HAR §13-244-34. Ala Moana Beach Park ocean waters

(a) Definition. "Ala Moana Beach Park ocean waters" means the area confined by boundaries as shown on Exhibit "E", attached hereto and made a part hereof and also described as follows: (1) Beginning at a point on the Ewa side of Magic Island Park where the rock revetment joins the beach; (2) Along the mean high water mark of Ala Moana Beach to the Diamond Head boundary of Kewalo Basin; (3) Along the edge of the reef line shown to a point opposite the point of beginning; and (4) In a Diamond Head direction to and ending at the point of beginning. (b) Restrictions. No person shall operate or moor a vessel in the Ala Moana Beach Park ocean waters, the area of which is defined in this section except manually-propelled outrigger canoes may be operated in the canoe practice area which is confined by boundaries as shown on Exhibit E attached hereto and made a part hereof and also described as follows: (1) Beginning at a point where a line drawn in a true south direction from the Ewa end of the concrete wall that runs along Ala Moana Beach, intersects the mean high water mark; (2) Along the mean high water mark in a westerly direction to the Diamond Head boundary of Kewalo Basin; (3) Along the reef line shown in a Diamond Head direction to a point where a prolongation of the Ewa boundary fence of the Ala Moana tennis courts intersects the reef line; (4) In a shoreward direction for a distance of one hundred feet; (5) In an Ewa direction on a line parallel to the reef line shown to a point where a 244-29 Unofficial Compilation prolongation of the line described in paragraph (1) intersects said line; and (6) In a shoreward direction to and ending at the point of beginning. This subsection shall not apply in the case of emergency or to patrol or rescue craft. For the purpose of this section a surfboard is not to be considered a vessel. [Eff 2/24/94] (Auth: HRS §200- 24) (Imp: HRS §§200-22, 200-24) §13-244-35 Manele-Hulopoe marine life conservation district. (a) Definition. "Manele- Hulopoe marine life conservation district" means the waters of the State located within Subzone A and Subzone B of the Manele-Hulopoe marine life conservation district as shown on State of Hawaii map C.S.F. No. 17565 (Revised April 1976) on file with the office of the state surveyor, department of accounting and general services, State of Hawaii. A copy of which is designated Exhibit "F", attached hereto and made a part hereof. (b) Prohibited activities. It shall be unlawful for any person to operate, anchor or moor a vessel in such manner as will injure, damage or destroy any marine life or geological feature or specimen within the Manele-Hulopoe marine life conservation district. Without limiting the generality of the foregoing, no person shall operate, anchor or moor any vessel within the boundaries of Subzone A of the Manele-Hulopoe marine life conservation district except a person (1) engaged in law enforcement, rescue or other operations essential to preserve life or property; (2) a person engaged in research or other activities pursuant to a permit issued by the department of land and natural resources. Notwithstanding the foregoing restrictions on the operation of a vessel within Subzone A, a manually-propelled Hawaiian outrigger canoe may be operated (but not anchored or moored) within the subzone. [Eff 2/24/94] (Auth: HRS §200-24) (Imp: HRS §§200-22, 200-24) 244-30 Unofficial Compilation §13-244-36 Kaanapali ocean waters, general restrictions. (a) The Kaanapali ocean waters are subject to the following restrictions: (1) No person shall navigate any vessel at a speed in excess of five miles per hour within five hundred feet of the shoreline; (2) No person shall navigate a motorboat in or on Kaanapali ocean waters within two hundred feet of the shoreline, or designated swimming area, or within one hundred feet of a diver's flag, nor shall any person navigate a commercial motorized vessel within five hundred feet of the shoreline except within a designated ingress/egress corridor. Notwithstanding this paragraph, vessels engaged in fishing outside the designated ingress/egress corridors are exempt from the two hundred foot shoreline restriction, provided that designated swimming areas are approached with caution and due care; (3) No person shall navigate a motorized vessel within three hundred feet of a vessel engaged in fishing; (4) A vessel engaged in fishing shall not impede the passage of any vessel passing through a designated ingress/egress corridor; (5) No person shall embark or disembark passengers on the beach to or from a catamaran registered to carry passengers for hire when the vessel exceeds sixty-five feet in length or a passenger carrying capacity of forty-nine persons unless prior permission to navigate the Kaanapali ocean waters is obtained from the department for each trip through these waters. Notwithstanding this paragraph, any company currently operating a catamaran which exceeds sixty-five feet in length or a passenger carrying capacity of forty-nine persons, which is in business and properly 244-31 Unofficial Compilation registered with the department of commerce and consumer affairs as of the effective date of these rules may apply for and renew its permit as long as the company remains in business, remains properly registered with the department of commerce and consumer affairs, and complies with the rules of that department; (6) No person shall anchor or moor a vessel, barge, platform, or raft within two hundred feet of the shoreline or a designated ingress/egress corridor; and (7) No person shall moor a vessel engaged in commercial use in or on Kaanapali ocean waters unless the vessel has been registered and the owner has a valid permit issued by the department in accordance with this chapter; however, commercial vessels solely transiting through the Kaanapali ocean waters shall not be required to be registered or have a commercial permit. This subsection shall not apply to Hawaiian design canoes engaged in crew training. (b) This section shall not apply in the event of an emergency, to law enforcement or rescue craft, or to vessels participating under a valid ocean waters permit issued by the department. [Eff 2/24/94; am 6/16/03] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200- 24) §13-244-37 Zone A, Zone B, Ingress/Egress Zones, and Ingress/Egress Corridors. (a) The Kaanapali ocean waters shall be divided into the following zones: (1) Zone A, Kaanapali ocean waters (i) This zone is designated primarily for swimming, bathing, snorkeling, and diving, and means the area confined by the boundaries shown and described in Exhibit G, July 1, 1984, located at the 244-32 Unofficial Compilation end of this chapter, which boundaries are described as follows: Beginning at a point on the vegetation line six hundred fifty feet north along the vegetation line from the intersection of the extended centerline of Kaniau Road and the vegetation line; thence running by azimuths measured clockwise from True South: 080 degrees for a distance of two hundred feet; 14 6 degrees 30 minutes for a distance of three thousand seven hundred fifty feet; 206 degrees to a point on the vegetation line; thence southward along the vegetation line to the point of beginning. (ii) No person shall navigate or moor a vessel, surfboard, sailboard, or any other water recreational device in or on the waters of Zone A, provided that this restriction shall not apply to: (A) Paipo boards not in excess of four feet in length and without skegs or any other fin-like projections protruding from the bottom of the boards; (B) Hawaiian design club canoes engaged in crew training; (C) Vessels engaged in fishing during periods of low use of the beach. (2) Zone B, Kaanapali ocean waters (i) This zone is an area designed primarily for swimming, bathing, snorkeling, and diving, and means the area confined by the boundaries shown on Exhibit G, July 1, 1984, located at the end of this chapter and defined as: Beginning at a point on the vegetation line seven hundred fifty feet south along the vegetation line from the southernmost tip of Keka'a 244-33 Unofficial Compilation Point shoreline, thence running by azimuths measured clockwise from True South: 068 degrees for a distance of two hundred feet; 156 degrees for a distance of two hundred fifty feet; 078 degrees 30 minutes for a distance of three hundred fifty feet; 156 degrees for a distance of six hundred feet; 221 degrees for a distance of five hundred feet; 287 degrees to a point on the vegetation line; thence southward along the vegetation line to the point of beginning. (ii) Restrictions: The same restrictions and exceptions thereto applicable to Zone A are applicable to Zone B. (3) Ingress/Egress zones. (i) These zones shall be established at intervals along the shoreline to provide beach access, through corridors, for all vessels governed by this chapter. Each zone shall be five hundred feet wide at the shoreline and shall extend seaward for a distance of five hundred feet. Zone number one begins at the point where the north bank of Wahikuli Stream intersects the vegetation line; then northward along the vegetation line for a distance of five hundred feet. Zone number two begins at a point on the vegetation line which is two thousand three hundred feet north along the vegetation line from a point where the north bank of Wahikuli Stream intersects the vegetation line; then northward along the vegetation line for a distance of five hundred feet. Zone number three begins at a point on the vegetation line which is two thousand four hundred feet south 244-34 Unofficial Compilation along the vegetation line from the mean high water mark of the southernmost tip of Keka'a Point shoreline; then southward along the vegetation line for a distance of five hundred feet. Zone number four begins at a point on the vegetation line which is seven hundred fifty feet south along the vegetation line from the mean high water mark from the southernmost tip of Keka'a Point shoreline; then southward along the vegetation line for a distance of five hundred feet. Zone number five begins at a point on the vegetation line which is eight hundred twenty-five feet north along the vegetation line from the vegetation line from the southernmost tip of Keka'a Point shoreline, then northward along the vegetation line for a distance of five hundred feet. (ii) No person shall navigate a vessel within an ingress/egress zone unless operating within an ingress/egress corridor, provided that this restriction shall not apply to Hawaiian design club canoes engaged in crew training. (4) Ingress/Egress corridors. (i) These corridors shall be contained within each ingress/egress zone. Each corridor shall be one hundred feet wide and shall be established daily by markers placed by the users of the corridor to determine the best direction for approach to or departure from the shoreline under existing wind and sea conditions. (ii) No person shall: (A) Navigate a commercial vessel or non-commercial motor powered vessel to or from the beach area 244-35 Unofficial Compilation unless using a designated ingress/egress corridor; (B) Navigate a catamaran, registered for carrying passengers for hire, in an ingress/egress corridor, or approach the shoreline within a distance of five hundred feet, if another catamaran is beached within the boundaries of the intended corridor of use; (C) Beach a catamaran, registered for carrying passengers for hire, in an ingress/egress corridor in excess of thirty minutes; and (D) Navigate a vessel within an ingress/egress corridor at a speed exceeding slow-no-wake. (iii)Exceptions to the restrictions for Ingress/Egress Zones are applicable to Ingress/Egress Corridors. (b) This section shall not apply in the event of an emergency, to law enforcement or rescue craft, or to vessels operating under a valid ocean waters permit issued by the department. [Eff 2/24/94; am 12/31/18] (Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200-4)