HAR §13-104-2. resources

“Camping” or “to camp” means a person’s physical presence any time one hour after sundown until sunrise in a forest reserve and indicia of camping includes the use of a forest reserve one hour after sundown until sunrise for living accommodation purposes, including, but not limited to: sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping); storing personal belongings; making any fire; the presence or use of any tents, temporary shelters, unauthorized structures or vehicles; or digging or breaking ground without proper authorization. “Commercial activity” means the use of or activity in the forest reserve for which compensation is received by any person for goods or services or both rendered to customers or participants in that use or activity. Soliciting, demanding, or requesting gifts, money, or services shall be considered commercial activity. Commercial activities include activities with base of operations outside the boundaries of the forest reserve, display of merchandise, or activities which provide transportation to or from the forest reserve. “Commercial use” is any type of commercial activity which is considered compatible with the functions and purposes of each individual area, facility, or unit within a forest reserve. “Compensation” includes but is not limited to, monetary fees, donations, barter, or services in-kind. “Department” means the department of land and natural resources. “Division” means the division of forestry and wildlife. “Forest product” means any natural material from a forest reserve, including but not limited to timber, seedlings, seeds, fruits, greenery, tree fern, cinder, lava rock, ti leaves, and bamboo. “Forest reserve” means those lands designated as forest reserves by the department pursuant to sections 183-11 and 183-15, Hawaii Revised Statutes, and other lands for plant sanctuaries, facilities, nurseries, 104-4 3382 ~ §13-104-3 and baseyards under the custody and control of the division. “Motorized vehicle” means a vehicle of any shape or form that depends on a motor (gas, electric, or other fuels) for propulsion. “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. “Structure” means any object or improvement constructed, installed, or placed on state lands, including but not limited to buildings, sheds, lean tos, picnic tables, memorials, hunting blinds, tree stands, mobile homes, campers, trailers; provided that tents, campers, vehicles, and other temporary objects related to authorized activities shall not be considered structures for the purposes of this definition; provided further that the objects are in compliance with rules and regulations governing those activities on state lands. “Tree harvesting” means the removal of live trees from a forest reserve. [Eff 9/28/81; am and comp 10/15/93; am 12/9/02; am and comp JAN 16 ~ I (Auth: HRS §183-2) (Imp: HRS §183-2)