HAR §13-261-10. Entrance into the reserve

No person or vessel shall enter or attempt to enter into or remain within the reserve unless such person or vessel:(a) Is specifically authorized to do so by the commission or its authorized representative as provided in section 13-261-11; or, (b) Is specifically authorized to do so through a written agreement approved by the commission; or, (c) Is trolling in zone B, in compliance with section 13-361-13(b)(3); or, (d) Must enter the reserve to prevent probable loss of vessel or human life, provided that: (1) Prior to entering the reserve and at reasonable intervals thereafter, such person shall make every reasonable effort to notify the commission staff or the United States Coast Guard that loss of vessel or human life is probable; (2) All fishing gear shall be stowed immediately upon entering the reserve; and (3) Such person shall vacate the reserve immediately after the threat of probable loss of vessel or human life has passed. [Eff: July 6, 2002] (Auth: HRS §§6K-1, 6K-3, 6K-4, 6K-6, 6K-7, 199-1, 199-7) (Imp: §§6K-3, 6K-4, 6K-7, 199-7) §13-261-11 Procedure for the authorization of entrance into and activity within the reserve. (a) Any person required by this chapter to obtain commission authorization to enter into or conduct activity within the reserve shall apply for such authorization by making written application to the commission. The forms for such application may be obtained from the commission office. The application shall include: (1) The applicant’s name, address and telephone number; 261-8 §13-261-11 (2) The dates and locations of the requested entrance; (3) A description of the purposes of and activities associated with the entrance; (4) The number and names of persons who will participate in the requested entrance; and (5) A safety and logistics plan addressing transportation to and from the island, and safety protocols while in the reserve. (6) A signed liability release waiver acknowledging and accepting full risk and responsibility for exposure to all natural and manmade hazards within the reserve including the potential presence of and contact with unexploded ordnance and other hazardous debris. (7) Information pertinent to the basis of the applicant’s claim to exercise traditional and customary rights if such rights are claimed. (b) Entrance into and activities within the reserve requested by applicants seeking to exercise traditional and customary rights and practices compatible with the law, shall be approved or disapproved by the commission after review and consultation with cultural practitioners. (c) Entrance into the reserve for activities that are part of a commission-approved program, may be approved administratively by the executive director after making a determination that the proposed activities conform with the allowable activities described in §13-261-13; (d) Entrance into the reserve for activities that are not part of a commission-approved program, or are proposed by persons other than commission staff, or are determined by the executive director to necessitate commission review, shall be submitted to the commission for authorization and approval; (e) Prior to approving or disapproving any application, the commission shall determine whether the entrance and activities proposed by the 261-9 §13-261-13 application conform to the allowable activities described in §13-261-13. A decision on the application shall be made at a public meeting of the commission within ninety days of receipt of a completed and accepted application. (f) The commission or the executive director may attach conditions to the approval of an application in order to ensure that the entrance and activities associated therewith conform to the permitted activities described in §13-261-13 and chapter 6K, Hawaii Revised Statutes, and are protective or restorative of any natural or cultural resource, and are protective of public health and safety. Violation of any such condition shall be deemed a violation of this chapter, and may also result in a loss of approval for entrance into the reserve and denial of future approval to enter into and conduct activities within the reserve. [Eff: July 6, 2002] (Auth: HRS §§6K-3, 6K-4, 6K-6, 6K-7, 199-1, 199-7) (Imp: §§6K-3, 6K-4, 6K-7, 199-7)