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 256 - OCEAN RECREATION MANAGEMENT RULES AND AREAS › Subchapter 2 - NORTH SHORE KAUAI OCEAN RECREATION MANAGEMENT AREA › Section 13-256-39 - Hanalei Bay ocean waters, general restrictions

Current through June, 2024
(a) Hanalei
					 Bay ocean waters means all ocean waters and navigable streams confined by the
					 boundaries shown on Exhibit "C" dated December 1, 2010, located at the end of
					 this subchapter and incorporated herein, and described as follows:
Beginning at a point on the shoreline at the
						northernmost tip of Makahoa Point on the western end of the bay, thence along a
						straight line drawn tangent to the shoreline of Puu Poa Point on the eastern
						end of the bay, thence clockwise along the shoreline, including the banks of
						all navigable streams to the upper limit of tidal influence, to the point of
						beginning.
(b) In addition
					 to all federal, state, and county laws, rules, and ordinances, the following
					 restrictions shall apply to all activities in Hanalei Bay ocean waters.
(1) No person shall operate a vessel at a
					 speed in excess of "slow-no-wake" within five hundred feet of the shoreline, an
					 ingress/egress zone, designated mooring area, or on the Hanalei
					 River.
(2) No person shall navigate
					 a motorboat within three hundred feet of a diver' s flag or a designated
					 swimming area. Vessels thirty feet or less overall engaged in fishing are
					 exempt from the three-hundred foot shoreline restriction, except that they may
					 not enter designated swimming areas.
(3) No person shall anchor or moor a vessel,
					 raft, barge, platform or other contrivance except within the designated mooring
					 area.
(4) No fishing vessel longer
					 than thirty feet overall may engage in fishing except by pole and line within
					 Hanalei Bay ocean waters.
(5) No
					 commercial vessel shall load or unload passengers in Hanalei Bay ocean waters
					 or the lands adjacent thereto without a permit issued by the department and
					 approval by the County of Kauai. All vessels authorized to load and unload
					 passengers in Hanalei Bay ocean waters or the lands adjacent thereto shall
					 travel to and from the beach only through a designated ingress/egress
					 zone.
(6) The department may issue
					 up to five (5) commercial use permits for the use of self-propelled vessels to
					 load and unload passengers at Hanalei Bay. Priority for the initial issuance of
					 permits under this 2011 amendment shall be given to the persons that held a
					 commercial use permit and operated under said permit in November 2000 for
					 Hanalei Bay ocean waters. Through attrition of these initial five permittees,
					 the maximum number of permits issued shall be reduced to three (3) permits.
					 Permits shall be limited to passenger vessels certified by the Coast Guard to
					 carry twenty-five or fewer passengers, and each permit shall authorize the
					 carrying of no more than thirty passengers daily.
(7) The department may issue up to two (2)
					 commercial use permits for the Hanalei launch ramp for the purpose of
					 conducting guided kayak tours in Hanalei Bay ocean waters. The maximum number
					 of passenger kayaks per trip per permit shall not exceed (8), and no more than
					 thirty passengers shall be allowed per day under each permit. A guide kayak
					 shall be required for each group of eight passenger kayaks. Priority for the
					 initial issuance of permits under this 2011 amendment shall be given to the
					 operators that held a commercial use permit in November 2000 for Hanalei Bay
					 ocean waters to conduct kayak tours.
(8) No commercial water sports instruction or
					 tours may be conducted in the Hanalei Bay ocean waters from the adjacent
					 beaches without a permit from the department and approval by the County of
					 Kauai. The department may issue a total of up to eight (8) permits for
					 commercial water sports instruction within the Hanalei Bay ocean waters,
					 including surfing and stand-up paddle boarding. Each permit shall authorize one
					 instructor per day to conduct water sports instruction. The instructor shall
					 have no more than four students at any given time. The instructor shall have a
					 minimum of three (3) years surfing experience and possess a current Red Cross
					 advanced life saving certificate. The department may designate the site of
					 instruction at Hanalei Bay and hours of operation for each permittee, and may
					 change the site whenever such changes is found by the department to be
					 necessary. For the purpose of this section, commercial water sports instruction
					 or tours include, but are not limited to, commercial kayak tours, canoe rides,
					 diving, snorkeling, parasailing, surfing, sailboarding and other water-related
					 recreational activities.