HAR §13-256-72. Kualoa water restricted zones

(a) Zone A Kualoa waters restricted zone is the area encompassed by the boundaries of the zone shown on Exhibit "U", "Kualoa, Oahu, Hawaii," dated September 8, 1998, incorporated herein, and located at the end of this subchapter. The boundaries of Zone A are as follows: Beginning at a point at approximately 21º 31' 16.6" N / 157º 50' 06.9" W, then going in an easterly direction to approximately 21º 31' 16.6" N / 157º 49' 58.2" W, then going in an southerly direction to approximately 21º 31' 11.5" N / 157º 49' 58.2" W, then going in a westerly direction to approximately 21º 31' 11.5" N / 157º 50' 07.3" W, then to the point of beginning. Zone A is designated as a commercial thrill craft zone for the Kualoa full service permit. Not more than 256-66 Unofficial Compilation six rental thrill craft and one thrill craft used for safety and rescue purposes shall operate at any one time. No person shall operate or moor a vessel or sailboard in Zone A when being used by commercial thrill craft. Commercial thrill craft shall be operated within Zone A only between the hours of 9:00 a.m. and 5:00 p.m., Mondays through Saturdays. No commercial thrill craft shall be operated within Zone A on Sundays or federal holidays. (b) Zone B Kualoa waters restricted zone is the area encompassed by the boundaries of the zone shown on Exhibit "U", "Kualoa, Oahu, Hawaii," dated September 8, 1998, incorporated herein, and located at the end of the subchapter. The boundaries of Zone B are as follows: Beginning at a point at approximately 21º 31'16.6" N / 157º 49' 58.2" W, then in an easterly direction to approximately 21º 31' 16.6" N / 157º 49' 56.0" W, then in an southerly direction to approximately 21º 31' 06.4" N / 157º 49' 56.5" W, then in a westerly direction to approximately 21º 31' 06.4" N / 157º 50' 07.5" W, then in a northerly direction to approximately 21º 31'11.5" N / 157º 50' 07.7" W, then in an easterly direction to approximately 21º 31' 11.5" N / 157º 49' 58.2" W, then in a northerly direction by straight line to the point of beginning. Zone B is designated as a non- exclusive commercial ocean water sports zone. High speed towing, water skiing, and water sledding shall be prohibited. All vessels transiting Zone B shall proceed with extreme caution. (c) All commercial ocean use activities are prohibited within Kualoa waters restricted zones and on Sundays and federal holidays. [Eff 2/24/94; am 11/7/11] (Auth: HRS §§200-2, 200-4, 200-22, 200-23, 200-24, 200-37, 200-39) (Imp: HRS §§200-2, 200-4, 200- 22, 200-23, 200-24, 200-37, 200-39) 256-67 Unofficial Compilation §13-256-72.1 Kualoa waters restricted zones permit. (a) Not more than one Kualoa full service permit shall be issued for Kualoa waters restricted zones subject to the following conditions: (1) The number of thrill craft shall be in accordance with the limits authorized in section 13-256-72(a). The number and type of other vessels and equipment shall not exceed the number and type of vessel and equipment permitted by the department on the effective date of these rules; (2) All thrill craft and other operational vessels and equipment shall be registered in accordance with section 13-256-4(a), notwithstanding section 13-256-4(b), and display a current Ocean Recreation Management Area decal; (3) Replacement or substitution of any existing vessels or equipment shall require prior written approval by the department and the department shall have discretion to permit a vessel substitution with a similar length vessel; provided that the increase is not greater than ten per cent of the length of the vessel being substituted as it existed on May 22, 2000. An increase of greater than ten per cent of the length of the authorized vessel of record on May 22, 2000 is prohibited; (4) The maximum number of customers per day may be established through the conservation district use permit application process, but shall not exceed one-hundred and fifty customers; (5) Water sledding, water skiing, and high speed towing shall be prohibited; (6) The permittee shall maintain a daily log of the number of customers serviced by thrill craft and shall present the logs to division of boating and ocean recreation for review and inspection upon request; and 256-68 Unofficial Compilation (7) Educational and not-for-profit tours shall not be counted against daily customer limits, but shall not exceed the maximum number of one hundred fifty customers allowed per day. Not-for-profit tours and passengers shall not be mixed with commercial customers on the vessel at the same time. Not-for-profit passengers shall not engage in thrill craft or high speed towing activities. (b) All associated commercial operational and supporting activities shall be conducted from land in accordance with all applicable land use laws and zoning ordinances. (c) Any vessel with an authorized carrying capacity of more than six passengers with installed toilet facilities shall be equipped with a United States Coast Guard approved marine sanitation device. (d) Any transfer by the permittee or any transfer or combination of transfers of a majority interest or greater by the owners or shareholders of record of a business entity holding a permit shall automatically void the use of thrill craft and the permit shall revert to a large snorkel tour permit as found in section 13-256-73.5, unless the transfer is to a family member. (e) Any transfer shall result in the assessment of a business transfer fee in accordance with section 200-37, HRS, for a transfer that includes the use of thrill craft and in accordance with section 13-256-7 for the transfer of a large snorkel tour. (f) The permittee shall identify and mark the boundaries of the designated thrill craft operating zone with temporary floating buoys only installed during periods of commercial operation. [Eff 11/7/11] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-23, 200- 24, 200-37, 200-39) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-23, 200-24, 200-37, 200-39)