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 257 - DAY-USE MOORING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13-257-6 - Reserved

Current through June, 2024
The department shall maintain a listing of sanctioned
						day-use mooring buoys installed in waters of the State.
The listing shall be available on the division's website,
						may be maintained in print form, and shall provide GPS coordinates for the
						location of each mooring buoy. The department shall make a reasonable effort to
						ensure that the GPS coordinates on the listing provide an accurate location for
						each state-owned day-use mooring buoy.
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 257 - DAY-USE MOORING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13-257-7 - Reserved

Current through June, 2024
By using a state day-use mooring buoy, a vessel owner or
						operator assumes the sole risk of using the mooring. The State assumes no
						liability or responsibility associated with the use of any day-use mooring
						buoys, except as otherwise provided in 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 257 - DAY-USE MOORING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13-257-8 - Reserved

Current through June, 2024
The restrictions cited in this chapter do not apply to
						the following:
(1) Emergency
					 situations;
(2) Law enforcement,
					 patrol, or rescue craft;
(3)
					 Department vessels and personnel performing official duties;
(4) Vessels and personnel performing
					 authorized homeland security training operations; and
(5) The United States 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 257 - DAY-USE MOORING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13-257-9 to 13-257-15 - 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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-16 - Kaiholena to Malae Point day use mooring zone

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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-17 - Malae Point to Kaiopae Point day use mooring zone

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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-18 - Pauoa Bay to Honokaope Bay day use mooring zone

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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-19 - Kaauau Point to Kapalaoa Point day use mooring zone

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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-20 - Makako Bay to Kalihi Point day use mooring zone

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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-21 - Wawaloli Beach to Maliu Point day use mooring zone

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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-22 - Kaiwi Point to Kukailimoku Point day use mooring zone

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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-23 - Kuamoo Bay to Paaoao Bay day use mooring zone

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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-24 - Paaoao Bay to Cook Point day use mooring zone

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 257 - DAY-USE MOORING RULES › Subchapter 2 - DAY-USE MOORINGS, ISLAND OF HAWAI'I › Section 13-257-25 to 13-257-35 - 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 257 - DAY-USE MOORING RULES › Subchapter 3 - DAY USE MOORINGS, ISLAND OF MAUI › Section 13-257-36 to 13-257-50 - 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 257 - DAY-USE MOORING RULES › Subchapter 4 - DAY-USE MOORING AREA, MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT › Section 13-257-51 - Molokini island day use mooring area

Current through June, 2024
The boundary of the Molokini Island Day-Use Mooring Area
						is contiguous with the boundary of Subzone A of the Molokini Shoal Marine Life
						Conservation District, as described in section
						13-31-2, and as shown on Exhibit
						A, entitled "Map of Molokini Shoal Marine Life Conservation District, Maui",
						dated June 24, 2019, located at the end of this subchapter and described as
						follows:
Beginning at a point at the high water mark of Lalilali
						Point, then along the high water mark of the northern shoreline eastward until
						Pahe'e o Lono Point, then west along a straight line to the end of the
						submerged ridge (shoal) extending from Lalilali Point, then along the top of
						the shoal back to 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 257 - DAY-USE MOORING RULES › Subchapter 4 - DAY-USE MOORING AREA, MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT › Section 13-257-52 - Commercial use restrictions

Current through June, 2024
(a) No vessel shall
					 use a state day-use mooring for commercial purposes unless the owner has been
					 issued a marine life conservation district use permit by the department
					 pursuant to section
					 13-31-5, as evidenced by its
					 inclusion as an addendum to a commercial vessel use permit for the use of state
					 boating facilities issued in accordance with section
					 13-231-57, or a commercial vessel
					 registration issued in accordance with section
					 13-256-4 for that
					 vessel.
(b) The use of any one
					 particular mooring shall be on a first-come, first-served basis.
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 257 - DAY-USE MOORING RULES › Subchapter 4 - DAY-USE MOORING AREA, MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT › Section 13-257-53 - Commercial day use mooring permit fee

Current through June, 2024
Beginning January 1, 2024, the fee for commercial use of
						a Molokini day-use mooring is $200 per month; provided that this fee is waived
						for commercial operators who are presently paying the ocean stewardship user
						fee required by section
						187A-52, HRS. This fee is in
						addition to the commercial use permit fee required under section
						13-31-5 and any commercial fees
						charged pursuant to chapter
						13-234.
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 257 - DAY-USE MOORING RULES › Subchapter 4 - DAY-USE MOORING AREA, MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT › Section 13-257-54 - Recreational vessel use of Molkini day use moorings

Current through June, 2024
Recreational vessels shall have exclusive use of
						designated recreational state day-use moorings. All designated recreational
						state day-use moorings shall be indicated with a surface float. Recreational
						vessels may also use vacant commercial state day-use moorings except from 7:30
						a.m. to 9:30 a.m.
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 257 - DAY-USE MOORING RULES › Subchapter 4 - DAY-USE MOORING AREA, MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT › Section 13-257-55 - Speed Restrictions

Current through June, 2024
No vessel shall operate at a speed in excess of 'slow-no
						wake" within the Molokini Island Day-Use Mooring Area.
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 257 - DAY-USE MOORING RULES › Subchapter 4 - DAY-USE MOORING AREA, MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT › Section 13-257-56 - Anchoring restrictions

Current through June, 2024
Anchoring is prohibited within the Molokini Island
						Day-Use Mooring Area.
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 257 - DAY-USE MOORING RULES › Subchapter 4 - DAY-USE MOORING AREA, MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT › Section 13-257-57 to 13-257-60 - 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 257 - DAY-USE MOORING RULES › Subchapter 4 - DAY-USE MOORING AREA, MOLOKINI SHOAL MARINE LIFE CONSERVATION DISTRICT › Exhibit A - Map of Molokini Shoal Marine Life Conservation District, Maui June 24, 2019

Current through June, 2024
Click here to view
						image
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 257 - DAY-USE MOORING RULES › Subchapter 5 - DAY USE MOORINGS, ISLAND OF LANAI › Section 13-257-61 to 13-257-70 - 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 257 - DAY-USE MOORING RULES › Subchapter 6 - DAY USE MOORINGS, ISLAND OF MOLOKAI › Section 13-257-71 to 13-257-80 - 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 257 - DAY-USE MOORING RULES › Subchapter 7 - DAY USE MOORINGS, ISLAND OF OAHU › Section 13-257-81 to 13-257-90 - 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 257 - DAY-USE MOORING RULES › Subchapter 8 - DAY USE MOORINGS, ISLAND OF KAUAI › Section 13-257-91 to 13-257-120 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 1 - General Provisions › Section 13-261-1 - Purpose and applicability

Current through June, 2024
(a) The purpose of
				  these rules is to manage, preserve, restore, and protect the natural and
				  cultural resources of the reserve; to regulate activities within the reserve;
				  and to protect public health and safety.
(b) Except as otherwise noted in these rules,
				  these rules shall apply to all persons entering the reserve.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 1 - General Provisions › Section 13-261-3 - Boundary of the Reserve

Current through June, 2024
(a) The reserve
				  means the entire island of Kaho'olawe and those waters and submerged lands
				  seaward of the shoreline of Kaho'olawe island to a distance of approximately
				  two miles as shown on Exhibit "1", dated March 28, 2002, which is located at
				  the end of this subchapter and made part of this chapter. The boundary of the
				  reserve is described as follows: beginning at the initial point 20°38.05'N,
				  156°33.40'W; then by straight line to the point 20°36.95'N,
				  156°31.55'W; then by straight line to the point 20°33.55'N,
				  156°30.30'W; then by straight line to the point 20°31.60'N,
				  156°29.85'W; then by straight line to the point 20°29.10'N,
				  156°31.50'W; then by straight line to the point 20°28.75'N,
				  156°37.15'W; then by straight line to the point 20°28.20'N,
				  156°41.10'W; then by straight line to the point 20°30.60'N,
				  156°43.80'W; then by straight line to the point 20°32.05'N,
				  156°43.95'W; then by straight line to the point 20°34.90'N,
				  156°41.80'W; then by straight line to the point 20°35.80'N,
				  156°39.60'W; and then by straight line to the point 20°38.05'N,
				  156°35.40'W, then to the initial point 20°38.05'N,
				  156°33.40'W.
(b) The waters and
				  submerged lands of the reserve are divided into Zone A and Zone B. Zone A
				  encompasses the waters and submerged lands of the reserve between the shoreline
				  and a point where the depth of the water is equal to 30 fathoms in depth within
				  the boundary of the reserve. Zone B encompasses the waters of the reserve that
				  are deeper than 30 fathoms in depth, and the submerged lands beneath such
				  waters from the point where the 30 fathoms depth begins and proceeding out to
				  the boundary of the reserve.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 1 - General Provisions › Section 13-261-4 - Severability

Current through June, 2024
These rules are declared to be severable and, if any
					 portion of 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 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 1 - General Provisions › Section 13-261-5 - Penalties

Current through June, 2024
(a) Any person violating the rules in this
				  chapter shall be punished as provided in sections
				  6K-8 and 6K8.5, Hawaii
				  Revised Statutes.
(b) Each day of
				  each violation shall be deemed a separate offense.
(c) Each specimen of aquatic life,
				  terrestrial life, mineral, archeological artifact, or other naturally occurring
				  object removed or taken from the reserve shall be deemed a separate
				  offense.
(d) Any costs to correct
				  damages resulting from a violation of these rules shall be assessed and
				  collected pursuant to sections
				  6K-8 and
				  6K-8.5,
				  HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 2 - Provisions for entrance into the reserve › Section 13-261-10 - Entrance into the reserve

Current through June, 2024
No person or vessel shall enter or attempt to enter into or
					 remain within the reserve unless such person or vessel:
(a) Is specifically authorized to do so by
				  the commission or its authorized representative as provided in section
				  13-261-11; or,
(b) Is specifically
				  authorized to do so through a written agreement approved by the commission;
				  or,
(c) Is trolling in zone B, in
				  compliance with section 13-361-13(b) (3); or,
(d) Must enter the reserve to prevent
				  probable loss of vessel or human life, provided that:
(1) Prior to entering the reserve and at
				  reasonable intervals thereafter, such person shall make every reasonable effort
				  to notify the commission staff or the United States Coast Guard that loss of
				  vessel or human life is probable;
(2) All fishing gear shall be stowed
				  immediately upon entering the reserve; and
(3) Such person shall vacate the reserve
				  immediately after the threat of probable loss of vessel or human life has
				  passed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 2 - Provisions for entrance into the reserve › Section 13-261-11 - Procedure for the authorization of entrance into and activity within the reserve

Current through June, 2024
(a) Any person
				  required by this chapter to obtain commission authorization to enter into or
				  conduct activity within the reserve shall apply for such authorization by
				  making written application to the commission. The forms for such application
				  may be obtained from the commission office. The application shall include:
(1) The applicant's name, address and
				  telephone number;
(2) The dates and
				  locations of the requested entrance;
(3) A description of the purposes of and
				  activities associated with the entrance;
(4) The number and names of persons who will
				  participate in the requested entrance; and
(5) A safety and logistics plan addressing
				  transportation to and from the island, and safety protocols while in the
				  reserve.
(6) A signed liability
				  release waiver acknowledging and accepting full risk and responsibility for
				  exposure to all natural and manmade hazards within the reserve including the
				  potential presence of and contact with unexploded ordnance and other hazardous
				  debris.
(7) Information pertinent
				  to the basis of the applicant's claim to exercise traditional and customary
				  rights if such rights are claimed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 2 - Provisions for entrance into the reserve › Section 13-261-12 - Notice of danger

Current through June, 2024
All persons entering the reserve should be aware of the
					 many hazards in the reserve, including unexploded ordnance, and rough and
					 dangerous terrain and waters. The commission does not assume any responsibility
					 for loss of or damage to property or for injury to or death of persons within
					 the reserve.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 3 - Activities within the reserve › Section 13-261-13 - Activities within the reserve

Current through June, 2024
(a) No person shall
				  conduct any activity within the reserve unless such person is authorized to be
				  within the reserve in accordance with section 13-261-10;
(b) No person shall conduct any activity
				  within the reserve, unless:
(1) The
				  commission first finds, consistent with chapter
				  6K, that such activity is:
(A) An activity which is for the preservation
				  and practice of all rights customarily and traditionally exercised by native
				  Hawaiians for cultural, spiritual, and subsistence purposes; or
(B) An activity which is for the protection,
				  preservation or restoration of the natural of cultural resources of the
				  reserve; or
(C) An activity which
				  is for rehabilitation, revegetation and habitat restoration and preservation;
				  or
(D) An activity which is
				  educational and which relates to native Hawaiian cultural practices or to the
				  natural or cultural resources of the reserve; or
(E) A fishing activity which is consistent
				  with this section; or
(F) An
				  activity which is for the clearance or removal of unexploded ordnance and
				  environmental restoration; or,
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 3 - Activities within the reserve › Section 13-261-14 - Prohibited activities

Current through June, 2024
(a) Commercial
				  activity is prohibited in the reserve.
(b) Except as authorized by the commission or
				  its authorized representative, activities not provided for in § 13-261-13
				  shall be prohibited, including, but not limited to, the following activities:
(1) To take, disturb, injure, kill, alter or
				  deface, or possess any form of plant or wildlife or aquatic life;
(2) To remove, damage, or disturb any natural
				  feature or natural resource;
(3) To
				  remove, damage, or disturb any historic or prehistoric objects, artifacts, or
				  remains or parts thereof;
(4) To
				  alter, deface, or destroy, rock, or other geological feature, or specimen;
				  or
(5) To possess or use or
				  discharge any firearm, bow and arrow, spear gun or any other weapon, trap,
				  snare, poison, or any device designed to take, capture, or kill wildlife on or
				  into the reserve;
(6) To possess
				  any explosives or fireworks;
(7) To
				  start or maintain a fire;
(8) To
				  enter into any area posted with a sign warning of danger or a kapu, or a notice
				  of restricted entry;
(9) To remove,
				  damage, or disturb any notice, sign, marker, fence, or structure;
(10) To remove or attempt to remove, from the
				  reserve any aquatic life or wildlife, archeological artifact, mineral,
				  including soil, sand, pebbles, shells or other naturally-occurring object or
				  resource;
(11) To introduce or keep
				  any animals, including but not limited to cats, dogs, birds, mice or other
				  domestic pet, or wild or untamed animals within the reserve;
(12) To introduce any form of
				  plant;
(13) To have or possess any
				  fishing gear or device, including, but not limited to, any hook-and-line, rod,
				  reel, spear, trap, net, crowbar, or other device, or noxious chemical that may
				  be used for the taking or altering of any aquatic life, geological feature or
				  specimen, the possession of which shall be considered prima facie evidence of a
				  violation of this rule.
(14) To
				  violate a kapu established under section 13-261-13(c).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 12 - KAHO'OLAWE ISLAND RESERVE COMMISSION › Chapter 261 - KAHO'OLAWE ISLAND RESERVE › Subchapter 3 - Activities within the reserve › Section 13-261-15 - Littering and polluting

Current through June, 2024
Except as approved by the commission, no person shall:
					 place, throw, deposit, or discharge, or cause to be placed, thrown, deposited,
					 or discharged in the reserve any solid, semi-solid, liquid, or gaseous
					 material, including but not limited to litter, pollutants, sewage, petroleum
					 products or solid waste.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-1 - Purpose, applicability, and participants

Current through June, 2024
(a) The purpose of
				this chapter is to promote the use and conservation of historic properties for
				the education, inspiration, pleasure, and enrichment of the citizens of Hawaii
				by presenting a historic preservation review process for state and county
				projects. The review process is designed to identify significant historic
				properties in project areas and then to develop and execute plans to handle
				impacts to the significant historic properties in the public interest. The
				process supports the policy of chapter
				6E, HRS, to preserve, restore, and
				maintain historic properties for future generations.
(b) This chapter applies to all state or
				county agencies funding or directly undertaking a project, or having a project
				undertaken on lands under its ownership or control which may affect historic
				properties, or by a state agency transferring any land under its jurisdiction
				which may contain historic properties. Any proposed project which may affect a
				historic property shall not be commenced, or, in the event it has already
				begun, continued, until DLNR, as represented by SHPD, shall have given its
				written concurrence. This chapter itemizes the process to obtain
				concurrence.
(c) Participants in
				the historic preservation review process.
(1)
				The primary participants in the process are DLNR, represented by the SHPD, and
				the agency with jurisdiction over the project. The agency has responsibility
				for complying with the historic preservation review process.
The agency may have others prepare the review process
				  items.
(2) Interested
				persons are those organizations and individuals that are concerned with the
				effect of a project on historic properties. Provisions in these rules enable
				interested persons to participate in the process.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-3 - Obtaining a determination letter; generally

Current through June, 2024
(a) For the
				department to provide a letter of determination, an agency proposing a project
				which may have an effect upon historic properties shall notify the department
				of the proposed project and request a letter of determination. Upon the request
				of the department, the agency shall provide the department with information as
				to the number of historic properties within a proposed project area, their
				significance, the impact of the proposed project on the historic properties,
				and any proposed mitigation measures. Upon receipt of adequate information the
				department will provide a determination letter within ninety days. Any agency
				involved in the historic preservation review process Shall consult and obtain
				the written approval of the SHPD at each step of the review. Once concurrence
				is received, the agency may begin the project. In cases where interim
				protection plans are adequately in place or data recovery fieldwork has been
				adequately completed, a determination letter may be issued.
(b) The review steps, to be described in
				greater detail in the following sections, are as follows:
(1) Identification and inventory, to
				determine if historic properties are present in the project's area and, if so,
				to identify and document (inventory) them;
(2) Evaluation of significance;
(3) Effect (impact) determination;
(4) Mitigation commitments, committing to
				acceptable forms of mitigation in order to properly handle or minimize impacts
				to significant properties;
(5)
				Detailed mitigation plan, scope of work to properly carry-out the general
				mitigation commitments; and
(6)
				Verification of completion of detailed mitigation plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-4 - Fees

Current through June, 2024
(a) The division may require a $25 filing fee
				per request for a determination letter.
In addition, filing fees will be charged for the
				  following:
(1) $50 for an
				archaeological assessment report;
(2) $150 for an archaeological inventory
				survey plan;
(3) $450 for an
				archaeological, architectural or ethnographic inventory survey
				report;
(4) $150 for a preservation
				plan;
(5) $25 for a monitoring
				plan;
(6) $150 for an
				archaeological data recovery plan;
(7) $250 for a burial treatment
				plan;
(8) $100 for a monitoring
				report, if resources are reported;
(9) $450 for an archaeological data recovery
				report;
(10) $450 for an
				ethnographic documentation report;
(11) $25 for a burial disinterment report;
				and
(12) $50 for an osteological
				analysis report.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-6 - Evaluation of significance

Current through June, 2024
(a) Once a historic
				property is identified, then an assessment of significance shall occur. The
				agency shall make this assessment or delegate this assessment, in writing, to
				the SHPD. This information shall be submitted in the survey report, if historic
				properties were found through the survey.
(b) To be significant, a historic property
				shall possess integrity of location, design, setting, materials, workmanship,
				feeling, and association and shall meet one or more of the following criterion:
(1) Criterion "a". Be associated with events
				that have made an important contribution to the broad patterns of our
				history;
(2) Criterion "b". Be
				associated with the lives of persons important in our past;
(3) Criterion "c". Embody the distinctive
				characteristics of a type, period, or method of construction, represent the
				work of a master, or possess high artistic value;
(4) Criterion "d". Have yielded, or is likely
				to yield, information important for research on prehistory or history;
				or
(5) Criterion "e". Have an
				important value to the native Hawaiian people or to another ethnic group of the
				state due to associations with cultural practices once carried out, or still
				carried out, at the property or due to associations with traditional beliefs,
				events or oral accounts--these associations being important to the group's
				history and cultural identity.
A group of sites can be collectively argued to be
				  significant under any of the criteria.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-7 - Determining effects to significant historic properties

Current through June, 2024
(a)
				The effects or impacts of a project on significant properties shall be
				determined by the agency. Effects include direct as well as indirect impacts.
				One of the following effect determinations must be established:
(1) "No historic properties affected". The
				project will have no effect on significant historic properties; or
(2) "Effect, with proposed mitigation
				commitments". The project will affect one or more significant historic
				properties, and the effects will be potentially harmful. However, the agency
				has proposed mitigation commitments involving one or more forms of mitigation
				to reasonably and acceptably mitigate the harmful effects.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-8 - Mitigation

Current through June, 2024
(a) If a project will have an "effect"
				(impact) on significant historic properties, then a mitigation commitment
				proposing the form of mitigation to be undertaken for each significant historic
				property shall be submitted by the agency to the SHPD for review and approval.
(1) Mitigation can occur in five forms.
(A) Preservation, which may include avoidance
				and protection (conservation), stabilization, rehabilitation, restoration,
				reconstruction, interpretation, or appropriate cultural use.
(B) Architectural recordation, which involves
				the photographic documentation and possibly the measured drawing of a building,
				structure or object prior to its alteration or destruction.
(C) Archaeological data recovery, which
				enables the recovery of an adequate and reasonable amount of the significant
				information from a significant historic property prior to its alteration or
				destruction. Data recovery may include archaeological mapping, surface
				collection, excavation, monitoring, laboratory analyses, and interpretive
				analyses.
(D) Historical data
				recovery, which involves researching historical source materials to document an
				adequate and reasonable amount of information about the property when a
				property will be altered or destroyed.
(E) Ethnographic documentation, which
				involves interviewing knowledgeable individuals and researching historical
				source materials to document an adequate and reasonable amount of information
				about the property when a property will be altered or destroyed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-10 - Conclusion of the historic preservation review process

Current through June, 2024
The historic preservation review process ends when:
(1) The SHPD agrees that adequate procedures
				have been taken to determine if historic properties are likely to be present in
				the project area, and no historic properties are found to be present or
				historic properties are considered unlikely to be present;
(2) The SHPD agrees that no historic
				properties will be affected by the project; or
(3) The SHPD agrees to a detailed mitigation
				plan to handle an effect to significant historic properties that are present
				and this plan is verified by the SHPD to have been successfully
				executed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-11 - Reconsideration of findings after the process is closed

Current through June, 2024
(a)
				The SHPD shall reconsider the findings under sections 13-275-5 (adequate
				identification and inventory procedures), 13-275-6 (significance evaluations),
				13-275-7 (determination of effects), and 13-275-8 (mitigation), when new
				information is submitted by an interested party with a request for
				reconsideration. To be considered, the inquiry must address a specific problem
				in the findings with supportive new evidence presented. The agency conducting
				the project shall be promptly notified by the SHPD of the request for
				reconsideration. An inquiry to the SHPD will not suspend action on a project,
				but the agency shall take all measures to avoid adverse effects to significant
				historic properties while the SHPD is reviewing a request. Within ten working
				days of receipt of the request at the SHPD office, the SHPD shall advise in
				writing the interested party and the agency undertaking the project of the SHPD
				conclusions.
(b) If the SHPD
				conclusions identify an inaccurate significance evaluation, an inappropriate
				general mitigation commitment, or a flaw in the detailed mitigation plan, then
				the SHPD and the agency undertaking the project shall attempt to reach
				agreement on how to correct the problem. If agreement cannot be reached within
				ten working days, the Hawaii historic places review board shall be asked for
				their advice. The review board shall provide their advice within thirty days
				after receiving a request.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-12 - Discovery of previously unknown historic properties during implementation of a project

Current through June, 2024
If a previously unknown historic property is found after the
				  acceptance of the inventory report or during the implementation of a project,
				  then the historic preservation review process is reopened. This action,
				  however, applies only to the immediate area where a historic property is
				  discovered, and the historic preservation review process is accelerated,
				  following the procedures of chapter 13-280.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-13 - Emergency projects

Current through June, 2024
(a) When an agency
				proposes an emergency project as an essential and immediate response to an
				imminent threat to public health, safety, or welfare as a result of natural
				disaster or state of emergency as provided by law, the agency shall consult
				with the SHPD to attempt to develop consensus plans to take into account the
				effect of the project on significant historic properties. This consensus shall
				be reached within three working days. If consensus is not reached, appeal to
				the governor for an immediate decision shall occur.
(b) This section does not apply to projects
				that will not be implemented within thirty days after the disaster or
				emergency. Such projects shall be reviewed in accordance with the normal
				historic preservation review process.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-14 - Penalty

Current through June, 2024
Any violation of this chapter may result in denial or
				  revocation of the SHPD's written concurrence or agreement, and prosecution
				  under Section
				  6E-11,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 276 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY SURVEYS AND REPORTS › Section 13-276-1 - Policy and purpose

Current through June, 2024
This chapter establishes standards for archaeological
				  inventory surveys and reports required by chapters 13-275 and 13-284 for the
				  historic preservation review process.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 276 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY SURVEYS AND REPORTS › Section 13-276-2 - Definitions

Current through June, 2024
As used in this chapter unless the context requires
				  otherwise:
"Ahupua'a" means a traditional Hawaiian land division
				  usually extending from the mountain to the sea.
"Archaeological inventory survey" means the process of
				  identifying and documenting the archaeological historic properties and burial
				  sites in a delineated area, gathering sufficient, information to evaluate
				  significance of the historic properties and burial sites, and compiling the
				  information into a written report for review and acceptance by the
				  department.
"Burial site" means any specific unmarked location where
				  prehistoric or historic human skeletal remains and their associated burial
				  goods if any, are interred, and its immediate surrounding archaeological
				  context, including any associated surface or subsurface features, deemed a
				  unique class of historic property, and not otherwise included in section
				  6E-41,
				  HRS.
"Consultation process" means notifying interested
				  organizations and individuals that a project could affect historic properties
				  of interest to them; seeking their views on the identification, significance
				  evaluations, and mitigation treatment of these properties; and considering
				  their views in a good faith and appropriate manner during the review
				  process.
"Department" or "DLNR" means the state department of land
				  and natural resources.
"Historic preservation review process" means the process
				  specified in chapters 13-275 and 13-284, used to comply with sections
				  6E-7,
				  6E-8
				  and
				  6E-42,
				  HRS.
"Historic property" means any building, structure, object,
				  district, area, or site, including heiau and underwater site, which is over
				  fifty years old.
"Person" means any individual, firm, association, agency,
				  organization, partnership, estate, trust, corporation, company, or governmental
				  unit that is proposing a project.
"Project" means any activity directly undertaken by the
				  state or its political subdivisions or supported in whole or in part through
				  appropriations, contracts, grants, subsidies, loans, or other forms of funding
				  assistance from the state or its political subdivisions or involving any lease,
				  permit, license, certificate, land use change, or other entitlement for use
				  issued by the state or its political subdivisions.
"Project area" means the area the proposed project may
				  potentially affect, either directly or indirectly. It includes not only the
				  area where the project will take place, but also the proposed project's area of
				  potential effect.
"State historic preservation division" or "SHPD" means the
				  state historic preservation division within the state department of land and
				  natural resources.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 276 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY SURVEYS AND REPORTS › Section 13-276-3 - Archaeological inventory survey, generally

Current through June, 2024
An archaeological inventory survey shall:
(1) Determine if archaeological historic
				properties are present in the project area and, if so, identify all such
				historic properties.
(2) Gather
				sufficient information to evaluate each historic property's significance in
				accordance with the significance criteria listed in subsection
				13-275-6(b).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 276 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY SURVEYS AND REPORTS › Section 13-276-4 - Archaeological field survey

Current through June, 2024
(a) Portions of the
				project area that have no adequate inventory survey reports prepared for them
				shall undergo archaeological inventory survey to determine whether
				archaeological historic properties are present and, if so, to present their
				description, interpretation, and location. The entire surface of the project
				area shall be visually inspected, and any proposed deviations from this level
				of inspection shall be approved by SHPD prior to implementation.
(b) The presence or absence of subsurface
				sites shall be evaluated for areas which have no visible historic properties.
				This evaluation shall include findings of test excavations, if deemed necessary
				by the department, or a conclusion, with supportive documentation, that
				historic properties are not anticipated to be present.
(c) Test excavations shall be undertaken on
				historic properties, or features of properties, that have several possible
				alternative functions based on surface examination to provide additional
				information that might help to resolve the question of property or feature
				function. Recordation of such excavations and any necessary laboratory analysis
				of recovered materials shall be undertaken as part of the archaeological
				inventory survey. If human skeletal remains are found, they shall not be
				disturbed, excavations shall be backfilled, and SHPD notified as soon as
				possible. Archaeological historic properties, or features of properties, that
				are highly probable to be burials based on surface examination shall not
				undergo test excavation without authorization from the department.
(d) If 100% of the proposed project's surface
				area is not inventoried, sampling strategies need prior approval from the
				department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 276 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY SURVEYS AND REPORTS › Section 13-276-5 - Archaeological inventory survey report

Current through June, 2024
(a) An
				archaeological inventory survey report shall be prepared to record and
				synthesize the data gathered from background research, field survey and
				consultation process with knowledgeable individuals. The report shall include:
(1) Identification of the survey area:
(A) On a 1:24000 scale United States
				Geological Survey quadrangle map, or on a portion or an enlargement of a
				portion of this map; and
(B) In the
				text, stating the island, district and ahupua'a of the area and the tax map key
				(TMK) and acreage of the parcel.