Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 26 - PUBLIC AND COMMERCIAL ACTIVITIES ON MAUNA KEA LANDS › Subchapter 1 - GENERAL PROVISIONS › Section 20-26-2 - Definitions

Current through June, 2024
As used in these rules, unless context requires
					 otherwise:
"Authorized agent" means a person, persons, or entity
					 authorized by the president, to act on the president's behalf under this
					 chapter.
"Board" means the board of regents of the University of
					 Hawaii.
"Camping" means the use of UH management areas (other than
					 designated facilities at Halepohaku) for living accommodation purposes such as
					 sleeping activities, or making preparations to sleep using any tents or shelter
					 or other structure or vehicle for sleeping, between one hour after sunset and
					 sunrise.
"Commercial activity" means a use or purpose designed for
					 profit, which includes the exchange or buying and selling of goods, or the
					 providing of services, or relating to or connected with trade, traffic or
					 commerce in general; provided, however, that the use of land for utility and
					 routine maintenance, operations, and construction purposes shall not be
					 considered a commercial activity. Commercial activities include but are not
					 limited to activities whose base of operations is outside the boundaries of the
					 UH management areas, or provide transportation to, from, or within the UH
					 management areas.
"Commercial tours" means the transport of people for
					 compensation for the purpose of engaging in public activities within the UH
					 management areas, including but not limited to transport by cars, sport utility
					 vehicles, trucks, taxis, vans or buses.
"Compensation" includes, but is not limited to, monetary
					 payments, barter, or services in-kind. Bona fide sharing of resources or
					 expenses among participants in scientific research-related activities,
					 including but not limited to astronomical observatory operations, does not
					 constitute compensation.
"Comprehensive management plan" means the Mauna Kea
					 Comprehensive Management Plan approved by the board of land and natural
					 resources, dated April 2009, including any sub-plans, as they may be
					 amended.
"Drone" means an unmanned aircraft, ship, or vehicle guided
					 by remote control or on board computers.
"Forest reserve" means lands set apart as forest reserve
					 pursuant to section
					 183-11,
					 Hawaii Revised Statutes.
"Game mammals and birds" means those animals that have been
					 designated as such by the department of land and natural resources.
"Halepohaku" means the Halepohaku (also known as Hale
					 Pohaku) mid-level facilities as described in the lease between the board of
					 land and natural resources and the university.
"Hazardous materials" means any pollutant, toxic substance,
					 hazardous waste, hazardous material, hazardous substance, or oil as defined in
					 or pursuant to the Resource Conservation and Recovery Act,
					 42 U.S.C. §
											6901 et seq. (1976), as amended, the
					 Comprehensive Environmental Response, Compensation, and Liability Act,
					 42
					 U.S.C. §
											9601 et seq. (1980), as
					 amended, the Federal Clean Water Act,
					 33 U.S.C. §
											1251 et seq. (1972), or any other federal,
					 state, or local environmental law, regulation, ordinance, rule, or bylaw,
					 whether existing as of the date hereof or subsequently enacted.
"Kahu Ku Mauna" means the advisory community-based council
					 that advises the Maunakea Management Board, OMKM, and the chancellor of the
					 University of Hawaii at Hilo on Hawaiian cultural matters affecting the UH
					 management areas.
"Law enforcement officer (s)" means any federal, state, or
					 county government employee with law enforcement powers.
"Mauna Kea" or "Maunakea" refers to the dormant volcano on
					 the island of Hawaii standing approximately 4,205 meters above sea level; its
					 peak is the highest point in the state of Hawaii.
"Maunakea Management Board" or "MKMB" means the
					 community-based advisory body established by the board to provide the Hawaii
					 Island community with a direct voice to the university for the management of
					 the UH management areas.
"Motorized vehicle" means a vehicle of any shape or form
					 that depends on a gas, electric, or other fuel motor for propulsion.
"Natural area reserve" means an area designated as a part
					 of the Hawaii natural area reserves system, pursuant to chapter
					 195, Hawaii Revised Statutes.
" Non-motorized vehicle" means a vehicle of any shape or
					 form that depends on human, animal, wind, spring, and other non-motorized means
					 for propulsion.
"Office" or "OMKM" means the office of Maunakea
					 management.
"Person" includes individuals eighteen (18) years of age or
					 older, partnerships, corporations, associations, or public or private
					 organizations of any character other than government agencies.
"President" means the president of the university, unless
					 otherwise expressly stated or further designated by the board or the
					 president.
"Private vehicle" means any vehicle not operated for
					 governmental purposes, including but not limited to private cars and trucks,
					 rental cars and trucks, commercial tour vehicles, taxis, limousines, buses, and
					 other transportation for hire. It does not include vehicles operated by
					 employees or agents of government agencies on official business, but can
					 include any vehicle, including a government vehicle, if operated by an employee
					 or agent of a government agency when not acting in an official capacity.
"Public activities" means activities of the general public
					 that are not governed by contract or other legal agreement with the university,
					 other than a permit issued under these rules or the rules of the department of
					 land and natural resources, if applicable.
"Solicit" means to ask, implore, plead for; to endeavor to
					 obtain by asking; to importune; or to try to obtain.
"UH management areas" are those lands defined as "Mauna Kea
					 lands" under section
					 304A-1901, Hawaii
					 Revised Statutes.
"University of Hawaii", "University", and "UH" means the
					 state university established under article X, section 5 of the Hawaii
					 Constitution and section
					 304A-101,
					 Hawaii Revised Statutes, which is governed by the board.
"Written permit" or "written permission" means a permit or
					 permission issued under this chapter by the president.