Haw. Code R. § 13-244-36 - Kaanapali ocean waters, general restrictions
(a) The
Kaanapali ocean waters are subject to the following restrictions:
(1) No person shall navigate any vessel at a
speed in excess of five miles per hour within five hundred feet of the
shoreline;
(2) No person shall
navigate a motorboat in or on Kaanapali ocean waters within two hundred feet of
the shoreline, or designated swimming area, or within one hundred feet of a
diver's flag, nor shall any person navigate a commercial motorized vessel
within five hundred feet of the shoreline except within a designated
ingress/egress corridor. Notwithstanding this paragraph, vessels engaged in
fishing outside the designated ingress/egress corridors are exempt from the two
hundred foot shoreline restriction, provided that designated swimming areas are
approached with caution and due care;
(3) No person shall navigate a motorized
vessel within three hundred feet of a vessel engaged in fishing;
(4) A vessel engaged in fishing shall not
impede the passage of any vessel passing through a designated ingress/egress
corridor;
(5) No person shall
embark or disembark passengers on the beach to or from a catamaran registered
to carry passengers for hire when the vessel exceeds sixty-five feet in length
or a passenger carrying capacity of forty-nine persons unless prior permission
to navigate the Kaanapali ocean waters is obtained from the department for each
trip through these waters. Notwithstanding this paragraph, any company
currently operating a catamaran which exceeds sixty-five feet in length or a
passenger carrying capacity of forty-nine persons, which is in business and
properly registered with the department of commerce and consumer affairs as of
the effective date of these rules may apply for and renew its permit as long as
the company remains in business, remains properly registered with the
department of commerce and consumer affairs, and complies with the rules of the
that department;
(6) No person
shall anchor or moor a vessel, barge, platform, or raft within two hundred feet
of the shoreline or a designated ingress/egress corridor; and
(7) No person shall [navigate or] moor a
vessel engaged in commercial use in or on Kaanapali ocean waters unless the
vessel has been registered and the owner has a valid permit issued by the
department in accordance with this chapter; however, commercial vessels solely
transiting through the Kaanapali ocean waters shall not be required to be
registered or have a commercial permit. This subsection shall not apply to
Hawaiian design canoes engaged in crew training.
(8) No person shall navigate or moor a vessel
engaged in commercial use in or on Kaanapali ocean waters unless the vessel has
been registered and the owner has a valid permit issued by the department in
accordance with this chapter.
This subsection shall not apply to Hawaiian design canoes engaged in crew training.
(b) This section shall not apply in the event
of an emergency, to law enforcement or rescue craft, or to vessels
participating under a valid ocean waters permit issued by the
department.
Notes
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No prior version found.