(a) The Kaanapali ocean waters shall be
divided into the following zones:
(1) Zone A,
Kaanapali ocean waters
(i) This zone is
designated primarily for swimming, bathing, snorkeling, and diving, and means
the area confined by the boundaries shown and described in Exhibit G, July 1,
1984, located at the end of this chapter, which boundaries are described as
follows:
Beginning at a point on the vegetation line six hundred
fifty feet north along the vegetation line from the intersection of the
extended centerline of Kaniau Road and the vegetation line; thence running by
azimuths measured clockwise from True South: 080 degrees for a distance of two
hundred feet; 14 6 degrees 30 minutes for a distance of three thousand seven
hundred fifty feet; 206 degrees to a point on the vegetation line; thence
southward along the vegetation line to the point of beginning.
(ii) No person shall navigate or
moor a vessel, surfboard, sailboard, or any other water recreational device in
or on the waters of Zone A, provided that this restriction shall not apply to:
(A) Paipo boards not in excess of four feet
in length and without skegs or any other fin-like projections protruding from
the bottom of the boards;
(B)
Hawaiian design club canoes engaged in crew training;
(C) Vessels engaged in fishing during periods
of low use of the beach.
(2) Zone B, Kaanapali ocean waters
(i) This zone is an area designed primarily
for swimming, bathing, snorkeling, and diving, and means the area confined by
the boundaries shown on Exhibit G, July 1, 1984, located at the end of this
chapter and defined as:
Beginning at a point on the vegetation line seven hundred
fifty feet south along the vegetation line from the southernmost tip of Keka'a
Point shoreline, thence running by azimuths measured clockwise from True South:
068 degrees for a distance of two hundred feet; 156 degrees for a distance of
two hundred fifty feet; 078 degrees 30 minutes for a distance of three hundred
fifty feet; 156 degrees for a distance of six hundred feet; 221 degrees for a
distance of five hundred feet; 287 degrees to a point on the vegetation line;
thence southward along the vegetation line to the point of beginning.
(ii) Restrictions: The same
restrictions and exceptions thereto applicable to Zone A are applicable to Zone
B.
(3) Ingress/Egress
zones.
(i) These zones shall be established
at intervals along the shoreline to provide beach access, through corridors,
for all vessels governed by this chapter. Each zone shall be five hundred feet
wide at the shoreline and shall extend seaward for a distance of five hundred
feet.
Zone number one begins at the point where the north bank of
Wahikuli Stream intersects the vegetation line; then northward along the
vegetation line for a distance of five hundred feet.
Zone number two begins at a point on the vegetation line
which is two thousand three hundred feet north along the vegetation line from a
point where the north bank of Wahikuli Stream intersects the vegetation line;
then northward along the vegetation line for a distance of five hundred
feet.
Zone number three begins at a point on the vegetation line
which is two thousand four hundred feet south along the vegetation line from
the mean high water mark of the southernmost tip of Keka'a Point shoreline;
then southward along the vegetation line for a distance of five hundred
feet.
Zone number four begins at a point on the vegetation line
which is seven hundred fifty feet south along the vegetation line from the mean
high water mark from the southernmost tip of Keka'a Point shoreline; then
southward along the vegetation line for a distance of five hundred feet.
Zone number five begins at a point on the vegetation line
which is eight hundred twenty-five feet north along the vegetation line from
the vegetation line from the southernmost tip of Keka'a Point shoreline, then
northward along the vegetation line for a distance of five hundred
feet.
(ii) No person shall
navigate a vessel within an ingress/egress zone unless operating within an
ingress/egress corridor, provided that this restriction shall not apply to
Hawaiian design club canoes engaged in crew training.
(4) Ingress/Egress corridors.
(i) These corridors shall be contained within
each ingress/egress zone. Each corridor shall be one hundred feet wide and
shall be established daily by markers placed by the users of the corridor to
determine the best direction for approach to or departure from the shoreline
under existing wind and sea conditions.
(ii) No person shall:
(A) Navigate a commercial vessel or
non-commercial motor powered vessel to or from the beach area unless using a
designated ingress/egress corridor;
(B) Navigate a catamaran, registered for
carrying passengers for hire, in an ingress/egress corridor, or approach the
shoreline within a distance of five hundred feet, if another catamaran is
beached within the boundaries of the intended corridor of use;
(C) Beach a catamaran, registered for
carrying passengers for hire, in an ingress/egress corridor in excess of thirty
minutes; and
(D) Navigate a vessel
within an ingress/egress corridor at a speed exceeding slow-no-wake.
(iii) Exceptions to the
restrictions for Ingress/Egress Zones are applicable to Ingress/Egress
Corridors.
(b)
This section shall not apply in the event of an emergency, to law enforcement
or rescue craft, or to vessels operating under a valid ocean waters permit
issued by the department.
Notes
Haw. Code R.
§
13-244-37
[Eff 2/24/94; comp]
(Auth: HRS §§
200-2,
200-3,
200-4) (Imp: HRS
§§
200-2,
200-3,
200-4)
Am
12/31/2018
