(a) The Haena ocean
waters are subject to the following restrictions. This section shall not apply
in the event of an emergency, to law enforcement or to rescue craft, or to
vessels participating under a valid ocean waters event permit issued by the
department, Coast Guard or Hawaiian design outrigger canoes engaged in crew
training.
(1) No commercial motorized vessel
shall land, or discharge or load passengers from shore within Haena ocean
waters, unless the owner possesses a valid commercial use permit for the use of
the beach for this purpose issued by the board of land and natural resources.
The total number of vessels operating from this area shall not exceed ten
passenger carrying vessels and one support craft.
(2) No person shall solicit business or offer
goods or services for rent, sale or use within Haena ocean waters.
(3) Non-motorized commercial vessels may be
permitted to land at the beach area fronting the western half of the county
beach park.
(4) Vessels may be
moored or anchored only during daylight hours.
(5) Motorized vessels shall not exceed a
speed of "slow-no-wake" (five miles per hour) within Haena ocean waters.
(c) Recreational Zone
A, Haena ocean waters.
(1) Zone A means the
area confined by the boundaries shown on Exhibit "D" dated June 30, 1988,
located at the end of this subchapter, which boundaries are described as
follows:
Beginning at the intersection of the edge of the inner
reef and the mean low water mark on the south side of the boat channel, then
clockwise along the outer edge of the inner reef to the intersection of the
edge of the reef and a straight line drawn between a marker pole on the
shoreline and the exposed rock on the southern tip of the outer reef, then
along this line to the exposed rock, then along a line drawn at a ninety degree
angle to the outer edge of the reef, then clockwise along the outer edge of the
reef to the point where it becomes tangent to the Haena ocean waters boundary
line, then clockwise along the boundary line to the mean low water mark to the
point of beginning.
(2)
Restrictions. Zone A is designated for recreational use. No commercial
motorized vessel shall be permitted within Zone A, provided that customers
patronizing commercial vessels anchored or moored within Zone C shall be
allowed to enter Zone A for snorkeling or scuba diving activities.
(3) Notwithstanding the provisions of
subsection (b)(2), commercial vessels whose owners possess a valid use permit
issued by the department of land and natural resources shall be permitted
direct access to the beach area specified in the permit for the purpose of
passenger pick-up or discharge.
(d) Swimming and Snorkeling Zone B, Haena
ocean waters.
(1) Haena Zone B means the area
confined by the boundaries shown on Exhibit "D" dated June 30, 1988 located at
the end of this subchapter and described as follows:
Beginning at the intersection of the western boundary of
Haena ocean waters and the mean low water mark, then along the western boundary
of Haena ocean waters for a distance of two hundred feet, then clockwise along
a line drawn parallel to the low water mark at a distance of two hundred feet
to the outer edge of the inner reef, then along the outer edge of the inner
reef to the mean low water mark, then along the mean low water mark to the
point beginning.
(2)
Restrictions. Haena Zone B is designated for swimming and snorkeling
activities. No motorized vessel shall be permitted within Zone B.
(e) Snorkeling Zone C, Haena ocean
waters.
(1) Haena Zone C is as shown on
Exhibit "D" dated June 30, 1988, located at the end of this subchapter. Haena
Zone C includes those ocean water areas outside Zone A and Zone B.
(2) Restrictions. Haena Zone C is an area
designated for the use of motorized vessels with passengers engaged in
snorkeling and scuba diving activities, Haena ocean waters include those ocean
areas outside Zone A and Zone B. No vessel shall moor within Zone C except at
three mooring buoys approved for installation by the board of land and natural
resources along the outer edge of the inner reef at the locations shown on
Exhibit "D" dated June 30, 1988. No more than two vessels may be moored to each
buoy at any one time, for a period not exceeding forty-five minutes per
vessel.
(3) Anchoring during
daylight hours may be permitted within Zone C except in areas containing coral
growth.
