HAR §20-26-2. Definitions

As used in these rules, unless context requires otherwise: "Authorized agent" means a person, persons, or entity authorized by the president, to act on the president's behalf under this chapter. "Board" means the board of regents of the University of Hawai'i. 26-3 3 3 58 §20-26-2 "Camping" means the use of UH management areas (other than designated facilities at Halep6haku) for living accommodation purposes such as sleeping activities, or making preparations to sleep using any tents or shelter or other structure or vehicle for sleeping, between one hour after sunset and sunrise. "Commercial activity" means a use or purpose designed for profit, which includes the exchange or buying and selling of goods, or the providing of services, or relating to or connected with trade, traffic or commerce in general; provided, however, that the use of land for utility and routine maintenance, operations, and construction purposes shall not be considered a commercial activity. Commercial activities include but are not limited to activities whose base of operations is outside the boundaries of the UH management areas, or provide transportation to, from, or within the UH management areas. "Commercial tours" means the transport of people for compensation for the purpose of engaging in public activities within the UH management areas, including but not limited to transport by cars, sport utility vehicles, trucks, taxis, vans or buses. "Compensation" includes, but is not limited to, monetary payments, barter, or services in-kind. Bona fide sharing of resources or expenses among participants in scientific research-related activities, including but not limited to astronomical observatory operations, does not constitute compensation. "Comprehensive management plan" means the Mauna Kea Comprehensive Management Plan approved by the board of land and natural resources, dated April 2009, including any sub-plans, as they may be amended. "Drone" means an unmanned aircraft, ship, or vehicle guided by remote control or onboard computers. "Forest reserve" means lands set apart as forest reserve pursuant to section 183-11, Hawai'i Revised Statutes. 26-4 §20-26-2 "Game mammals and birds" means those animals that have been designated as such by the department of land and natural resources. "Halep6haku" means the Halep6haku (also known as Hale P6haku) mid-level facilities as described in the lease between the board of land and natural resources and the university. "Hazardous_ materials" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (1976), as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (1980), as amended, the Federal Clean Water Act, 33 U.S.C. § 1251 et seq. (1972), or any other federal, state, or local environmental law, regulation, ordinance, rule, or by- law, whether existing as of the date hereof or subsequently enacted. "Kahu KG. Mauna" means the advisory community- based council that advises the Maunakea Management Board, OMKM, and the chancellor of the University of Hawai'i at Hilo on Hawaiian cultural matters affecting the UH management areas. "Law enforcement officer(s)" means any federal, state, or county government employee with law enforcement powers. "Mauna Kea" or "Maunakea" refers to the dormant volcano on the island of Hawai'i standing approximately 4,205 meters above sea level; its peak is the highest point in the state of Hawai'i. "Maunakea Management Board" or "MKMB" means the community-based advisory body established by the board to provide the Hawai'i Island community with a direct voice to the university for the management of the UH management areas. "Motorized vehicle" means a vehicle of any shape or form that depends on a gas, electric, or other fuel motor for propulsion. "Natural area reserve" means an area designated as a part of the Hawai'i natural area reserves system, pursuant to chapter 195, Hawai'i Revised Statutes. 26-5 ; 3 58 §20-26-2 "Non-motorized vehicle" means a vehicle of any shape or form that depends on human, animal, wind, spring, and other non-motorized means for propulsion. "Office" or "OMKM" means the office of Maunakea management. "Person" includes individuals eighteen (18) years of age or older, partnerships, corporations, associations, or public or private organizations of any character other than government agencies. "President" means the president of the university, unless otherwise expressly stated or further designated by the board or the president. "Private vehicle" means any vehicle not operated for governmental purposes, including but not limited to private cars and trucks, rental cars and trucks, commercial tour vehicles, taxis, limousines, buses, and other transportation for hire. It does not include vehicles operated by employees or agents of government agencies on official business, but can include any vehicle, including a government vehicle, if operated by an employee or agent of a government agency when not acting in an official capacity. "Public activities" means activities of the general public that are not governed by contract or other legal agreement with the university, other than a permit issued under these rules or the rules of the department of land and natural resources, if applicable. "Solicit" means to ask, implore, plead for; to endeavor to obtain by asking; to importune; or to try to obtain. "UH management areas" are those lands defined as "Mauna Kea lands" under section 304A-1901, Hawai'i Revised Statutes. "University of Hawai'i", "University", and "UH" means the state university established under article X, section 5 of the Hawai'i Constitution and section 304A-101, Hawai'i Revised Statutes, which is governed by the board. "Written permit" or "written permission" means a permit or permission issued under this chapter by the 26-6