Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 1 - GENERAL PROVISIONS › Section 13-104-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context requires
						otherwise:
"Abandoned and unattended property" means any and all
						property, including personal property, items, materials, equipment, fixtures,
						motor vehicles, or vessels that have been left unattended on land owned or
						controlled by the State for a continuous period of more than forty-eight hours
						without the written permission of the board or its authorized
						representative.
"Administrator" means the administrator of the division
						of forestry and wildlife.
"Authorized representative" means the administrator,
						foresters, conservation enforcement officers, and other persons authorized by
						the board to act for the board.
"Board" means the board of land and natural
						resources.
"Camping" or "to camp" means a person's physical presence
						any time one hour after sundown until sunrise in a forest reserve and indicia
						of camping includes the use of a forest reserve one hour after sundown until
						sunrise for living accommodation purposes, including, but not limited to:
						sleeping activities or making preparations to sleep (including the laying down
						of bedding for the purpose of sleeping); storing personal belongings; making
						any fire; the presence or use of any tents, temporary shelters, unauthorized
						structures or vehicles; or digging or breaking ground without proper
						authorization.
"Commercial activity" means the use of or activity in the
						forest reserve for which compensation is received by any person for goods or
						services or both rendered to customers or participants in that use or activity.
						Soliciting, demanding, or requesting gifts, money, or services shall be
						considered commercial activity. Commercial activities include activities with
						base of operations outside the boundaries of the forest reserve, display of
						merchandise, or activities which provide transportation to or from the forest
						reserve.
"Commercial use" is any type of commercial activity which
						is considered compatible with the functions and purposes of each individual
						area, facility, or unit within a forest reserve.
"Compensation" includes but is not limited to, monetary
						fees, donations, barter, or services in-kind.
"Department" means the department of land and natural
						resources.
"Division" means the division of forestry and
						wildlife.
"Forest product" means any natural material from a forest
						reserve, including but not limited to timber, seedlings, seeds, fruits,
						greenery, tree fern, cinder, lava rock, ti leaves, and bamboo.
"Forest reserve" means those lands designated as forest
						reserves by the department pursuant to sections
						183-11
						and
						183-15,
						Hawaii Revised Statutes, and other lands for plant sanctuaries, facilities,
						nurseries, and baseyards under the custody and control of the division.
"Motorized vehicle" means a vehicle of any shape or form
						that depends on a motor (gas, electric, or other fuels) for propulsion.
"Non-motorized vehicle" means a vehicle of any shape or
						form that depends on human, animal, wind, spring, and other non-motorized means
						for propulsion.
"Structure" means any object or improvement constructed,
						installed, or placed on state lands, including but not limited to buildings,
						sheds, lean-tos, picnic tables, memorials, hunting blinds, tree stands, mobile
						homes, campers, trailers; provided that tents, campers, vehicles, and other
						temporary objects related to authorized activities shall not be considered
						structures for the purposes of this definition; provided further that the
						objects are in compliance with rules and regulations governing those activities
						on state lands.
"Tree harvesting" means the removal of live trees from a
						forest reserve.