HAR §13-261-2. §13-261-2 Definitions

As used in this chapter, unless the context otherwise requires: “Aquatic life” means any species or subspecies of mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof, or freshwater or marine plants, or algae, including seeds, roots, products, and any parts thereof. “Chairperson” means the chairperson of the Kaho‘olawe Island Reserve Commission. “Commercial activity” means any activity carried on for a profit, fee or for the exchange of goods and services including every kind of commercial enterprise, recreational activities offered for a fee, and taking or removing any aquatic life, mineral or vegetation for the purpose of sale or barter. “Commission” means the Kaho‘olawe island reserve commission. “Department” means the department of land and natural resources. “Executive Director” means the executive director of the Kaho‘olawe island reserve commission. “Fishing” or “to fish” means catching, taking, harvesting, or attempting to catch, take, or harvest, or to hold or confine any aquatic life. The gathering by hand or the use of a pole, line, hook, net, trap, spear, or other gear which is designed to catch, take, or harvest aquatic life, by any person who is in the water, or in a vessel on the water, or on or about the shore where aquatic life can be caught, taken, or harvested, shall be considered to be fishing. “Kapu” is a restriction or restrictions applied to activities in the reserve, or to enter into specific areas or zones of the reserve, in keeping with native Hawaiian natural resources management practices. “Mile” means a distance of 6,076 feet equivalent to a nautical mile. 261-4 §13-261-2 “Party” means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party in any agency proceeding. “Person” means, as appropriate, individuals, partnerships, corporations, associations, or public or private organizations of any character. “Petitioner” means the person or agency on whose behalf the petition or application is made. “Pollutant” means any element, substance, compound, or mixture, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause illness, death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. “Public records” have the same meaning as those “government records” as is defined in section 92F, HRS, which are required to be disclosed under said chapter. “Reserve” means the Kaho‘olawe island reserve as described at section