Haw. Code R. § 13-256-22 - Tow-in surfing
(a) The State
assumes no responsibility or liability associated with tow-in
surfing.
(b) Only thrill craft may
be used for tow-in surfing.
(c) All
thrill craft being used for tow-in surfing shall be recorded with the
department using forms provided by the department.
(d) Tow-in surfing decals shall be provided
at the time the vessel is recorded with the department and shall be required to
be prominently displayed on the front half of the vessel.
(e) Thrill craft not recorded with the
department for tow-in surfing are prohibited from displaying a tow-in surfing
decal.
(f) Effective September 1,
2004, both the thrill craft operator and surfer, who engage in, or operate a
thrill craft for tow-in surfing, shall be required to possess, and make
available upon demand of enforcement personnel, a certificate of completion
from an accredited institution of higher education in Hawaii on the safe use
and operation of a thrill craft in high surf, that includes but is not limited
to:
(1) Local ocean safety principles and
practices;
(2) Hawaii
Administrative Rules as they apply to boating;
(3) The historical, cultural, and customary
practices of Hawaii's ocean users; and
(4) Any rules or laws pertaining to protected
species and thrill craft operation in the State.
(g) When operating a thrill craft for tow-in
surfing, all operators shall:
(1) Carry on
board a two-way communicating device;
(2) Tow-in a maximum of one person at any one
time;
(3) Carry dive fins and a
safety knife on their person; and
(4) Yield right of way to all other boating
or ocean recreation activities by leaving the same surfing break area and
remaining a minimum of one thousand feet from the other activities.
(h) Notwithstanding section
13-256-17,
within designated ocean recreation management areas, thrill craft used for
tow-in surfing may enter the ocean recreation management area to gain access to
and from a surfing site and for board and personnel recovery, rescue, and
emergency purposes only in areas designated specifically for this activity as
described in sections
13-256-23,
13-256-24,
and
13-256-25.
(i) Unless otherwise provided by rule, towing
surfers into waves within a designated ocean recreation management area shall
be prohibited.
(j) Tow-in surfing
may only be conducted during periods of high surf warning as declared by the
National Weather Service in the region or around the island or islands for
which the high surf warning has been issued.
(k) Notwithstanding section
13-244-18,
surfers engaged in tow-in surfing shall not be required to wear a life-saving
device.
(l) Thrill craft used for
tow-in surfing may gain access to State waters from boat ramps, harbor
facilities or from private beach front property and access the designated
tow-in surfing area by the most direct route consistent with safety
considerations.
(m) In addition to
equipment required by the U.S. Coast Guard for vessels, all thrill craft used
for tow-in surfing shall be equipped with the following:
(1) A rescue sled that is a minimum of three
feet wide, four feet long and three inches thick. The sled shall have a minimum
of five hand-grip handles, two of which shall be on the port side, two on the
starboard side and one at the bow of the sled. The sled shall not exceed the
thrill craft load capacity recommended by the manufacturer;
(2) A quick-release tow-rope a minimum of
thirty-feet long; and
(3) A bow
tow-line a minimum of six feet long.
(n) Notwithstanding section
13-244-9,
thrill craft used for tow-in surfing may be in proximity of the shoreline and
tow-in surfers and travel at a speed greater than slow-no-wake when accessing
the ocean or shoreline or when retrieving a surfboard or surfer in accordance
with this subchapter.
(o) The
thrill craft shall be operated at all times with due care for the rights and
safety of people and property and the operator shall abide by any state or
federal laws as they pertain to protected species.
(p) All participants in tow-in surfing
special events shall be required to possess a certificate of completion as
described in subsection (f).
(q)
Notwithstanding section
13-256-17(d),
operators of a thrill craft used for filming tow-in surfing shall possess a
certificate of completionnpe required by subsection (f).
Notes
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