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 13-261-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context otherwise
					 requires:
"Aquatic life" means any species or subspecies of mammal,
					 fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate,
					 coral, or other animal that inhabits the freshwater or marine environment and
					 includes any part, product, egg, or offspring thereof, or freshwater or marine
					 plants, or algae, including seeds, roots, products, and any parts
					 thereof.
"Chairperson" means the chairperson of the Kaho'olawe
					 Island Reserve Commission.
"Commercial activity" means any activity carried on for a
					 profit, fee or for the exchange of goods and services including every kind of
					 commercial enterprise, recreational activities offered for a fee, and taking or
					 removing any aquatic life, mineral or vegetation for the purpose of sale or
					 barter.
"Commission" means the Kaho'olawe island reserve
					 commission.
"Department" means the department of land and natural
					 resources.
"Executive Director" means the executive director of the
					 Kaho'olawe island reserve commission.
"Fishing" or "to fish" means catching, taking, harvesting,
					 or attempting to catch, take, or harvest, or to hold or confine any aquatic
					 life. The gathering by hand or the use of a pole, line, hook, net, trap, spear,
					 or other gear which is designed to catch, take, or harvest aquatic life, by any
					 person who is in the water, or in a vessel on the water, or on or about the
					 shore where aquatic life can be caught, taken, or harvested, shall be
					 considered to be fishing.
"Kapu" is a restriction or restrictions applied to
					 activities in the reserve, or to enter into specific areas or zones of the
					 reserve, in keeping with native Hawaiian natural resources management
					 practices.
"Mile" means a distance of 6,076 feet equivalent to a
					 nautical mile.
"Party" means each person or agency named or admitted as a
					 party, or properly seeking and entitled as of right to be admitted as a party
					 in any agency proceeding.
"Person" means, as appropriate, individuals, partnerships,
					 corporations, associations, or public or private organizations of any
					 character.
"Petitioner" means the person or agency on whose behalf the
					 petition or application is made.
"Pollutant" means any element, substance, compound, or
					 mixture, which after release into the environment and upon exposure, ingestion,
					 inhalation, or assimilation into any organism, either directly from the
					 environment or indirectly by ingestion through food chains, will or may
					 reasonably be anticipated to cause illness, death, disease, behavioral
					 abnormalities, cancer, genetic mutation, physiological malfunctions (including
					 malfunctions in reproduction) or physical deformations, in such organisms or
					 their offspring.
"Public records" have the same meaning as those "government
					 records" as is defined in section 92F, HRS, which are required to be disclosed
					 under said chapter.
"Reserve" means the Kaho'olawe island reserve as described
					 at section § 13-261-3 of this chapter.
"Subsistence" means the use of renewable resources for
					 direct personal consumption while staying on Kaho'olawe and not for
					 sale.
"Take" means to fish or hunt for, catch, kill, harvest,
					 gather, capture, pursue, harass, harm or cause to harass or harm, or collect or
					 hold in one's possession any wildlife or aquatic life.
"Traditional and customary rights and practices" means
					 those rights and practices that are consistent with the Hawaii State
					 Constitution, Hawaii Revised Statutes, and Hawaii case law.
"Trolling" means fishing by dragging artificial surface
					 lures or live bait on the surface behind a vessel that is under way at
					 sufficient speed to produce a wake.
"Vessel" means all description of watercraft used or
					 capable of being used as a means of transportation on or in the water.
"Wildlife" means any non-domesticated, non-human animal,
					 whether reared in captivity or not and includes any part product, egg, or
					 offspring thereof, except aquatic life as defined in this section.