HAR §13-251-58. Kaanapali beach and ocean waters

(a) This section shall not apply in the event of an emergency, to law enforcement or rescue craft, to vessels participating under a valid ocean waters permit issued by the department, or to Hawaiian design canoes engaged in crew training. The Kaanapali beach and ocean waters are shown on Exhibit "2", dated May 1, 2012, located at the end of this subchapter and incorporated herein. The boundaries are as follows: Beginning at a point on the northern end of Kaanapali Beach and ocean waters located at 20°57′8.86″N, 156°41′33.68″W; then shoreward to the mean high water mark at 20°57′2.72″N, 156°41′25.33″W; then southward to the mean high water mark of the extended centerline of Wahikuli Road at 20°53′42.57″N, 156°41′6.44″W; then seaward to 20°53′42.75″N, 156°41′16.44″W; then north generally running parallel to the beach at 20°54′2.64″N, 156°41′16.43″W; then to 20°54′31.48″N, 156°41′32.99″W; then to 20°54′42.94″N, 156°41′51.26″W; then to 20°54′58.87″N, 156°41′58.32″W; then seaward of Black Rock at 20°55′40.15″N, 156°41′58.14″W; then to 20°56′11.79″N, 156°41′44.21″W; then to 20°56′52.51″N, 156°41′41.88″W; then to the point of beginning. (b) Restrictions. (1) No person shall navigate any vessel at a speed in excess of "slow no wake" (five (5) miles per hour) within 500 feet of the shoreline; 251-37 Unofficial Compilation (2) No person shall navigate a motorboat within 200 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 500 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 200-foot shoreline restriction, provided that designated swimming areas are approached with caution and due care; (3) No person shall navigate a motorized vessel within 300 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 anchor or moor a vessel, barge, platform, or raft within 200 feet of the shoreline or a designated ingress/egress corridor; and (6) No person shall navigate or moor a vessel engaged in commercial use unless the vessel has been registered and the owner has a valid permit issued 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. (7) Vessels holding a valid ocean recreation management area commercial use permit may use a state small boat harbor or boat launching ramp when winds are in excess of 25 miles per hour and/or during periods of high surf warnings as indicated by the National Weather Service would prevent safe access to the shoreline through a designated ingress or egress zone; (8) The vessel operator or master shall afford the department prior notice of the presence 251-38 Unofficial Compilation or threat of such conditions and shall be subject to local direction and control as necessary to avoid conflict with other users of the facility; and (9) Use of a state boating facility in accordance with this section shall not affect the permittee's right to use such boating facilities in the absence of such conditions as permitted by law. (c) Zone A, designated primarily for swimming, bathing, snorkeling and diving, is described as follows: Beginning at a point 300 feet south of Leialii Parkway; then 2 00 feet seaward; then northward to seaward prolongation of Kaanapali Beachwalk at the north end of Hanakaoo Beach Park; then shoreward to the high water mark; then southward along the high water mark to the point of beginning. (1) 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; and (B) Vessels engaged in fishing during periods of low use of the beach. (d) Zone B, designated primarily for swimming, bathing, snorkeling and diving, is described as follows: Beginning at a point on the high water mark on the seaward prolongation of the Kaanapali Beach Public Access Trail south of Kekaa Point at 20°55′29.70″N, 156°41′42.70″W; then seaward to 20°55′29.79″N, 156°41′49.40″W; then northward to 20°55′39.12″N, 156°41′52.40″W; then to 20°55′43.58″N, 156°41′48.89″W; then shoreward to the high water mark; then following Black Rock 251-39 Unofficial Compilation southward along the high water mark to the point of beginning. (1) The same restrictions and exceptions applicable to Zone A are applicable to Zone B. (e) Ingress/egress zones; (1) Zone 1 begins at the seaward prolongation of Kaanapali Beachwalk at the north end of Hanakaoo Beach Park; then northward along the vegetation line for a distance of 500 feet; (2) Zone 2 begins at a point on the vegetation line on the ocean-side of the Marriott's Maui Ocean Club Hotel; then northward along the vegetation line for a distance of 500 feet; (3) Zone 3 begins at a point on the vegetation line located north of the Westin Maui Hotel; then northward along the vegetation line for a distance of 500 feet; (4) Zone 4 begins at a point on the vegetation line located 575 feet south from the southernmost tip of Black Rock shoreline and south of the Kaanapali Beach Public Access Trail; then southward along the vegetation line for a distance of 500 feet; and (5) Zone 5 begins at a point on the vegetation line located north of the Black Rock shoreline, then northward along the vegetation line for a distance of 500 feet. (f) These zones shall be established at intervals along the shoreline to provide beach access for all vessels governed by this chapter. Each zone shall be 500 feet wide at the shoreline and shall extend seaward for a distance of 500 feet. (g) Users of the ingress/egress zones determine the best direction for approach to or departure from the shoreline under existing wind and sea conditions. (h) No person shall: (1) Navigate a commercial vessel or noncommercial motorized vessel to or from 251-40 Unofficial Compilation the beach area unless using a designated ingress/egress zone; (2) Beach a catamaran, registered for carrying passengers for hire in an ingress/egress zone in excess of 30 minutes; and (3) Navigate a vessel within an ingress/egress zone at a speed exceeding slow-no-wake. [Eff 2/24/94; am 6/16/03; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24, 200-37) (Imp: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200- 24, 200-37)