Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 1 - SCOPE AND DEFINITIONS › Section 13-230-8 - Definitions

Current through June, 2024
When used in these rules promulgated pursuant to chapter
						200, Hawaii Revised Statutes, unless
						otherwise specifically provided or the context clearly indicates
						otherwise:
"Abandon" when applied to animals, means to leave an
						animal at any location, whether intentionally, recklessly, or negligently,
						without the owner intending to return for the animal and without the permission
						of the public or private property owner.
"Adult" means a person who has reached majority.
"Agreement" means the agreement between the boat owner
						and the State as required by section
						13-231-2.
"Anchoring" means to secure a vessel temporarily to
						submerged land by dropping an anchoring device from a vessel.
"Anchoring device" means a device made of metal or
						similar material, attached by rope or chain to a vessel, which can be deployed
						to submerged land to secure the vessel in a particular place.
"Approved" means that a fitting, appliance, apparatus, or
						item of equipment to be fitted or carried in a vessel, or by any particular
						arrangement, is sanctioned by the commandant of the Coast Guard, unless
						otherwise stated by the department.
"Approved backflow prevention device" means a backflow
						prevention device that meets the requirements contained in standard 1001,
						American Society of
Sanitary Engineers or the Uniform Plumbing Code adopted
						by the Uniform Plumbing Code adopted by the International Association of
						Plumbing and Mechanical Officials (IAPMO).
"Approved marine surveyor" means a person who has been
						approved by the chairperson to inspect a vessel for an owner seeking a permit
						to moor a vessel in a small boat harbor in accordance with section
						13-231-45(h) and
						(i).
"Approved vessel inspector" means an employee of the
						department who has been designated by the chairperson to inspect a vessel for
						compliance with criteria necessary to obtain a mooring permit.
"Assigned berth" means a berth that is assigned to a
						permittee by a valid regular mooring permit.
"Background" means that portion of the hull or
						superstructure, or a specially provided backing plate, upon which the numbers
						are placed, but shall not include any border, trim, outlining, or shading of
						the numerals or letters.
"Barge" means a non-self-propelled vessel.
"Berth" means any place where a vessel is anchored,
						moored, or made fast or laid alongside a dock, quay, catwalk, or pier.
"Bicycle" means every device propelled by human power
						upon which any person may ride, having two tandem wheels which are sixteen
						inches in diameter or greater, and including any device generally recognized as
						a bicycle though equipped with two front or two rear wheels.
"Boat" means a small vessel propelled by oars or paddles
						or by sail or power.
"Boat dealer" means a person engaged wholly or partly,
						for gain or compensation, in the business of selling vessels or offering
						vessels for sale, buying or taking in vessels for the purpose of resale, or
						exchanging vessels.
"Boat livery" means a person or entity who is engaged in
						the business of renting, leasing, or chartering vessels.
"Boat manufacturer" means a person engaged in:
(1) The manufacture, construction, or
					 assembly of boats or associated equipment;
(2) The manufacture or construction of
					 components for boats and associated equipment to be sold for subsequent
					 assembly; or
(3) The importation
					 into the United States for sale of boats, associated equipment, or components
					 thereof.
"Boat owner" means the legal owner of a vessel where
						there is no security interest held by anyone on the vessel, a buyer under a
						purchase money security interest, a debtor under any security interest, a
						demise charterer of a vessel, or a lessee or charterer of a vessel under lease
						or charter which provides the lessee or charterer with exclusive right to
						possession of the vessel to the exclusion of the lessor or the person from whom
						the vessel is chartered. The documentation of ownership must meet the
						requirements of section
						13-241-5(c).
"Recreational boating accident":
(1) Means a collision, accident, or other
					 casualty involving:
(A) A person's
					 death;
(B) Complete loss of a
					 vessel;
(C) Damage to a vessel
					 amounting to $2,000 or more;
(D)
					 The disappearance of a person from a vessel under circumstances indicating
					 death or injury to that person; or
(E) The injury to a person requiring medical
					 treatment beyond first aid.