HAR §13-130-2. Definitions

As used in this chapter, unless otherwise provided or required by context: "Access" means an easement, route, way, or portion thereof, one which the general public has the right to 130-4 travel; and which is used, or has been used by the general public, or is intended for use by the general public, primarily to reach or to depart a public beach, shore, park trail, forest, historic or cultural site, or other public area. It includes a lateral way along the shoreline, coastline, or beach. "Administrator" means the administrator of the division of forestry and wildlife, department of land and natural resources, or an authorized representative. "Authorized representative" means a person designated to act for the board, the chairperson, or the administrator, including Na Ala Hele program staff, foresters and biologists, district land agents, conservation enforcement officers, and other persons. "Bicycle" means any type of non-motorized bicycle including mountain bikes. "Board" means the board of land and natural resources or its authorized representative. "Camping" means being in the possession of a backpack, tents, blankets, tarpaulins, or other obvious camping paraphernalia, the use of which necessarily involves overnight sleeping, one hour after sundown along a program trail or access any time after one hour after sundown until sunrise along a program trail or access. "Chairperson" means the chair of the board of land and natural resources or an authorized representative, except when referring to an advisory council chairperson pursuant to Subchapter 2. "Commercial" or ?commercial purpose@ means the receipt of compensation by any person for services rendered to customers or participants in conjunction with a use of or activity on a program trail or access, which compensation is in excess of actual expenses incurred in the pursuit of the use or activity. Any person receiving compensation in conjunction with a use of or activity on a program trail or access who seeks to qualify as non-commercial shall have the burden of establishing to the satisfaction of the department through a written agreement that any fee or charge is strictly a sharing of the actual expenses of the use or activity. A not-for-profit organization that charges only a nominal fee to cover administrative cost and conducts activity on a program trail or access at a frequency or magnitude that does not significantly contribute to the degradation of the trail or access is not commercial. "Commercial activity" means an activity on a program trail or access for commercial purposes, 130-5 including, but not limited to, conducting tours, hikes, bicycle rides, equestrian rides, off-road vehicle rides and providing guide services. Commercial activity include activities whose base of operations are outside the boundaries of the program trail or access, but that rent equipment or livestock for use on a program trail or access, or provide transportation to or from program trails and accesses. "Compensation" includes, but is not limited to, monetary fees, barter, or services in-kind. ?Course maintained for travel@ means the area within a trail or access corridor that is paved, leveled, or otherwise improved for transport or travel, or that is marked as the path for transport or travel. "Department" means the department of land and natural resources or its authorized representative. "Division" means the division of forestry and wildlife, department of land and natural resources. "Equestrian" means horses, mules, and any other animals used to ride or used to transport food, equipment, or cargo. "Inventoried trails" mean trails and accesses that are included in the Na Ala Hele Program inventories. "Mode of transport or travel" means any method used to move humans along trails, including, but not limited to, walking, running, bicycling, skating, skate boarding, roller blading, riding equestrian animals, motorcycles, trucks, and automobiles. "Motorized vehicle" means a vehicle of any shape or form that depends on a motor (gas, electric, or other fuels) for propulsion. "Na Ala Hele" means the statewide trails and access program authorized by chapter 198D, Hawaii Revised Statutes. "Non-motorized vehicle" means a vehicle of any shape or form that depends on human, animal, wind, spring, or other non-motorized means for propulsion. AOpen fire@ means a fire that does not emanate from a device that utilizes a refined fuel source such as propane or gasoline. "Person" includes, but is not limited to, an individual, firm, partnership, corporation, trust, association, joint venture, organization, institution, or other entity. ?Post@ means the placement of any sign restricting, or conditioning, or advising regarding the 130-6 use of a program trail or access. AProgram access@ are the accesses designated pursuant to subchapter 3. "Program trails" are the trails and accesses designated pursuant to subchapter 3, as amended. Program trails consist of a corridor which includes the course maintained for travel plus adjacent land, if any, that is subject to a right of way, license, memorandum of agreement, or any other agreement with another public agency or a private landowner pertaining to the use or disposition of the land for a program trail or access. "Residing" means being on the same trail or access or any portion thereof for more than three continuous days. AService Animal@ includes any animal individually trained to do work or perform tasks for the benefit of an individual with a disability. "Spark arrester" means a device constructed of nonflammable materials specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine that is operated by hydrocarbon fuels. "Special event" means a use that is compatible with the functions and purposes of a program trail or access, or trail segment, but which is in the nature of an event and requires exclusive use of an area for a limited period of time. Special uses include, but are not limited to, meetings, weddings, races, concerts, shows, other community events or activities, and scientific collection of plants and animals. "Trail" means an identifiable linear course or portion thereof which has been used, is used, or is intended for use by the general public primarily for a recreational, educational, traditional, or inspirational experience to traverse, reach or to depart a public beach, shore, park, forest, historic or cultural site, or other public area. "Trail" also includes "access" when the context does not preclude such an interpretation. "Wheelchair" means a mobility aid used primarily by individuals with disabilities. [Eff. ] (Auth: HRS '198D-11) (Imp: HRS Chapter 198D)