions of anatural area reserve by posting appropriate signs indicating the hours during which the natural

area reserve may be accessed. All persons shall observe and abide by the officially posted signs
designating visiting hours. [Eff: 1/26/07; am and comp] (Auth: HRS § 195-5)(Imp: HRS § 195-5)§§ 13-209-4.5 - 13-209-4.9 (Reserved) [Eff and comp]§ 13-209-5 Special use permits. (a) The board or its authorized representative, with the approvalof the commission or its authorized representative, may issue permits to conduct activities
otherwise prohibited by section 13-209-4 for research, education, management, or for any otherpurpose consistent with chapter 195, Hawaii Revised Statutes.
(b) Unless a special use permit includes a specific duration, the special use permit shall
expire one year from the date of issuance. No permit may be valid for more than one year fromdate of issuance. The board may waive this restriction for permits where the board determinessuch a waiver to be in the best interest of the State.
(c) All special-use permits shall be subject to standard conditions, as approved by theboard, including but not limited to the following:(1)
The permittee shall adhere to specifications given in the permit application;(2)
Disturbance of vegetation and wildlife shall be avoided as much as possible;(3)
Precautions shall be taken to prevent introductions of plants or animals notnaturally present in the area. The permittee is responsible for making sure thatparticipants’ clothes, equipment, and vehicles are free of seeds or dirt to lessen the
chance of introducing any non-native plants or soil animals. Should an infestation
develop attributable to the permittee, the permittee is responsible for eradication
by methods specified by the department;(4)This permit is not transferable;(5)This permit does not exempt the permittee from complying with any otherapplicable rule or statute;(6)
The State of Hawaii shall be released and held harmless from any and all liability
for injuries or death, or damage or loss of property however occurring during any
activity related to this permit.
(d) The board or its authorized representative may attach special conditions on thespecial-use permit, including but not limited to reporting requirements, limitations on the size ofgroups or the length of time for which the permit is valid. Failure to comply with any of these
conditions shall render a permit void.
(e) All permittees shall carry the permit with them at all times while in the reserve andshall, upon request, show the permit to any law enforcement officer or the board or its authorized
representative.
(f) Permits are not transferable. If the permittee is a partnership, joint venture, or
corporation, the sale or transfer of 25 percent or more of ownership interest or stocks bydissolution, merger, or any other means, shall be deemed a transfer for purposes of thissubsection and subject to the right of the department to terminate this permit effective the date of
the sale or transfer.
(g) The board or its authorized representative may revoke or cancel a permit without priornotice when an emergency is declared by the department or other proper authority or when thespecial-use poses an immediate threat to the health, safety, and welfare of the public or natural,geological, or cultural resources of the reserve.

(h) The board or its authorized representative may revoke or cancel any permit with thirtydays written notice:(1)
For any infraction of the terms and conditions of the permit;(2)
Upon a finding that the special-use threatens to damage the integrity or conditionof the natural, geological, or cultural resources in the reserve;(3)
Upon a finding that the special-use poses a threat to the health, safety, or welfareof the general public or otherwise negatively impacts the general public’s use andenjoyment of the reserve; or(4)Upon closure of a reserve pursuant to section 13-209-4.5.
(i) The provisions of this section shall not exempt the applicant from complying with anyother applicable rule or statute.
[Eff 6/29/81; am 1/26/07; am and comp] (Auth: HRS § 195-5)(Imp: HRS § 195-5)§§ 13-209-5.1 - 13-209-5.4 (Reserved) [Eff and comp]§ 13-209-5.5 Applications for special-use permits. (a) All applications for special-use permits
shall be submitted in writing to the board or its authorized representative on the form prescribedby the department. The application shall contain the following information:(1)
Name of applicant, and if relevant, affiliation and title;(2)
Contact information, including name of primary contact, mailing address, phone
number, and if available, email address;(3)
The period of time for which the permit is requested, not to exceed one year
unless seeking a waiver pursuant to section 13-209-5(b);(4)
The reserve(s) involved;(5)
A map illustrating the reserve and the location within the reserve of the proposed
special-use;(6)
A description of the proposed special-use;(7)
A discussion of how the proposed special-use satisfies subsections (b)(1) through(b)(6);(8)
An assessment of the potential environmental impact the special-use may have on
the reserve or the surrounding area;(9)
Signature of the applicant;(10) Any other information as determined by the department.
(b) In evaluating the merits of an application for a special-use permit, the board or its
authorized representative shall apply the following criteria:(1)
The proposed special-use cannot be conducted elsewhere;(2)
The proposed special-use is consistent with the purpose and objectives of thenatural area reserve system;(3)
The proposed special-use is consistent with the management plan developed forthe reserve;(4)
The proposed special-use provides a benefit (direct or indirect) to the natural area
reserve system or to the individual reserve(s) or both;(5)
The proposed special-use will not damage or threaten to damage the integrity or
condition of the natural, geological, or cultural resources in the natural area
reserve and adjacent area or region;

(6)The proposed special-use complies with provisions and guidelines contained in
Chapter 205A, Hawaii Revised Statutes, entitled “Coastal Zone Management”,
where applicable; and(7)
The applicant shall have complied with, or be in compliance with, the conditionsof any previously approved permit.
(c) The applicant shall have the burden of demonstrating that the proposed special-use isconsistent with the criteria in subsection (b).
(d) The board or its authorized representative may hold a public hearing on an application
where determined by the chairperson that the scope of the proposed special-use or the public
interest requires a public hearing on the application. Notice of the hearing shall be given not lessthan twenty days prior to the date set for the hearing. Notice of the time and place of the hearing
shall be published at least once in a newspaper in the county where the natural area reserve islocated.
(e) If within two hundred seventy days after the department’s acceptance of a completed
application, the board or its authorized representative shall fail to render a decision thereon, theapplication for a special-use permit shall be automatically approved with the standard conditions
outlined in section 13-209-5(c), provided that the board may revoke this approval pursuant tosection 13-209-5(g) and (h). The two-hundred-seventy-day time period provided shall notcommence until a completed application is accepted by the department. Physical receipt of an
application by the department does not constitute acceptance. The two-hundred-seventy-day time
period for decision may be extended for another one hundred eighty days at the request of theapplicant to give the board additional time to review and make a decision on the application.
[Eff 1/26/07; am ] (Auth: HRS §§ 195-5, 91-13.5) (Imp: HRS §§ 195-5, 91-13.5)§13-209-5.6 Parking fees. (a) The fee for parking a vehicle in the Ahihi-Kinau natural area
reserve at the Kanahena lot, shown in Exhibit “1”, in a space designated for such use shall be:
Nonresidents: $5.00 10.00 per vehicle
Residents: No charge(b) For purposes of this section, the term “resident” means a resident of the State with avalid State of Hawaii identification card or State of Hawaii driver’s license.
(c) All fees collected shall be deposited into the Natural Area Reserve Special
Endangered Species Trust Fund. [Eff 9/8/17, am and comp] (Auth: HRS §§195-5, 195-9) (Imp: HRS §§ 195-5, 195-9)§ 13-209-5.7 Public parking closure hours. Ahihi-Kinau natural area reserve parking areas will
be closed daily between 8:00 p.m. and 5:00 a.m., including State holidays. [Eff 9/8/17] (Auth:
HRS §§ 195-5) (Imp: HRS §§ 195-5)§ 13-209-5.8 Public parking. No vehicle shall enter the Kanahena lot, shown in Exhibit “1”,without payment of parking fees and charges and may only park in areas designated by thedepartment. Within the Kanahena lot, all vehicles, resident and non-resident, must have andclearly display a parking pass on the driver’s side dashboard area so that it can be read from theoutside of the vehicle. No vehicle shall be in a parking area within the Ahihi-Kinau natural area
reserve when the parking area is closed, except as expressly permitted in writing by thedepartment. [Eff 9/8/17, am andcomp] (Auth: HRS §§ 195-5) (Imp: HRS §§ 195-5)

§ 13-209-5.9 Removal of vehicles. (a) The department may detain, tow, move, or cause to be
moved to an impounding area, at the owner's risk and expense and without liability for any
damage that may result, any motor vehicle:(1)
For nonpayment of parking charges, or failure to clearly display a parking permiton the driver’s side dashboard when a vehicle is parked in a vehicular parking
area operated by the department or authorized representative in the Ahihi-Kinau
natural area reserve; or(2)Which has been parked continuously anywhere in a parking area operated by thedepartment or authorized representative in the Ahihi-Kinau natural area reserve
for a period exceeding the posted time limits, except where prior arrangements
have been made therefor.
(b) The department shall have the authority to detain, tow, move, or cause to be moved
any vehicle when the position or location of the vehicle in a parking lot creates a nuisance or ahazard; provided, that any detention, towing, or moving, done or caused to be done by thedepartment or authorized representative, of any vehicle legally parked, shall not be at the owner'srisk and expense. [Eff 9/8/17, am and comp] (Auth: HRS §§ 195-5) (Imp: HRS§§ 195-5)§ 13-209-6 Penalty. Any person violating any of the provisions of these rules shall be penalized
as provided in section 195-8, Hawaii Revised Statutes. [Eff 6/29/81] (Auth: HRS § 195-5) (Imp:
HRS § 195-8)

Exhibit 1: Ahihi Kinau Natural Area Reserve

Exhibit 2: List of Restricted Natural Area Reserves
Name
Ahihi
Kinau

CountyMaui

Island Tax Map Key
Maui 2-1-4:073(Portions) and 2-1004:113

Restrictions
See map in Exhibit 1.