(a) This section
shall not apply in the event of an emergency, to law enforcement or rescue
craft, to vessels participating under a valid ocean waters permit issued by the
department, or to Hawaiian design canoes engaged in crew training. The
Kaanapali beach and ocean waters are shown on Exhibit "2", dated May 1, 2012,
located at the end of this subchapter and incorporated herein. The boundaries
are as follows:
Beginning at a point on the northern end of Kaanapali
Beach and ocean waters located at 20°57'8.86"N, 156°41'33.68"W; then
shoreward to the mean high water mark at 20°57'2.72"N, 156°41'25.33"W;
then southward to the mean high water mark of the extended centerline of
Wahikuli Road at 20°53'42.57"N, 156°41'6.44"W; then seaward to
20°53'42.75"N, 156°41'16.44"W; then north generally running parallel to
the beach at 20°54'2.64"N, 156°41'16.43"W; then to 20°54'31.48"N,
156°41'32.99"W; then to 20°54'42.94"N, 156°41'51.26"W; then to
20°54'58.87"N, 156°41'58.32"W; then seaward of Black Rock at
20°55'40.15"N, 156°41'58.14"W; then to 20°56'11.79"N,
156°41'44.21"W; then to 20°56'52.51"N, 156°41'41.88"W; then to the
point of beginning.
(b)
Restrictions.
(1) No person shall navigate
any vessel at a speed in excess of "slow no wake" (five (5) miles per hour)
within 500 feet of the shoreline;
(2) No person shall navigate a motorboat
within 200 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 500 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
200-foot shoreline restriction, provided that designated swimming areas are
approached with caution and due care;
(3) No person shall navigate a motorized
vessel within 300 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
anchor or moor a vessel, barge, platform, or raft within 200 feet of the
shoreline or a designated ingress/egress corridor; and
(6) No person shall navigate or moor a vessel
engaged in commercial use unless the vessel has been registered and the owner
has a valid permit issued 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.
(7) Vessels holding a valid ocean recreation
management area commercial use permit may use a state small boat harbor or boat
launching ramp when winds are in excess of 25 miles per hour and/or during
periods of high surf warnings as indicated by the National Weather Service
would prevent safe access to the shoreline through a designated ingress or
egress zone;
(8) The vessel
operator or master shall afford the department prior notice of the presence or
threat of such conditions and shall be subject to local direction and control
as necessary to avoid conflict with other users of the facility; and
(9) Use of a state boating facility in
accordance with this section shall not affect the permittee's right to use such
boating facilities in the absence of such conditions as permitted by
law.
(c) Zone A,
designated primarily for swimming, bathing, snorkeling and diving, is described
as follows:
Beginning at a point 300 feet south of Leialii Parkway;
then 2 00 feet seaward; then northward to seaward prolongation of Kaanapali
Beachwalk at the north end of Hanakaoo Beach Park; then shoreward to the high
water mark; then southward along the high water mark to the point of
beginning.
(1) 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; and
(B) Vessels engaged in fishing during periods
of low use of the beach.
(d) Zone B, designated primarily for
swimming, bathing, snorkeling and diving, is described as follows:
Beginning at a point on the high water mark on the
seaward prolongation of the Kaanapali Beach Public Access Trail south of Kekaa
Point at 20°55'29.70"N, 156°41'42.70"W; then seaward to
20°55'29.79"N, 156°41'49.40"W; then northward to 20°55'39.12"N,
156°41'52.40"W; then to 20°55'43.58"N, 156°41'48.89"W; then
shoreward to the high water mark; then following Black Rock southward along the
high water mark to the point of beginning.
(1) The same restrictions and exceptions
applicable to Zone A are applicable to Zone B.
(e) Ingress/egress zones;
(1) Zone 1 begins at the seaward prolongation
of Kaanapali Beachwalk at the north end of Hanakaoo Beach Park; then northward
along the vegetation line for a distance of 500 feet ;
(2) Zone 2 begins at a point on the
vegetation line on the ocean-side of the Marriott's Maui Ocean Club Hotel; then
northward along the vegetation line for a distance of 500 feet ;
(3) Zone 3 begins at a point on the
vegetation line located north of the Westin Maui Hotel; then northward along
the vegetation line for a distance of 500 feet;
(4) Zone 4 begins at a point on the
vegetation line located 575 feet south from the southernmost tip of Black Rock
shoreline and south of the Kaanapali Beach Public Access Trail; then southward
along the vegetation line for a distance of 500 feet; and
(5) Zone 5 begins at a point on the
vegetation line located north of the Black Rock shoreline, then northward along
the vegetation line for a distance of 500 feet.
(f) These zones shall be established at
intervals along the shoreline to provide beach access for all vessels governed
by this chapter. Each zone shall be 500 feet wide at the shoreline and shall
extend, seaward for a distance of 500 feet.
(g) Users of the ingress/egress zones
determine the best direction for approach to or departure from the shoreline
under existing wind and sea conditions.
(h) No person shall:
(1) Navigate a commercial vessel or
noncommercial motorized vessel to or from the beach area unless using a
designated ingress/egress zone;
(2)
Beach a catamaran, registered for carrying passengers for hire in an
ingress/egress zone in excess of 30 minutes; and
(3) Navigate a vessel within an
ingress/egress zone at a speed exceeding slow-no-wake.
