reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-30 - Kealakekua Bay ocean waters

Current through June, 2024
(a) Definition.
				  "Kealakekua Bay ocean waters" means the subzones A and B as shown on State of
				  Hawaii map C.S.F. No. 15832 on file with the office of the state surveyor,
				  department of accounting and general services, State of Hawaii. A copy of which
				  is designated Exhibit "A" attached hereto and made a part hereof.
(b) Restrictions. No person shall operate,
				  anchor or moor any vessel in such manner as will injure or damage any marine
				  life or geological features and specimens within the Kealakekua Bay ocean
				  waters. Without limiting the generality of the foregoing, no person shall
				  anchor or moor any vessel within subzone A, except at locations or mooring
				  buoys designated by the department; provided, that this paragraph shall not
				  apply to persons engaged in rescue operations or in case of emergency requiring
				  such action as may be necessary to prevent loss of life or destruction of
				  property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-31 - Kailua Beach Park ocean waters

Current through June, 2024
(a) Definition.
				  "Kailua Beach Park ocean waters" means the area confined by boundaries as shown
				  on Exhibit "B" dated June 7, 1989, attached hereto and made a part hereof and
				  also described as follows:
Beginning at the low water mark two hundred and
					 seventy-five feet from the Kailua Beach Park boat ramp, then by azimuths
					 measured from True South; 180 degrees for a distance of one hundred fifty feet;
					 129 degrees for a distance of one thousand twenty feet; 115 degrees for a
					 distance of six hundred thirty feet; 075 degrees to the low water mark on the
					 shoreline; then in a direction following the low water mark to the point of
					 beginning.
(b)
				  Restrictions. No person shall operate or moor a vessel or sailboard in the
				  Kailua Beach Park ocean waters, the area of which is defined in section
				  13-244-31(a). This subsection shall not apply in the case of emergency or to
				  patrol or rescue craft.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-32 - Ahihi-Kinau ocean waters

Current through June, 2024
(a) Definition.
				  "Ahihi-Kinau ocean waters" means the waters of the State located within Part 2
				  of the Ahihi-Kinau Natural Area Reserve as shown on State of Hawaii map C.S.F.
				  No. 16807 on file with the office of the state surveyor, department of
				  accounting and general services, State of Hawaii, a copy of which map is
				  designated Exhibit "C", attached hereto and made a part hereof.
(b) Restrictions. The Ahihi-Kinau ocean
				  waters, located within the Ahihi-Kinau Natural Area Reserve possess unique
				  natural resources that should be protected and preserved. No person shall
				  operate, anchor or moor any vessel equipped with mechanical 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 the waters in accordance
				  with the provisions of a permit issued by the chairperson of the board of land
				  and natural resources, pursuant to the department of land and natural
				  resources, Natural Area Reserve System Rule No. 209.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-33 - Pokai Bay ocean waters

Current through June, 2024
(a) Definition.
				  "Pokai Bay ocean waters" consists of Zone A and Zone B shown on Exhibit "D",
				  attached hereto and made a part hereof. Zone A and Zone B are more particularly
				  described as follows:
(1) Zone A.
(A) Beginning at a point sixty feet in a
				  northerly direction measured along the mean high water mark from the northern
				  edge of the launching ramp;
(B)
				  Along the mean high water mark in a northerly direction to a point where the
				  groin intersects the shore;
(C) In
				  a seaward direction along a straight line connecting such point described in
				  paragraph (2) to Pile "A";
(D)
				  Along a straight line connecting Pile "A" to Pile "D"; and
(E) Along a straight line to, and ending at,
				  the point of beginning.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-34 - Ala Moana Beach Park ocean waters

Current through June, 2024
(a) Definition.
				  "Ala Moana Beach Park ocean waters" means the area confined by boundaries as
				  shown on Exhibit "E", attached hereto and made a part hereof and also described
				  as follows:
(1) Beginning at a point on the
				  Ewa side of Magic Island Park where the rock revetment joins the
				  beach;
(2) Along the mean high
				  water mark of Ala Moana Beach to the Diamond Head boundary of Kewalo
				  Basin;
(3) Along the edge of the
				  reef line shown to a point opposite the point of beginning; and
(4) In a Diamond Head direction to and ending
				  at the point of beginning.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-35 - Manele-Hulopoe marine life conservation district

Current through June, 2024
(a)
				  Definition. "Manele-Hulopoe marine life conservation district" means the waters
				  of the State located within Subzone A and Subzone B of the Manele-Hulopoe
				  marine life conservation district as shown on State of Hawaii map C.S.F. No.
				  17565 (Revised April 1976) on file with the office of the state surveyor,
				  department of accounting and general services, State of Hawaii. A copy of which
				  is designated Exhibit "F", attached hereto and made a part hereof.
(b) Prohibited activities. It shall be
				  unlawful for any person to operate, anchor or moor a vessel in such manner as
				  will injure, damage or destroy any marine life or geological feature or
				  specimen within the Manele-Hulopoe marine life conservation district. Without
				  limiting the generality of the foregoing, no person shall operate, anchor or
				  moor any vessel within the boundaries of Subzone A of the Manele-Hulopoe marine
				  life conservation district except a person (1) engaged in law enforcement,
				  rescue or other operations essential to preserve life or property; (2) a person
				  engaged in research or other activities pursuant to a permit issued by the
				  department of land and natural resources. Notwithstanding the foregoing
				  restrictions on the operation of a vessel within Subzone A, a
				  manually-propelled Hawaiian outrigger canoe may be operated (but not anchored
				  or moored) within the subzone.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-37 - Zone A, Zone B, Ingress/Egress Zones, and Ingress/Egress Corridors

Current through June, 2024
(a) The Kaanapali ocean waters shall be
				  divided into the following zones:
(1) Zone A,
				  Kaanapali ocean waters
(i) This zone is
				  designated primarily for swimming, bathing, snorkeling, and diving, and means
				  the area confined by the boundaries shown and described in Exhibit G, July 1,
				  1984, located at the end of this chapter, which boundaries are described as
				  follows:
Beginning at a point on the vegetation line six hundred
					 fifty feet north along the vegetation line from the intersection of the
					 extended centerline of Kaniau Road and the vegetation line; thence running by
					 azimuths measured clockwise from True South: 080 degrees for a distance of two
					 hundred feet; 14 6 degrees 30 minutes for a distance of three thousand seven
					 hundred fifty feet; 206 degrees to a point on the vegetation line; thence
					 southward along the vegetation line to the point of beginning.
(ii) No person shall navigate or
				  moor a vessel, surfboard, sailboard, or any other water recreational device in
				  or on the waters of Zone A, provided that this restriction shall not apply to:
(A) Paipo boards not in excess of four feet
				  in length and without skegs or any other fin-like projections protruding from
				  the bottom of the boards;
(B)
				  Hawaiian design club canoes engaged in crew training;
(C) Vessels engaged in fishing during periods
				  of low use of the beach.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-38 - Pipelines in Keehi Lagoon

Current through June, 2024
(a) The pipeline
				  area in Keehi Lagoon consists of an area shown on Exhibit "H", attached hereto
				  and made a part hereof. The pipeline area is more particularly described as
				  follows:
An area twenty yards southwest and eighty-five yards
					 northeast of 21° 19' 49.876N, 157° 54' 07.759W to 21° 19' 28.610N,
					 157° 53' 46.024W.
(b)
				  No person shall anchor or moor a vessel within the pipeline area described in
				  this section.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-39 - Maunalua Bay ocean waters

Current through June, 2024
(a) As used in this
				  section, "Maunalua Bay ocean waters" means the area confined by the boundaries
				  as shown on Exhibit "I", dated March 1, 1986, which is made a part of this
				  section and also described as follows:
(1)
				  Beginning at a point on the vegetation line of the beach located on the eastern
				  side of the channel entering Koko Marina, south of the Kalanianaole Highway
				  bridge;
(2) Along the vegetation
				  line of the beach fronting Portlock to a point on the vegetation line which is
				  two hundred feet south of the pier located at Koke'e Beach Park, thence running
				  by azimuths measured clockwise from true south;
(3) 117 degrees 54 minutes for a distance of
				  six hundred feet;
(4) 184 degrees
				  21 minutes for a distance of two thousand one hundred fifty feet;
(5) 173 degrees 47 minutes for a distance of
				  one thousand nine hundred feet;
(6)
				  207 degrees 23 minutes for a distance of four hundred sixty feet;
(7) Then along a straight line to the point
				  of beginning.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-40 - Vessel operation in proximity of humpback whales

Current through June, 2024
(a)
				  No person shall approach by any means, or operate a vessel or other type of
				  watercraft, or cause a vessel or other type of watercraft to approach within
				  one hundred yards of any humpback whale within the waters of the
				  State.
(b) No person shall approach
				  by any means, or operate a vessel or other type of watercraft, or cause a
				  vessel or other type of watercraft to approach within three hundred yards of
				  any humpback whale within designated cow/calf areas.
(c) Federal regulations governing the
				  approach of humpback whales in Hawaiian waters as contained in 50 CFR, PART
				  222, Subpart D, Section 222.31 "Special Provisions" are incorporated herein by
				  reference.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-1 - Scope

Current through June, 2024
The purpose of this chapter is to adopt a uniform system
					 for marking the waters of the State; such rules to establish, (1) a system of
					 regulatory markers for use on all waters of the State to meet needs not
					 provided for by the United States Coast Guard System of navigational aids, and
					 (2) a system of navigational aids for use on the waters of the State not marked
					 by the United States Coast Guard; provided that rules shall not be in conflict
					 with the markings prescribed by the United States Coast
					 Guard.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-3 - Waterway markers

Current through June, 2024
(a) Waterway
				  markers used on the waters of the State shall be as provided in subsections (b)
				  and (c).
(b) State aids to
				  navigation.
(1) A red buoy or sign shall
				  indicate that side of a channel to be kept to the right of a vessel when
				  entering the channel from the main water body or when proceeding
				  upstream.
(2) A green buoy or sign
				  shall indicate that side of a channel to be kept to the left of a vessel when
				  entering the channel from the main water body or when proceeding
				  upstream.
(3) Buoys or signs as
				  described in paragraphs (1) and (2) shall normally be used in pairs and only
				  for the purpose of marking a clearly defined channel.
(4) A red and white vertically striped buoy
				  or sign shall indicate the center of a navigable waterway.
(5) State aids to navigation shall be
				  numbered or lettered for identification. Red buoys and signs marking channels
				  shall be identified with even numbers, and green buoys and signs marking
				  channels shall be identified with odd numbers, the numbers increasing from the
				  main water body or as the buoys and signs proceed upstream. Buoys and signs
				  indicating the center of a waterway will be identified by letters of the
				  alphabet. All numbers and letters used to identify state aids to navigation
				  shall be preceded by the letters "HA".
(6) Letters and numerals used with state aids
				  to navigation shall be red or green, compatible with the color of the aid but
				  of a deeper hue, block characters of good proportion, and spaced in a manner
				  which will provide maximum legibility.
(7) The shapes of state aids to navigation
				  shall be compatible with the shapes established by Coast Guard regulations for
				  the equivalent Coast Guard aids to navigation.
(8) Where reflectorized materials are used, a
				  red reflector shall be used on a red buoy, and a green reflector on a green
				  buoy. On red and white vertically striped buoys, reflectors, if used, shall be
				  red and white.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-4 - Authority to place markers

Current through June, 2024
No waterway markers shall be placed in, or near, the
					 waters of the State unless the placement is authorized by the chairperson,
					 board of land and natural resources, except that this section shall not apply
					 to private aids to navigation under the jurisdiction of the United States Coast
					 Guard.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-5 - Maintenance on waterway markers

Current through June, 2024
Waterway markers shall be maintained in proper condition,
					 or be replaced or removed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-6 - Display of waterway markers

Current through June, 2024
(a) A waterway
				  marker may be displayed as a sign on a fixed support, as a buoy bearing a
				  symbol on its surface, or as a sign mounted on a buoy.
(b) When a buoy is used to carry a symbol on
				  its surface, it will be white with a band of international orange at the top
				  and a band of international orange above the waterline at the bottom as
				  prescribed by the chairperson.
(c)
				  A buoy whose sole purpose is to carry a sign above it will be marked with an
				  international orange horizontal band at the top and a white horizontal band
				  just above the waterline as prescribed by the chairperson. If the height of the
				  buoy permits, additional white and international orange horizontal bands, not
				  less than six inches wide, shall be placed between the two bands required
				  above. No buoy except a buoy placed for that sole purpose shall carry a
				  sign.
(d) When symbols are placed
				  on signs, a suitable white background may be used outside the symbol.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-7 - Specifications for waterway markers

Current through June, 2024
(a) The size of a
				  display area shall be as required by circumstances, except that no display area
				  shall be smaller than one foot in height. The size shall increase in increments
				  of six inches; provided, that the specification for increase in increments
				  shall not apply to markers in existence prior to the adoption of these
				  rules.
(b) The thickness of a
				  symbol outline shall be one-tenth of the height of the display area.
(c) The outside width of the diamond, the
				  inner diameter of the circle, and the average of the inside and outside widths
				  of a square shall be two-thirds of the display area height.
(d) The sides of the diamond shall slope at a
				  35 degree angle from the vertical on a plane surface. Appropriate adjustments
				  for curvature may be made when applied to a cylindrical surface.
(e) Waterway markers shall be made of
				  materials which will retain, despite weather and other exposures, the
				  characteristics essential to their basic significance, such as color, shape,
				  legibility and position.
Reflectorized materials may be used.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-8 - Other waterway marking devices

Current through June, 2024
(a) Mooring buoys.
				  In order that mooring buoys shall not be mistaken for aids to navigation or
				  regulatory markers, they shall be white with a blue band clearly visible above
				  the waterline placed at least one-half the distance between the normal
				  waterline and the top of the buoy; provided, that this subsection shall not
				  apply to mooring buoys located within an officially established mooring area
				  prior to June 1, 1966.
(b) Special
				  purpose buoys. Buoys for special purposes which have no lateral significance
				  shall be colored as follows: White buoys shall mark anchorage areas. White
				  buoys with green tops shall be used in connection with dredging and survey
				  operation. White and black alternate horizontally banded buoys shall mark fish
				  net areas. White and international orange buoys alternately banded, either
				  horizontally or vertically shall be used for special purposes to which neither
				  the lateral system colors nor the other special purpose colors apply. The shape
				  of special purpose buoys has no significance. They shall not be numbered, but
				  may be lettered.
(c) Placement of
				  special purpose buoys. Placement of markers such as mooring buoys and permanent
				  race course markers shall be as authorized by the chairperson and such markers
				  shall not be of a color, shape, configuration or marking which could result in
				  their confusion with any federal or state aid to navigation or any state
				  regulatory marker, and shall not be placed where they will obstruct navigation,
				  cause confusion, or constitute a hazard.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-9 - Diver's flag

Current through June, 2024
(a) A "diver's flag" as defined by rule and
				  measuring not less than twelve inches by twelve inches shall be required to be
				  displayed on the surface of the water by any person or group of persons engaged
				  in free diving or SCUBA diving.
(b)
				  A diver's flag measuring not less than twelve inches by twelve inches shall be
				  displayed on the highest point of the main structure of a vessel that is
				  sixteen feet or less in length overall in order to provide an unobstructed view
				  of the diver's flag from all directions when diving from the vessel.
(c) A diver's flag measuring not less than
				  twenty inches by twenty-four inches, shall be displayed on the highest point of
				  the main structure of any vessel that is greater than sixteen feet in length
				  overall in order to provide an unobstructed view of the diver's flag from all
				  directions when diving from the vessel.
(d) If snorkeling, free diving, or SCUBA
				  diving is in progress between sunset and sunrise, the diver's flag shall be
				  clearly illuminated. A diver's flag is considered clearly illuminated when it
				  is identifiable from at least one hundred feet away.
(e) There shall be no restriction on
				  subsurface distance from a diver's flag. However, snorkelers, free divers, and
				  SCUBA divers are prohibited from surfacing more than one hundred feet away from
				  the diver's flag in the ocean waters of the State and more than fifty feet from
				  the diver's flag in navigable streams, except in cases of
				  emergencies.
(f) All vessels shall
				  be prohibited from approaching within one hundred feet of a displayed diver's
				  flag or within fifty feet of a displayed diver's flag on navigable streams with
				  the following exceptions:
(1) Vessels
				  approaching a displayed diver's flag to conduct SCUBA, snorkeling, or free
				  diving activities within the one hundred foot or fifty foot restricted area
				  shall be allowed to do so provided that the vessel approaches at a speed of
				  slow-no-wake.
(2) Vessels
				  approaching a displayed diver's flag navigating through marked navigation
				  channels are exempt from the distance restriction described in subsection (f)
				  but shall proceed at a speed of slow-no-wake through the navigation channel
				  when a diver's flag is displayed adjacent to the navigation channel.
(3) Authorized representatives of the
				  department and life saving personnel are exempt from the distance restrictions
				  of subsection (f) when performing functions related to their duties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-10 - Mooring vessels to buoys or beacons prohibited

Current through June, 2024
No person shall moor a vessel or raft to any waterway
					 marker or aid to navigation placed by the United States or the State in any of
					 the navigable waters of the State, or in any manner make the same fast
					 thereto.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 245 - WATERWAY MARKING SYSTEM › Section 13-245-11 - Destruction or defacing of markers prohibited

Current through June, 2024
No person shall deface, obliterate, tear down, or destroy,
					 in whole or in part, or attempt to deface, obliterate, tear down or destroy any
					 buoy, sign, beacon or other markers posted pursuant to these rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 250 - GENERAL PROVISIONS › Section 13-250-1 - Purpose and scope

Current through June, 2024
The purpose of these rules is to further the public
					 interest and welfare and to promote safety within the geographical limits of
					 certain portions of Hawaii's ocean waters, navigable streams and beaches, as
					 the same may from time to time be designated and described in these
					 rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 250 - GENERAL PROVISIONS › Section 13-250-2 - Interpretation

Current through June, 2024
If any section of these rules is inconsistent with any act
					 of the Congress of the United States or any rule, or standard established
					 pursuant thereto, the section shall be construed to be superseded or governed
					 thereby. Nothing contained in these rules shall be construed to limit the
					 powers of any state department or agency. These rules shall be construed
					 liberally and consistent with the purpose stated in section §
										13-250-1.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 250 - GENERAL PROVISIONS › Section 13-250-3 - Severability

Current through June, 2024
These rules are declared to be severable and if any
					 portion or the application thereof to any person or property is held invalid
					 for any reason, the validity of the remainder of these rules or the application
					 of the remainder to other persons or property shall not be
					 affected.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-1 - Permits

Current through June, 2024
Catamaran captains, canoe captains, canoe second
						captains, surfboard instructors, sailboard instructors and commercial motorboat
						operators shall have an operator permit.
(a) No person shall navigate a catamaran or
					 canoe as catamaran captain, canoe captain, or canoe second captain on a vessel
					 carrying passengers for hire, or operate as a surfboard or sailboard instructor
					 for compensation in or upon Waikiki or Kaanapali ocean waters unless the person
					 has a valid permit under this part.
(b) No person shall navigate a commercial
					 motorboat in or upon Kaanapali ocean waters unless the person has a valid
					 permit under this part.
(c) No
					 permit is required for captains navigating catamarans carrying passengers for
					 hire who, while cruising, enter Waikiki or Kaanapali ocean waters other than
					 restricted waters described in sections 13-251-57 and 13-251-58, and do not
					 load or unload passengers in or on Waikiki or Kaanapali ocean waters or shores.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-2 - What persons shall not receive permits

Current through June, 2024
The department shall not issue an operator permit to any
						person:
(1) Who is under the age of
					 twenty-one years for a catamaran captain or commercial motorboat operator, or
					 under the age of twenty years for a canoe captain, or under the age of eighteen
					 for a canoe second captain, or surfboard or sailboard instructor;
(2) Whose permit has been suspended or
					 revoked, while the suspension or revocation is in effect;
(3) Who is a habitual drunkard, or a habitual
					 user of narcotic or other drugs, to a degree which renders the person incapable
					 of safely operating as a permittee;
(4) Who has previously been adjudged to be
					 afflicted with or suffering from any mental disability or disease and who has
					 not at the time of application been restored to competency as provided by law,
					 such as to render the person incapable of safely operating as a
					 permittee;
(5) Who is required by
					 this chapter to pass an examination or re-examination and has failed to do so;
					 or
(6) Who the chairperson has good
					 cause to believe is incapable of operating as a permittee without substantially
					 jeopardizing public safety and welfare.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-4 - Learner steersperson permits

Current through June, 2024
Any person who is at least seventeen years of age may
						apply to the department for a learner steersperson permit. After the applicant
						has passed all parts of the applicable examination other than a canoe surfing
						test, the department may issue to the applicant a learner steersperson permit
						which shall entitle the applicant to navigate a canoe, registered by the
						department and not carrying passengers for hire, in or upon Waikiki or
						Kaanapali ocean waters as appropriate.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-5 - Application for operator permit

Current through June, 2024
(a) Every
					 application for an operator permit shall be accompanied by the proper fee and
					 payment of such fee shall entitle the applicant to not more than three attempts
					 to pass any examination within a period of six months from the date of
					 application.
(b) Every application
					 shall include the full name, aliases, date of birth, sex, and resident address
					 of the applicant and briefly describe the applicant, and the applicant's
					 experience related to the vessel, surfboard, or sailboard the applicant wishes
					 to use or operate. The application shall state whether the applicant has been
					 issued a permit and, if so, when and whether the permit has ever been suspended
					 or revoked, or whether an application has ever been refused and, if so, the
					 date and reason for the suspension, revocation, or refusal. Two recent
					 photographs shall be attached to the application.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-6 - Examination of applicants

Current through June, 2024
(a) The department
					 shall examine every applicant for an operator permit, except as otherwise
					 provided in this section. The examination shall include a test of the
					 applicant's knowledge of this chapter and shall include an actual demonstration
					 of the applicant's ability to exercise ordinary and reasonable control in the
					 operation of catamarans, canoes, surfboards, sailboards, or commercial
					 motorboats, as the case may be, and such further written, physical, and mental
					 examination as the department feels is necessary to determine the applicant's
					 fitness to operate a catamaran, canoe, surfboard, sailboard, or motorboat
					 safely upon the Waikiki or Kaanapali ocean waters as appropriate; provided that
					 applicants for learner steersperson permits shall not be required to pass the
					 canoe surfing test.
(b) The
					 department may issue without examination an operator permit to any person
					 applying therefore who furnished evidence satisfactory to the department that
					 the person is not disqualified under this chapter and that the person has
					 previously been issued an operator permit by the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-7 - Operator permits issued to catamaran captains, canoe captains, canoe second captains, surfboard instructors, sailboard instructors and commercial motorboat operators

Current through June, 2024
(a) An operator
					 permit when issued by the department shall bear a distinguishing number
					 assigned to the permit, the full name, date of birth, residence address, and
					 brief description of the permittee, and a space upon which the permittee shall
					 sign in ink the permittee's name immediately upon receipt of the permit. No
					 permit shall be valid until it has been so signed by the permittee.
(b) Every operator permit shall bear the
					 permittee's photograph showing the permittee's facial features, which shall be
					 furnished by the permittee.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-8 - Operator permit to be carried on board and exhibited upon demand

Current through June, 2024
Every permittee shall have the operator permit in the
						operator's immediate possession or at a place for safekeeping in the immediate
						vicinity at all times when operating as a permittee and shall display the same
						upon demand of a lifeguard, peace officer, or representative of the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-9 - Duplicate certificate

Current through June, 2024
In the event that an operator permit issued under this
						subchapter is lost or destroyed, the permittee may obtain a duplicate or
						substitute thereof, upon payment of the required fee, as provided by chapter
						13-253, obtain a duplicate or substitute thereof.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-10 - Expiration of operator permit

Current through June, 2024
Every operator permit shall expire three years after its
						issuance. Application for a new permit shall be made as provided in section
						13-251-5. The department may in
						its discretion, as provided in section
						13-251-6, waive examination for
						renewal of a permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-11 - Records to be kept by the department

Current through June, 2024
(a) The department
					 shall file every application for a permit received by it and shall maintain
					 suitable records concerning permits issued.
(b) The department shall file upon receipt,
					 all accident reports and abstracts of records of convictions for violating this
					 chapter. The department shall also maintain convenient records or make suitable
					 notations so that an individual record of each licensee, showing the licensee's
					 convictions and accidents, shall be readily ascertainable and available for the
					 consideration by the department upon any application for renewal of license or
					 permit and at other suitable times.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 1 - CATAMARAN CAPTAIN, CANOE CAPTAIN, CANOE SECOND CAPTAIN, SURFBOARD INSTRUCTOR, SAILBOARD INSTRUCTOR AND COMMERCIAL MOTORBOAT OPERATOR PERMITS › Section 13-251-12 to 13-251-15 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 2 - SUSPENSION OR REVOCATION OF OPERATOR PERMITS › Section 13-251-16 - Authority of department to revoke operator permit

Current through June, 2024
(a) The
					 department may revoke any operator permit upon determining that the permittee
					 failed to give the required or correct information in the application,
					 committed any fraud in making such application, or repeatedly violated section
					 13-251-17.
(b) Upon revocation, the
					 department shall immediately notify the permittee in writing and upon written
					 request shall afford the permittee full and reasonable opportunity for a
					 hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 2 - SUSPENSION OR REVOCATION OF OPERATOR PERMITS › Section 13-251-17 - Authority of department to suspend operator permit

Current through June, 2024
(a) The
					 department may suspend the operator permit of a catamaran captain upon
					 sufficient evidence that the permittee does not have a valid Coast Guard
					 license.
(b) The department may
					 suspend the operator permit of a canoe captain, second captain, surfboard
					 instructor, sailboard instructor, operator of a commercial motorboat or learner
					 steersperson upon sufficient evidence that the permittee:
(1) Has been convicted of violations of this
					 chapter in such frequency and seriousness as to indicate a disregard for the
					 safety of other persons on the waters;
(2) Is incompetent to operate canoes,
					 surfboards, sailboards or motorboats for charter or rent, as the case may
					 be;
(3) Has permitted an unlawful
					 or fraudulent use of the permittee's license or permit; or
(4) Has violated this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 2 - SUSPENSION OR REVOCATION OF OPERATOR PERMITS › Section 13-251-18 - Department may require reexamination

Current through June, 2024
The department upon written notice of at least five days
						to the permittee, may require the permittee to submit to an examination if the
						department has good cause to believe that a permittee is incompetent or
						otherwise not qualified to retain an operator permit. Upon the conclusion of
						the examination, the department shall take action as may be appropriate and may
						suspend or revoke the permit of that person or may issue a permit subject to
						restriction. Refusal or neglect of the permittee to submit to this examination
						shall be grounds for suspension or revocation of the permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 2 - SUSPENSION OR REVOCATION OF OPERATOR PERMITS › Section 13-251-19 - Period of suspension or revocation

Current through June, 2024
(a) The department
					 shall not suspend an operator permit for a period of more than one year, except
					 as provided under section 13-251-27.
(b) Any person whose operator permit had been
					 revoked shall not be entitled to have that permit or privilege renewed or
					 restored unless the revocation was for a cause which has been remedied, except
					 that after one year from the date on which the revoked permit was surrendered
					 to and received by the department, the person may apply for a new permit as
					 provided by this chapter. However, the department shall not issue a new permit
					 unless it is satisfied, after investigation, with the character and ability of
					 the person.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 2 - SUSPENSION OR REVOCATION OF OPERATOR PERMITS › Section 13-251-20 - Surrender and return of operator permit

Current through June, 2024
The department, upon suspending or revoking an operator
						permit, shall require that the permit be surrendered to and be retained by the
						department, except that at the end of the suspension, the surrendered permit
						shall be returned to the permittee.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 2 - SUSPENSION OR REVOCATION OF OPERATOR PERMITS › Section 13-251-21 to 13-251-25 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 3 - VIOLATION OF OPERATOR PERMIT PROVISIONS › Section 13-251-26 - Unlawful use of operator permit

Current through June, 2024
No person shall:
(1) Display, cause or permit to be displayed,
					 or have in the person's possession, any cancelled, revoked, suspended,
					 fictitious, or fraudulently altered permit;
(2) Lend the person's permit to any other
					 person or knowingly permit the use thereof by another;
(3) Display or represent as one's own, any
					 permit not issued to oneself;
(4)
					 Fail or refuse to surrender any departmental permit to the department upon its
					 lawful demand;
(5) Permit any
					 unlawful use of a permit issued to that person;
(6) Do any act forbidden, or fail to perform
					 any act required, by this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 3 - VIOLATION OF OPERATOR PERMIT PROVISIONS › Section 13-251-27 - Operating while operator permit suspended or revoked

Current through June, 2024
(a)
					 No person shall operate as a permittee at a time when the privilege is
					 suspended or revoked.
(b) The
					 department shall extend the operator's suspension for a period equal to the
					 original suspension upon receiving a record of that person's conviction for
					 operating while the person's operator permit was suspended. If the conviction
					 was for operating while a permit was revoked, the department shall not issue a
					 new permit for an additional period of one year from the date the person would
					 otherwise have been entitled to apply for a new permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 3 - VIOLATION OF OPERATOR PERMIT PROVISIONS › Section 13-251-28 - Permitting unauthorized person to operate catamaran or canoe

Current through June, 2024
No person shall authorize or permit a catamaran or canoe
						carrying passengers for hire to be navigated in or upon Waikiki ocean waters by
						any person who is not authorized by this chapter to do so.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 3 - VIOLATION OF OPERATOR PERMIT PROVISIONS › Section 13-251-29 to 13-251-30 - Reserved

Current through June, 2024