HAR §13-256-22. Tow-in surfing

(a) The State assumes no responsibility or liability associated with tow-in surfing. (b) Only thrill craft may be used for tow-in 256-23 Unofficial Compilation surfing. (c) All thrill craft being used for tow-in surfing shall be recorded with the department using forms provided by the department. (d) Tow-in surfing decals shall be provided at the time the vessel is recorded with the department and shall be required to be prominently displayed on the front half of the vessel. (e) Thrill craft not recorded with the department for tow-in surfing are prohibited from displaying a tow-in surfing decal. (f) Effective September 1, 2004, both the thrill craft operator and surfer, who engage in, or operate a thrill craft for tow-in surfing, shall be required to possess, and make available upon demand of enforcement personnel, a certificate of completion from an accredited institution of higher education in Hawaii on the safe use and operation of a thrill craft in high surf, that includes but is not limited to: (1) Local ocean safety principles and practices; (2) Hawaii Administrative Rules as they apply to boating; (3) The historical, cultural, and customary practices of Hawaii's ocean users; and (4) Any rules or laws pertaining to protected species and thrill craft operation in the State. (g) When operating a thrill craft for tow-in surfing, all operators shall: (1) Carry on board a two-way communicating device; (2) Tow-in a maximum of one person at any one time; (3) Carry dive fins and a safety knife on their person; and (4) Yield right of way to all other boating or ocean recreation activities by leaving the same surfing break area and remaining a minimum of one thousand feet from the other activities. (h) Notwithstanding section 13-256-17, within 256-24 Unofficial Compilation designated ocean recreation management areas, thrill craft used for tow-in surfing may enter the ocean recreation management area to gain access to and from a surfing site and for board and personnel recovery, rescue, and emergency purposes only in areas designated specifically for this activity as described in sections 13-256-23, 13-256-24, and 13-256-25. (i) Unless otherwise provided by rule, towing surfers into waves within a designated ocean recreation management area shall be prohibited. (j) Tow-in surfing may only be conducted during periods of high surf warning as declared by the National Weather Service in the region or around the island or islands for which the high surf warning has been issued. (k) Notwithstanding section 13-244-18, surfers engaged in tow-in surfing shall not be required to wear a life-saving device. (l) Thrill craft used for tow-in surfing may gain access to State waters from boat ramps, harbor facilities or from private beach front property and access the designated tow-in surfing area by the most direct route consistent with safety considerations. (m) In addition to equipment required by the U.S. Coast Guard for vessels, all thrill craft used for tow-in surfing shall be equipped with the following: (1) A rescue sled that is a minimum of three feet wide, four feet long and three inches thick. The sled shall have a minimum of five hand-grip handles, two of which shall be on the port side, two on the starboard side and one at the bow of the sled. The sled shall not exceed the thrill craft load capacity recommended by the manufacturer; (2) A quick-release tow-rope a minimum of thirty-feet long; and (3) A bow tow-line a minimum of six feet long. (n) Notwithstanding section 13-244-9, thrill craft used for tow-in surfing may be in proximity of 256-25 Unofficial Compilation the shoreline and tow-in surfers and travel at a speed greater than slow-no-wake when accessing the ocean or shoreline or when retrieving a surfboard or surfer in accordance with this subchapter. (o) The thrill craft shall be operated at all times with due care for the rights and safety of people and property and the operator shall abide by any state or federal laws as they pertain to protected species. (p) All participants in tow-in surfing special events shall be required to possess a certificate of completion as described in subsection (f). (q) Notwithstanding section 13-256-17(d), operators of a thrill craft used for filming tow-in surfing shall possess a certificate of completion as required by subsection (f). [Eff 10/2/03; am 12/31/18] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24, 200-37) (Imp: HRS §§200-2, 200-3, 200-4, 200- 22, 200-24, 200-37)