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 6 - WAIKIKI AND KAANAPALI BEACH AND OCEAN WATERS › Section 13-251-58 - Kaanapali beach and ocean waters

Current through June, 2024
(a) This section
					 shall not apply in the event of an emergency, to law enforcement or rescue
					 craft, to vessels participating under a valid ocean waters permit issued by the
					 department, or to Hawaiian design canoes engaged in crew training. The
					 Kaanapali beach and ocean waters are shown on Exhibit "2", dated May 1, 2012,
					 located at the end of this subchapter and incorporated herein. The boundaries
					 are as follows:
Beginning at a point on the northern end of Kaanapali
						Beach and ocean waters located at 20°57'8.86"N, 156°41'33.68"W; then
						shoreward to the mean high water mark at 20°57'2.72"N, 156°41'25.33"W;
						then southward to the mean high water mark of the extended centerline of
						Wahikuli Road at 20°53'42.57"N, 156°41'6.44"W; then seaward to
						20°53'42.75"N, 156°41'16.44"W; then north generally running parallel to
						the beach at 20°54'2.64"N, 156°41'16.43"W; then to 20°54'31.48"N,
						156°41'32.99"W; then to 20°54'42.94"N, 156°41'51.26"W; then to
						20°54'58.87"N, 156°41'58.32"W; then seaward of Black Rock at
						20°55'40.15"N, 156°41'58.14"W; then to 20°56'11.79"N,
						156°41'44.21"W; then to 20°56'52.51"N, 156°41'41.88"W; then to the
						point of beginning.
(b)
					 Restrictions.
(1) No person shall navigate
					 any vessel at a speed in excess of "slow no wake" (five (5) miles per hour)
					 within 500 feet of the shoreline;
(2) No person shall navigate a motorboat
					 within 200 feet of the shoreline, or designated swimming area, or within one
					 hundred feet of a diver's flag, nor shall any person navigate a commercial
					 motorized vessel within 500 feet of the shoreline except within a designated
					 ingress/egress corridor. Notwithstanding this paragraph, vessels engaged in
					 fishing outside the designated ingress/egress corridors are exempt from the
					 200-foot shoreline restriction, provided that designated swimming areas are
					 approached with caution and due care;
(3) No person shall navigate a motorized
					 vessel within 300 feet of a vessel engaged in fishing;
(4) A vessel engaged in fishing shall not
					 impede the passage of any vessel passing through a designated ingress/egress
					 corridor;
(5) No person shall
					 anchor or moor a vessel, barge, platform, or raft within 200 feet of the
					 shoreline or a designated ingress/egress corridor; and
(6) No person shall navigate or moor a vessel
					 engaged in commercial use unless the vessel has been registered and the owner
					 has a valid permit issued in accordance with this chapter; however, commercial
					 vessels solely transiting through the Kaanapali ocean waters shall not be
					 required to be registered or have a commercial permit.
(7) Vessels holding a valid ocean recreation
					 management area commercial use permit may use a state small boat harbor or boat
					 launching ramp when winds are in excess of 25 miles per hour and/or during
					 periods of high surf warnings as indicated by the National Weather Service
					 would prevent safe access to the shoreline through a designated ingress or
					 egress zone;
(8) The vessel
					 operator or master shall afford the department prior notice of the presence or
					 threat of such conditions and shall be subject to local direction and control
					 as necessary to avoid conflict with other users of the facility; and
(9) Use of a state boating facility in
					 accordance with this section shall not affect the permittee's right to use such
					 boating facilities in the absence of such conditions as permitted by
					 law.