reglab/statecodes huggingface dataset:
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 2 - RULES GOVERNING KAILUA BAY OCEAN WATERS › Section 13-254-8 - Exceptions

Current through June, 2024
The restrictions cited in section
						13-254-7 may be waived by the
						chairperson of the board of land and natural resources for certain public
						events. The restrictions cited in section
						13-254-7 shall not apply in cases
						of emergencies nor to authorized personnel on duty for the safety and
						protection of the general public.
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 3 - RULES GOVERNING BRENNECKE BEACH OCEAN WATERS › Section 13-254-9 - Definition

Current through June, 2024
"Brennecke beach ocean waters" means the portions of
						Poipu ocean waters shown on Exhibit "I", June 1, 1981, and located at the end
						of this chapter, and more particularly described as follows:
(1) Beginning at a point where the mean high
					 water mark intersects a seaward prolongation of the east boundary of Maa
					 Road;
(2) In the Poipu Beach Park
					 direction along the mean high water mark to the tip of the rocky point opposite
					 the southeast corner of Poipu Beach Park; and
(3) Along a straight line to, and ending at
					 the point of beginning.
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 3 - RULES GOVERNING BRENNECKE BEACH OCEAN WATERS › Section 13-254-10 - Restricted area

Current through June, 2024
The Brennecke Beach ocean waters are primarily reserved
						for bathing, swimming, and body surfing subject to restrictions prescribed in
						these rules.
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 3 - RULES GOVERNING BRENNECKE BEACH OCEAN WATERS › Section 13-254-11 - Restrictions

Current through June, 2024
No person shall operate a surfboard or paipo board in
						the restricted area of the Brennecke Beach ocean waters.
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 3 - RULES GOVERNING BRENNECKE BEACH OCEAN WATERS › Section 13-254-12 - Exceptions

Current through June, 2024
Section
						13-254-11 shall not apply
						to:
(1) The operation of surfboards
					 and paipo boards in connection with public surfriding events for which the
					 chairperson of the board of land and natural resources may grant permission in
					 writing;
(2) Emergencies;
					 and
(3) Authorized personnel on
					 duty to protect the health and safety of the general public.
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 4 - RULES GOVERNING POINT PANIC OCEAN WATERS › Section 13-254-13 - Definition

Current through June, 2024
"Point Panic ocean waters" means the portion of Kewalo
						ocean waters confined by the boundaries shown on Exhibit "J", May 12, 1998, and
						located at the end of this chapter, which boundaries are described as
						follows:
(1) Beginning at a point
					 where the mean high water mark intersects a seaward prolongation of the west
					 boundary of Ahui Street;
(2) In a
					 Diamond Head direction along the mean high water mark to the point where the
					 mean high water mark intersects the west boundary of the Kewalo Basin
					 seawall;
(3) To a point one hundred
					 yards seaward on a prolongation of the Kewalo Basin seawall;
(4) In an ewa direction on a straight line at
					 right angles to the seaward prolongation of the Kewalo Basin seawall to a point
					 where the line intersects a seaward prolongation of the west boundary of Ahui
					 Street; and
(5) Along a straight
					 line in a shoreward direction to, and ending at the point of
					 beginning.
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 4 - RULES GOVERNING POINT PANIC OCEAN WATERS › Section 13-254-14 - Restrictions

Current through June, 2024
Handboards, without skegs, are the only wave riding
						board allowed in the point panic ocean waters, as provided in section
						13-254-13 and showggpn Exhibit J,
						"Point Panic Ocean Waters," dated May 12,1998.
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 4 - RULES GOVERNING POINT PANIC OCEAN WATERS › Section 13-254-15 - Exceptions

Current through June, 2024
Section
						13-254-14 shall not apply
						to:
(1) The operation of surfboards in
					 connection with public surfriding events which the chairperson of the board of
					 land and natural resources may grant permission in writing;
(2) Emergencies; and
(3) Authorized personnel on duty to protect
					 the health and safety of the general public.
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 4 - RULES GOVERNING POINT PANIC OCEAN WATERS › Exhibit F

Current through June, 2024
Click Here To View
						Exhibit F
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 4 - RULES GOVERNING POINT PANIC OCEAN WATERS › Exhibit G

Current through June, 2024
Click Here To View
						Exhibit G
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 4 - RULES GOVERNING POINT PANIC OCEAN WATERS › Exhibit H

Current through June, 2024
Click Here To View
						Exhibit H
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 4 - RULES GOVERNING POINT PANIC OCEAN WATERS › Exhibit I

Current through June, 2024
Click Here To View
						Exhibit I
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 254 - LOCAL OCEAN WATERS AND BEACHES › Subchapter 4 - RULES GOVERNING POINT PANIC OCEAN WATERS › Exhibit J

Current through June, 2024
Click Here To View
						Exhibit J
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 255 - WAIKIKI BEACH › Section 13-255-1 - Purpose and scope

Current through June, 2024
The purpose of these rules is to further the public
					 interest and welfare and to promote safety by keeping Waikiki Beach, as defined
					 in section
					 13-255-6,
					 free and clear of business activities and obstructions and open for the use of
					 the public as a bathing beach and for passing over and along by
					 foot.
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 255 - WAIKIKI BEACH › Section 13-255-2 - Interpretation

Current through June, 2024
If any section of these rules is inconsistent with any act
					 of the Congress of the United States or any rule, or standard established
					 pursuant thereto, the section shall be construed to be superseded or governed
					 thereby. Nothing contained in these rules shall be construed to limit the
					 powers of any state department or agency. These rules shall be construed
					 liberally and consistent with the purpose stated in section
					 13-255-1.
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 255 - WAIKIKI BEACH › Section 13-255-3 - Severability

Current through June, 2024
These rules are declared to be severable and if any
					 portion or the application thereof to any person or property is held invalid
					 for any reason, the validity of the remainder of these rules or the application
					 of the remainder to other persons or property shall not be
					 affected.
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 255 - WAIKIKI BEACH › Section 13-255-6 - Waikiki Beach uses and activities; restrictions

Current through June, 2024
(a) "Waikiki
				  Beach" as used in this chapter means any and all lands along the shores of the
				  island of Oahu from the Diamond Head boundary of the Elks Club (Tax Map Key No.
				  3-1-32-6 ) to the Diamond Head boundary of Fort DeRussy (Tax Map Key No. 2-6-05
				  ), seaward of line "A" as shown on exhibit "A", entitled "Line 'A' ", and
				  described in exhibit "B", entitled "Line 'A' ", dated July 13, 1965, and
				  located at the end of this chapter, over which the State of Hawaii now has or
				  hereafter acquires an easement for the use of the public as a bathing beach and
				  for passing over and along by foot.
(b) Permitted activities. Waikiki Beach is
				  open to public use for sunbathing, foot traffic, swimming, and other activities
				  which, when engaged in, will not unduly disrupt others from enjoying the
				  beach.
(c) Business operations,
				  soliciting prohibited. No person shall engage in, conduct, transact, or solicit
				  business of any kind on or at Waikiki Beach.
(d) Storage, parking, and display prohibited.
				  No person shall store, park, moor, place, or display any thing or personal
				  property on or at Waikiki Beach for the purpose of engaging in, conducting,
				  transacting, or soliciting business of any kind; provided that an outrigger
				  canoe or sailing catamaran registered by the department pursuant to Hawaii
				  ocean waters and shores rules may be placed, moored, or anchored below the mean
				  high water mark.
(e) Structures and
				  obstructions prohibited. No person shall construct, erect, place, deposit, or
				  set up any building, structure, booth, wall, obstruction, or any improvement of
				  any kind, whether temporary, portable, or permanent in nature, on or at Waikiki
				  Beach, except such as may be approved by the department for sporting events,
				  public safety, or for beach construction, repairs, preservation, or cleaning.
				  In addition to any other available remedies, the department may remove, raze,
				  or demolish the same wherever found at Waikiki Beach.
(f) Ball, etc., playing and kite flying
				  prohibited. No person shall throw, cast, catch, kick, or strike any type of
				  ball, frisbee, or other similar object while on or at Waikiki Beach. No person
				  shall fly a kite of any kind while on or at Waikiki Beach.
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 255 - WAIKIKI BEACH › Section 13-255-7 - Penalties

Current through June, 2024
Any person who is guilty of violating these rules shall be
					 fined not more than $10,000 as provided in section
					 200-14,
					 Hawaii Revised Statutes.
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 255 - WAIKIKI BEACH › Section 13-255-8 - Powers of arrest

Current through June, 2024
Any law enforcement officer or any duly authorized
					 employee, agent, or representative of the department who observes any violation
					 by any person of these rules may forthwith arrest the person without a
					 warrant.
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 255 - WAIKIKI BEACH › Section 13-255-9 - Taking legal custody of property

Current through June, 2024
As incident to a lawful arrest, the arresting authority
					 may take legal custody of any personal property which is the subject of or
					 related to any violation of these rules. The property may be released only upon
					 approval by the court which has jurisdiction of the case.
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 255 - WAIKIKI BEACH › Section 13-255-10 - Attorney general

Current through June, 2024
The attorney general may bring appropriate proceedings to
					 enjoin the continuance of any act or omission in violation of these
					 rules.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-1 - Purpose and Scope

Current through June, 2024
(a) The purpose of these rules is to reduce
					 conflicts among ocean water users, especially in areas of high activity. The
					 department has designated ten "Ocean Recreation Management Areas", which are
					 described in subchapters
					 2 through
					 11, of this chapter.
(b) All other waters of the state within
					 three thousand feet seaward of the base line of the territorial sea are
					 established as non-designated ocean recreation management areas subject to this
					 chapter.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-2 - Interpretation

Current through June, 2024
(a) If any section of these rules is
					 inconsistent with any law of the State of Hawaii, or any laws of the United
					 States, or any rule, or standard established pursuant to federal law, the State
					 law or federal law, rule or standard shall govern. Nothing contained in these
					 rules shall be construed to limit the powers of any department or agency of the
					 state.
(b) These rules shall be
					 construed liberally, consistent with the purpose stated in section
					 13-256-1.
(c) In areas designated
					 for a specific use, if another use is not specifically restricted, that use is
					 presumed to be allowed in addition to the use for which the area is designated,
					 unless otherwise prohibited by this chapter.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-3 - Commercial use permit or catamaran registration certificate requirements

Current through June, 2024
All operators of commercial vessels, water craft or water
						sports equipment or activities conducting commercial tours or instruction on
						State ocean waters must obtain a commercial use permit or where applicable a
						catamaran registration certificate to be issued by the department, except for
						those operating out of a state commercial harbor. The applicant for such permit
						shall comply with the applicable provisions stated in sections
						13-231-50 to
						13-231-70.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-4 - Commercial vessel and water sports equipment registration requirements

Current through June, 2024
(a) All commercial vessels, water craft or
					 water sports equipment shall be registered with the department lor commercial
					 use in compliance with sections 13-231-50 to 13-231-70.
(b) Commercial use permits issued by the
					 department for commercial vessels operating from state harbors or boating
					 facilities are exempt from the requirements of this section.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-5 - Commercial use permits; public auction

Current through June, 2024
(a) Unless
					 otherwise provided by law, all commercial use permits issued by the department
					 under this chapter for thrill craft or parasail operations may be made at
					 public auction under sealed bid after public notice.
(b) Before any prospective bidder is entitled
					 to submit a bid for a commercial use permit, the prospective bidder shall, not
					 less than six calendar days prior to the day designated for opening bids, give
					 written notice of its intention to bid to the officer charged with issuing the
					 commercial use permits. Each prospective bidder shall submit answers, under
					 oath, to questions contained in a questionnaire, provided by the department,
					 setting forth a complete statement of the experience, competence and financial
					 standing of the prospective bidder. The names and the number of persons who
					 have submitted a notice of intention to bid shall not be divulged. Information
					 contained in the answers to the questionnaire shall remain confidential, and
					 any government officer or employee who knowingly divulges or permits to be
					 divulged any such information to any person not fully entitled thereto shall be
					 fined not more than $250. A questionnaire so submitted shall be returned to the
					 bidder after having served its purpose.
(c) Advertisement for bids. Publication of a
					 call for tenders shall be made not less than three times on not less than three
					 different days in a newspaper of general circulation printed and published
					 within the State and in a newspaper of general circulation published in the
					 county in which the designated area is located. The first publication shall be
					 not less than three weeks prior to the date designated for the opening of
					 tenders. Notice of the call for tenders shall contain the following:
(1) Location where the bid questionnaire is
					 available;
(2) Time and place of
					 the opening of tenders;
(3) General
					 description of the designated area;
(4) Specific use for which the commercial use
					 permit is intended; and
(5) The
					 upset price as established by the department. Unless a higher amount is
					 specified for a specific commercial use permit the annual upset price shall be
					 $900, which is the monthly charge of $75. If the commercial use permit is
					 located within an area which requires less than twelve months of operation, the
					 upset price shall be adjusted accordingly.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-6 - Transferability of commercial use permits

Current through June, 2024
(a) A commercial
					 use permit issued to an individual is nontransferable, so that whenever the
					 permittee parts with possession or transfers the title to or interest in the
					 vessel identified in the commercial use permit to another person or business
					 entity by any arrangement, the commercial use permit shall expire. The new
					 possessor, transferee, or owner of the vessel shall have no right to use the
					 commercial use permit. Notwithstanding the prohibition of individuals
					 transferring commercial use permits, the department will allow the one-time
					 transfer of ownership of the vessel from personal ownership to corporate or
					 other business ownership without terminating the rights to operate the
					 commercial vessel under the commercial use permit.
(b) The following rights, conditions, and
					 restrictions apply to commercial use permits issued to a corporation or other
					 business entity.
(1) Any person owning an
					 interest in a corporation or other business entity possessing a valid
					 commercial use permit issued by the department may transfer any or all stock or
					 other interest to another person without terminating the right of the
					 corporation or business entity to retain or renew its commercial use permit;
					 provided that the corporation or business entity has been engaged in the same
					 commercial vessel activity for a minimum of one year and provided that the
					 department is notified within 7 days of the transfer of all transactions that
					 amount to a transfer of the stock or interest, as defined in section 13-256-7
					 in the corporation or business entity by the owners of record.
(2) The business transfer fee must be paid
					 before any transfer is permitted.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-7 - Business transfer fee

Current through June, 2024
(a) Whenever a
					 stockholder or owner of an interest in a corporation or other business which
					 has been issued a commercial use permit sells or transfers stock or interest in
					 the corporation, either as a single transaction or as aggregate of several
					 transactions, to any person or business entity who is not a stockholder or
					 owner of record on February 24, 1994, the seller or person transferring such
					 stock or interest shall pay to the department a business transfer fee which is
					 the greater of:
(1) Two per cent of the gross
					 receipts which are directly attributable to the use of the commercial use
					 permit issued by the department for the twelve month period prior to the date
					 of sale; or
(2) Ten per cent of the
					 net value of the sale of the stock or interest in the business as determined by
					 the difference between the sale price and an equal percentage of the appraised
					 value of the assets of the business.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-8 - Owner required to report change in ownership, address and other changes

Current through June, 2024
In addition to the provisions in section
						13-251-44,
						the holder of any commercial use permit issued under this chapter shall notify
						the department in writing within seven days if:
(1) The owner no longer has possession of the
					 permitted vessel or water sports equipment; or
(2) All or any interest in the permitted
					 vessels or water sports equipment is transferred to or assigned to another
					 person or business entity as defined in these rules; or
(3) The owner's address or telephone number
					 changes.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-9 - Insurance

Current through June, 2024
The insurance requirements for commercial vessels shall
						be not less than $50,000 for property damage and not less than $500,000
						personal liability for vessels authorized to carry one to twenty-five
						passengers, and not less than $1,000,000 for personal liability for vessels
						authorized to carry more than twenty-five passengers. The liability insurance
						shall name the State as additional insured.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-10 - Revocation

Current through June, 2024
(a) The department may immediately revoke a
					 commercial use permit without the necessity for a hearing for any activity
					 which does or may endanger the health or safety of passengers or the
					 public.
(b) The department may
					 revoke a commercial use permit for violation of any rules of the department if
					 after 72 hours notice of the violation by the department the permittee fails to
					 cure the violation.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-11 - Fees

Current through June, 2024
(a) Fees required to be paid to the
					 department are as follows:
(1) Registration
					 fee. A registration fee payable at time of issuance and renewal shall be as
					 prescribed in section 13-253-1;
(2)
					 Operator permit fee. A commercial operator permit fee payable at time of
					 issuance and or renewal of the permit shall be as prescribed in §
					 13-253-2;
(3) Commercial operating
					 area use permit fee. A monthly commercial use permit fee shall be the greater
					 of $75.00 per month, payable in advance, or 2% of the monthly gross receipts.
					 The report of gross receipts shall be submitted to and received by the
					 department not later than the end of the month following the month covered by
					 the report and shall be submitted on a form acceptable to the department. A
					 permittee possessing both a harbor commercial use permit and a commercial
					 operating area use permit who is paying 2% of gross receipts under the
					 commercial harbor use permit shall not be required to pay an additional 2% of
					 gross receipts under the commercial operating area use permit.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-12 - Gross receipts

Current through June, 2024
Each commercial permittee shall be responsible for
						submitting to the department a monthly statement of its gross receipts.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-13 - Mooring of rafts and platforms

Current through June, 2024
Except as permitted by the department, permanent or
						temporary mooring of rafts and platforms for use in thrill craft, parasailing
						and other water sports activities is prohibited. Rafts and platforms shall be
						removed daily from State waters or located in a designated anchorage or harbor
						in accordance with a valid permit issued by the department. Ground tackle for
						mooring of rafts and platforms shall not be placed on live
						coral.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-14 - Safety and enforcement

Current through June, 2024
The restrictions cited in this chapter shall not apply
						in the event of an emergency, to law enforcement or rescue craft, or to vessels
						participating under a valid ocean waters event permit issued by the department
						or the U.S. Coast Guard.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-15 - Commercial vessel shoreline access

Current through June, 2024
No commercial vessel shall land, embark or discharge
						passengers at any state or county facility, or at other public beaches except
						for locations at which the permittee has been issued an appropriate permit by
						the department or a lease or permit by the board of land and natural resources
						or a county, or within designated ingress/egress zones.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-16 - Thrill craft operations; general provisions

Current through June, 2024
(a) No person under
					 fifteen years of age shall operate a thrill craft. No person shall permit, or
					 mislead another person into permitting, a person under fifteen years of age to
					 operate a thrill craft.
(b) No
					 person shall operate thrill craft within a marine life conservation district or
					 marine natural area reserve.
(c)
					 Thrill craft operations shall be curtailed in certain designated areas as
					 described in subchapters two through eleven as necessary, to:
(1) Avoid possible adverse impacts on
					 humpback whales or other protected marine life;
(2) Provide for increased public
					 access;
(3) Reduce user conflicts;
					 and
(4) Promote overall public
					 safety.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-17 - Recreational thrill craft operations

Current through June, 2024
(a) Access to and
					 from designated recreational thrill craft operating areas shall be by the most
					 direct route consistent with safety considerations. Thrill craft operators
					 shall not exceed a speed of slow-no-wake when within three hundred feet of the
					 shoreline.
(b) Thrill craft
					 operation shall be prohibited in state waters surrounding the islands of
					 Kahoolawe, Lanai, Molokai and Niihau. In all other non-designated ocean
					 recreation management areas of state waters, recreational thrill craft may
					 operate seaward of five hundred feet from the shoreline or the outer edge of
					 the fringing reef whichever is greater.
(c) In designated ocean recreation management
					 areas, recreational thrill craft may operate only within locations designated
					 for recreational thrill craft use.
(d) No thrill craft shall be operated for
					 profit or gain in a recreational thrill craft operating area.
(e) Recreational thrill craft may gain access
					 to state waters only from launching or harbor facilities or from private
					 beachfront property.
(f) The State
					 may exempt thrill craft from the requirements of this section, and allow thrill
					 craft to operate outside of designated thrill craft areas, as described in
					 subchapters two through eleven, conditioned upon application for, and receipt
					 of, a miscellaneous use permit pursuant to section
					 13-231-3(a)
					 (8).
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-18 - Commercial thrill craft operations, commercial high speed boating and water sledding operations

Current through June, 2024
(a) No commercial
					 thrill craft, high speed boating or water sledding activities shall be
					 conducted on the waters of the State unless the owner has applied for and been
					 issued a commercial operating area use permit for a designated commercial
					 thrill craft, high speed boating or water sledding operating area, in addition
					 to any commercial use permit required for state-owned facilities. No more than
					 one commercial operating area use permit shall be issued to an owner to conduct
					 commercial thrill craft, high speed boating or water sledding.
(b) Commercial thrill craft are limited to
					 operating within a two hundred foot radius of the permitted designated location
					 except as otherwise designated. The number of thrill craft permitted to operate
					 within each commercial thrill craft operating area shall be as directed by the
					 department, not to exceed a limit of six rental units and two safety units per
					 area.
(c) No more than one vessel
					 shall be permitted to operate under a commercial operating area use permit
					 issued for high speed boating or water sledding.
(d) Access to and from designated areas shall
					 be only from harbors and ramp facilities, or areas designated by a valid
					 conservation district use permit issued by the Department of Land and Natural
					 Resources or areas designated by the Department.
(e) Commercial thrill craft, high speed
					 boating and water sledding operators shall proceed at a speed of slow-no-wake,
					 or as otherwise posted, by the most direct route consistent with safety
					 considerations. Thrill craft, high speed boating and water sledding operators
					 shall not exceed a speed of slow-no-wake when within three hundred feet of the
					 shoreline.
(f) No other activity is
					 permitted in designated commercial thrill craft operating areas or recreational
					 and commercial water skiing or water sledding areas during the time of
					 authorized operations for safety purposes.
(g) Commercial thrill craft operators shall
					 be required to establish a safety instruction program for customers that
					 includes, but is not limited to, the safe use of a thrill craft, boundaries of
					 operating areas and the use of a personal flotation device.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-19 - Parasailinq activities

Current through June, 2024
(a) Parasailing
					 operators shall comply with rules and regulations promulgated by the U. S.
					 Coast Guard in addition to the following provisions:
(1) All parasailing vessels shall have access
					 to designated areas only from harbors or ramp facilities by the most direct
					 route consistent with safety considerations.
(2) No commercial parasailing vessel shall
					 operate on the waters of the State unless the owner has applied for and been
					 issued a commercial operating area use permit for a designated parasail
					 operating area, in addition to any commercial use permit required for
					 state-owned facilities.
(3) No
					 operator shall be issued more than one commercial operating area use permit for
					 a designated parasailing operating area.
(4) No permittee shall be allowed to operate
					 more than one parasail vessel with a parasail aloft in the designated
					 parasailing operating area.
(5) No
					 parasailing vessel shall be engaged in parasailing activities while it is
					 within three hundred feet of the shoreline or any marked channel
					 entrance.
(6) All parasail vessels
					 shall carry at least one crew member in addition to the captain whose duty it
					 shall be to observe the passenger in the chute.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-20 - Windsurfing

Current through June, 2024
(a) Windsurfing activity shall be governed by
					 the provisions of this chapter.
(1)
					 Ingress/egress to the shoreline shall be made by the most direct route dictated
					 by wind conditions.
(2) Maneuvering
					 shall be in accordance with rules of the road pertaining to sailing vessels.
					 (Navigation Rules, COMDTINST M16672.2B. Rule 12)
(3) Sailboard operators shall approach no
					 closer than two hundred feet to a dive flag, indicating dive activity in
					 progress.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-21 - Ultralight float equipped aircraft

Current through June, 2024
(a) For the purpose
					 of this section, ultralight or experimental float equipped aircraft means an
					 ultralight or experimental aircraft as defined by section
					 13-230-8.
(b) The takeoff, landing, and inflight
					 portions of all ultralight or experimental float equipped aircraft operations
					 on or above any ocean recreation management area shall be governed by Parts 91
					 and 103 of the Federal Aviation Regulations, which are incorporated by
					 reference. No person shall operate an ultralight or experimental float equipped
					 aircraft in a careless or reckless manner so as to endanger the life or
					 property of another.
(c) The
					 operator of any aircraft designed to maneuver on the water shall abide by all
					 rules governing the operation of motorized vessels during the launching,
					 retrieval, and taxi. No person shall operate an ultralight or experimental
					 aircraft registered as an experimental or ultralight aircraft by the Federal
					 Aviation Administration when operating within a designated ocean recreation
					 management area while carrying passengers for hire.
(d) The use of shuttle vessels in support of
					 ultralight or experimental float equipped aircraft operations is prohibited on
					 the ocean waters of the State, except for small watercraft carried aboard the
					 aircraft.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-22 - Tow-in surfing

Current through June, 2024
(a) The State
					 assumes no responsibility or liability associated with tow-in
					 surfing.
(b) Only thrill craft may
					 be used for tow-in surfing.
(c) All
					 thrill craft being used for tow-in surfing shall be recorded with the
					 department using forms provided by the department.
(d) Tow-in surfing decals shall be provided
					 at the time the vessel is recorded with the department and shall be required to
					 be prominently displayed on the front half of the vessel.
(e) Thrill craft not recorded with the
					 department for tow-in surfing are prohibited from displaying a tow-in surfing
					 decal.
(f) Effective September 1,
					 2004, both the thrill craft operator and surfer, who engage in, or operate a
					 thrill craft for tow-in surfing, shall be required to possess, and make
					 available upon demand of enforcement personnel, a certificate of completion
					 from an accredited institution of higher education in Hawaii on the safe use
					 and operation of a thrill craft in high surf, that includes but is not limited
					 to:
(1) Local ocean safety principles and
					 practices;
(2) Hawaii
					 Administrative Rules as they apply to boating;
(3) The historical, cultural, and customary
					 practices of Hawaii's ocean users; and
(4) Any rules or laws pertaining to protected
					 species and thrill craft operation in the State.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-24 - Kauai Tow-in surfing areas

Current through June, 2024
(a) Areas of ocean
					 waters, excluding the designated ocean recreation management areas (ORMA),
					 surrounding the island of Kauai where tow-in surfing is allowed are shown on
					 Exhibit "1-B," titled "Ocean Recreation Management Areas Designated Tow-in
					 Surfing Areas Island of Kauai," dated January 4, 2002, located at the end of
					 this subchapter, and described as follows (all positions of latitude and
					 longitude are provided in global positioning system (GPS) coordinates):
(1) Area I, which includes waters seaward and
					 perpendicular to the shoreline beginning at Kailiu Point at 22 degrees 13.430
					 minutes north, 159 degrees 34.855 minutes west, then east along the shoreline
					 (including Hanalei Bay) and ending at the southeastern point of Moloaa Bay at
					 22 degrees 11.675 minutes north 159 degrees 19.495 minutes west;
(2) Area II, which includes waters seaward
					 and perpendicular to the shoreline beginning at the northeast point of Papaa
					 Bay at the 22 degrees 10.675 minutes north, 159 degrees 18.630 minutes west,
					 then south along the shoreline and ending at Hanamaula Bay at 21degrees 59.658
					 minutes north, 159 degrees, 20.050 minutes west;
(3) Area III, which includes waters seaward
					 and perpendicular to the shoreline beginning at Hanapepe Bay at 21 degrees
					 53.755 minutes north, 159 degrees 35.855 minutes west, then west and north
					 along the shoreline ending at the shoreline at Keawanui Point at 22 degrees
					 09.000 minutes north, 159 degrees 43.385 minutes west. Persons engaged in
					 tow-in surfing activities may extend their operation into designated ORMA
					 waters for board and personnel recovery, rescue, and emergency
					 purposes.
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-25 - Maui Tow-in surfing area

Current through June, 2024
(a) The area of
					 ocean waters, excluding the designated ocean recreation management area (ORMA),
					 north of the island of Maui that is designated for tow-in surfing activities is
					 shown on Exhibit "1-C," titled "Ocean Recreation Management Areas Designated
					 Tow-in Surfing Area Island of Maui," dated January 4, 2002, located at the end
					 of this subchapter, and described as follows (all positions of latitude and
					 longitude are provided in global positioning system (GPS) coordinates):
Waters seaward and perpendicular to the shoreline
						beginning at the base of the Kahului Harbor west breakwater located at 20
						degrees 53.890 minutes north, 156 degrees 28.790 minutes west, then east along
						the shoreline ending at the eastern point of Kuau Beach at 20 degrees 55.780
						minutes north 156 degrees 22.000 minutes west; Persons engaged in tow-in
						surfing activities may extend their operation into ORMA waters located within
						three thousand feet of the shoreline for board and personnel recovery, rescue,
						and emergency purposes.
(b)
					 Training and instruction in tow-in surfing techniques may be conducted on a
					 case-by-case basis at selected areas in accordance with a permit issued
					 pursuant to section 13-244-19, provided that the trainee is under the direct
					 supervision of an instructor who possesses a certificate of completion as
					 described in section 13-256-22(g).
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Section 13-256-26 to 13-256-30 - Reserved

Current through June, 2024
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Exhibit 1-A - Ocean Recreation Management Areas Designated Tow-in Surfing Areas North Shore Oahu

Current through June, 2024
Click Here To View
						Exhibit 1-A
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 1 - GENERAL PROVISIONS FOR THE OCEAN RECREATION MANAGEMENT PLAN › Exhibit 1-B - Ocean Recreation Management Areas Designated Tow-in Surfing Areas Island of Kauai

Current through June, 2024
Click Here To View
						Exhibit 1-B