Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 3 - NA ALA HELE › Chapter 130 - RULES FOR HAWAII STATEWIDE TRAIL AND ACCESS PROGRAM (as amended November 15, 2003) › Subchapter 1 - GENERAL PROVISIONS › Section 13-130-2 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise provided or
						required by context:
"Access" means an easement, route, way, or portion
						thereof, one which the general public has the right to travel; and which is
						used, or has been used by the general public, or is intended for use by the
						general public, primarily to reach or to depart a public beach, shore, park
						trail, forest, historic or cultural site, or other public area. It includes a
						lateral way along the shoreline, coastline, or beach.
"Administrator" means the administrator of the division
						of forestry and wildlife, department of land and natural resources, or an
						authorized representative.
"Authorized representative" means a person designated to
						act for the board, the chairperson, or the administrator, including Na Ala Hele
						program staff, foresters and biologists, district land agents, conservation
						enforcement officers, and other persons.
"Bicycle" means any type of non-motorized bicycle
						including mountain bikes.
"Board" means the board of land and natural resources or
						its authorized representative.
"Camping" means being in the possession of a backpack,
						tents, blankets, tarpaulins, or other obvious camping paraphernalia, any time
						after one hour after sundown until sunrise along a program trail or
						access.
"Chairperson" means the chair of the board of land and
						natural resources or an authorized representative, except when referring to an
						advisory council chairperson pursuant to Subchapter
						2.
"Commercial" or "commercial purpose" means the receipt
						of compensation by any person for services rendered to customers or
						participants in conjunction with a use of or activity on a program trail or
						access, which compensation is in excess of actual expenses incurred in the
						pursuit of the use or activity. Any person receiving compensation in
						conjunction with a use of or activity on a program trail or access who seeks to
						qualify as non-commercial shall have the burden of establishing to the
						satisfaction of the department through a written agreement that any fee or
						charge is strictly a sharing of the actual expenses of the use or activity. A
						not-for-profit organization that charges only a nominal fee to cover
						administrative cost and conducts activity on a program trail or access at a
						frequency or magnitude that does not significantly contribute to the
						degradation of the trail or access is not commercial.
"Commercial activity" means an activity on a program
						trail or access for commercial purposes, including, but not limited to,
						conducting tours, hikes, bicycle rides, equestrian rides, off-road vehicle
						rides and providing guide services. Commercial activity include activities
						whose base of operations are outside the boundaries of the program trail or
						access, but that rent equipment or livestock for use on a program trail or
						access, or provide transportation to or from program trails and
						accesses.
"Compensation" includes, but is not limited to, monetary
						fees, barter, or services in-kind.
"Course maintained for travel" means the area within a
						trail or access corridor that is paved, leveled, or otherwise improved for
						transport or travel, or that is marked as the path for transport or
						travel.
"Department" means the department of land and natural
						resources or its authorized representative.
"Division" means the division of forestry and wildlife,
						department of land and natural resources.
"Equestrian" means horses, mules, and any other animals
						used to ride or used to transport food, equipment, or cargo.
"Inventoried trails" mean trails and accesses that are
						included in the Na Ala Hele Program inventories.
"Mode of transport or travel" means any method used to
						move humans along trails, including, but not limited to, walking, running,
						bicycling, skating, skate boarding, roller blading, riding equestrian animals,
						motorcycles, trucks, and automobiles.
"Motorized vehicle" means a vehicle of any shape or form
						that depends on a motor (gas, electric, or other fuels) for propulsion.
"Na Ala Hele" means the statewide trails and access
						program authorized by chapter
						198D, Hawaii Revised
						Statutes.
"Non-motorized vehicle" means a vehicle of any shape or
						form that depends on human, animal, wind, spring, or other non-motorized means
						for propulsion.
"Open fire" means a fire that does not emanate from a
						device that utilizes a refined fuel source such as propane or gasoline.
"Person" includes, but is not limited to, an individual,
						firm, partnership, corporation, trust, association, joint venture,
						organization, institution, or other entity.
"Post" means the placement of any sign restricting, or
						conditioning, or advising regarding the use of a program trail or
						access.
"Program access" are the accesses designated pursuant to
						subchapter 3.
"Program trails" are the trails and accesses designated
						pursuant to subchapter 3, as amended. Program trails consist of a corridor
						which includes the course maintained for travel plus adjacent land, if any,
						that is subject to a right of way, license, memorandum of agreement, or any
						other agreement with another public agency or a private landowner pertaining to
						the use or disposition of the land for a program trail or access.
"Residing" means being on the same trail or access or
						any portion thereof for more than three continuous days.
"Service Animal" includes any animal individually
						trained to do work or perform tasks for the benefit of an individual with a
						disability.
"Spark arrester" means a device constructed of
						nonflammable materials specifically for the purpose of removing and retaining
						carbon and other flammable particles over 0.0232 of an inch in size from the
						exhaust flow of an internal combustion engine that is operated by hydrocarbon
						fuels.
"Special event" means a use that is compatible with the
						functions and purposes of a program trail or access, or trail segment, but
						which is in the nature of an event and requires exclusive use of an area for a
						limited period of time. Special uses include, but are not limited to, meetings,
						weddings, races, concerts, shows, other community events or activities, and
						scientific collection of plants and animals.
"Trail" means an identifiable linear course or portion
						thereof which has been used, is used, or is intended for use by the general
						public primarily for a recreational, educational, traditional, or inspirational
						experience to traverse, reach or to depart a public beach, shore, park, forest,
						historic or cultural site, or other public area. "Trail" also includes "access"
						when the context does not preclude such an interpretation.
"Wheelchair" means a mobility aid used primarily by
						individuals with disabilities.