HAR §13-256-17. Recreational thrill craft operations

(a) Access to and from designated recreational thrill craft operating areas shall be by the most direct route consistent with safety considerations. Thrill craft operators shall not exceed a speed of slow-no- wake when within three hundred feet of the shoreline. (b) Thrill craft operation shall be prohibited in State waters surrounding the islands of Kahoolawe, Lanai, Molokai and Niihau. In all other non-designated ocean recreation management areas of state waters, recreational thrill craft may operate seaward of five hundred feet from the shoreline or the outer edge of the fringing reef whichever is greater. (c) In designated ocean recreation management areas, recreational thrill craft may operate only within locations designated for recreational thrill craft use. (d) No thrill craft shall be operated for profit 256-19 Unofficial Compilation or gain in a recreational thrill craft operating area. (e) Recreational thrill craft may gain access to state waters only from launching or harbor facilities or from private beachfront property. (f) The State may exempt thrill craft from the requirements of this section, and allow thrill craft to operate outside of designated thrill craft areas, as described in subchapters two through eleven, conditioned upon application for, and receipt of, a miscellaneous use permit pursuant to section 13-231- 3(a)(8). [Eff 2/24/94; am 12/31/18] (Auth: HRS §§200- 22, 200-24) (Imp: HRS §§200-22, 200-24) §13-256-18 Commercial thrill craft operations, commercial high speed boating and water sledding operations. (a) No commercial thrill craft, high speed boating or water sledding activities shall be conducted on the waters of the State unless the owner has applied for and been issued a commercial operating area use permit for a designated commercial thrill craft, high speed boating or water sledding operating area, in addition to any commercial use permit required for state-owned facilities. No more than one commercial operating area use permit shall be issued to an owner to conduct commercial thrill craft, high speed boating or water sledding. (b) Commercial thrill craft are limited to operating within a two hundred foot radius of the permitted designated location except as otherwise designated. The number of thrill craft permitted to operate within each commercial thrill craft operating area shall be as directed by the department, not to exceed a limit of six rental units and two safety units per area. Water sledding operations may be conducted in the designated thrill craft areas only if no other thrill craft activity is ongoing in said area. (c) No more than one vessel shall be permitted to operate under a commercial operating area use permit issued for high speed boating or water 256-20 Unofficial Compilation sledding. (d) Access to and from designated areas shall be only from harbors and ramp facilities, or areas designated by a valid conservation district use permit issued by the Department of Land and Natural Resources or areas designated by the Department. (e) Commercial thrill craft, high speed boating and water sledding operators shall proceed at a speed of slow-no-wake, or as otherwise posted, by the most direct route consistent with safety considerations. Thrill craft, high speed boating and water sledding operators shall not exceed a speed of slow-no-wake when within three hundred feet of the shoreline. (f) No other activity is permitted in designated commercial thrill craft operating areas or recreational and commercial water skiing or water sledding areas during the time of authorized operations for safety purposes. (g) Commercial thrill craft operators shall be required to establish a safety instruction program for customers that includes, but is not limited to, the safe use of a thrill craft, boundaries of operating areas and the use of a personal flotation device. [Eff 2/24/94; am 7/5/03; am 8/8/11] (Auth: HRS §§200- 2, 200-4, 200-22, 200-24, 200-37) (Imp: HRS §§200-2, 200-4, 200-22, 200-24, 200-37)