HAR §13-126-2. Definitions

As used in this chapter unless otherwise provided: "Abandoned property" means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles or vessels that have been left unattended on land owned or controlled by the State for a continuous period of more than twenty-four hours without the written permission of the board or its authorized representative. "Aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air. "Aquatic life" means any finfish, crustacean, mollusk (including sea shell and opihi), live coral, algae or limu, or other marine life, or eggs thereof. "Authorized representative" means any person authorized by the board of land and natural resources to act for the board including the chairperson, deputy directors, the forestry and wildlife administrator, forestry and wildlife managers, foresters, wildlife biologists, and conservation enforcement officers. "Bicycle" means any type of non-motorized two or three-wheeled vehicle. "Board" means the board of land and natural resources. §13-126-2 126 - 4 "Camper" means any person engaged in a camping activity. "Camping" means being in possession of a backpack, tents, blankets, tarpaulins, or other obvious camping paraphernalia, any time after one hour after sundown until sunrise in a wildlife sanctuary. Includes the use of a wildlife sanctuary for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking or carrying on cooking activities. The above-listed activities constitute camping when it reasonably appears, in light of the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Cave" means any naturally occurring void, cavity, recess, or system of interconnected passages large enough for human entry, occurring beneath the surface of the earth or within a cliff or ledge, including the cave resources therein, whether or not an entrance exists or is natural or artificial, and that is of archaeological, geological, biological, or cultural significance. The term includes such forms as a lava tube, natural pit, sinkhole, underwater cave, or other feature that is an extension of the entrance. "Chairperson" means the chairperson of the board of land and natural resources. "Commercial activity" means the use of or activity in a state wildlife sanctuary for which compensation is received by any person for goods or services or both rendered to customers or participants in that use or activity. Display of merchandise, soliciting, demanding or requesting gifts, money, or services shall be considered commercial activity. §13-126-2 126 - 5 Commercial activities include activities whose base of operations are outside the boundaries of the state wildlife sanctuary, or provide transportation to or from the state wildlife sanctuary. "Compensation" includes, but is not limited to fees, barter, or services-in-kind. "Department" means the department of land and natural resources. "Fishing" means to fish for, catch, capture, or harvest, or to attempt to fish for, catch, capture, or harvest aquatic life. The use of any gear, equipment, tool, or other means by any person who is in the water, in a vessel on the water, or on or about the shore to fish for, catch, capture, or harvest, or to attempt to fish for, catch, capture, or harvest aquatic life shall be construed as fishing activity. "Hunting" means the act of pursuing with the means to take, kill or capture wildlife. "Indigenous" means any aquatic life, wildlife, or land plant species growing or living naturally in Hawaii without having been brought to Hawaii by humans. "Motorized vehicle" means a vehicle of any shape or form that depends on a motor (gas, electric, or other fuels) for propulsion. "Nude" means uncovered post-pubertal human genitals, pubic areas, or the nipple or areola of post-pubertal human female breasts. "Paleontological deposit" means any remains or fossils of life forms or surface debris that are over fifty years of age and provide a record of past climates and biota. "Premises" means any lands within the state wildlife sanctuary system. "State Wildlife Sanctuary System" means those public lands or lands under the control and management of the Division of Forestry and Wildlife which have been designated as State Wildlife Sanctuaries. §13-126-2 126 - 6 "Subsistence" means harvesting for direct personal or family consumption and not for commercial purposes. "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in any such conduct. "Traditional and customary practices" means Native Hawaiian traditional and customary practices as defined under the Hawaii State Constitution, statutes, and case law. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds, bicycles and devices other than bicycles moved by human power. "Vessel" means every description of watercraft used or capable of being used as a means of transportation on water, including, but not limited to, power boats, ships, tugs, sailing vessels, barges, scows, lighters, ferry boats, pleasure craft, floating equipment, floating gear, dry docks, and any and all other watercraft. "Wildlife" means any non-domesticated member of the animal kingdom or feral member of any domesticated animal, whether reared in captivity or not, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. [Eff 1/22/2010 ] (Auth: HRS §§ 183D-2, 183D-3, 183D- 4, 195D-3, 195D-6) (Imp: HRS §§ 183D-2, 183D-3, 183D- 4, 195D-2, 195D-3, 195D-4, 195D-5, 195D-6)