Section 13-244-36 - Kaanapali ocean waters, general restrictions(a) The Kaanapali ocean waters are subject to the following restrictions: (1) No person shall navigate any vessel at a speed in excess of five miles per hour within five hundred feet of the shoreline;(2) No person shall navigate a motorboat in or on Kaanapali ocean waters within two hundred feet of the shoreline, or designated swimming area, or within one hundred feet of a diver's flag, nor shall any person navigate a commercial motorized vessel within five hundred feet of the shoreline except within a designated ingress/egress corridor. Notwithstanding this paragraph, vessels engaged in fishing outside the designated ingress/egress corridors are exempt from the two hundred foot shoreline restriction, provided that designated swimming areas are approached with caution and due care;(3) No person shall navigate a motorized vessel within three hundred feet of a vessel engaged in fishing;(4) A vessel engaged in fishing shall not impede the passage of any vessel passing through a designated ingress/egress corridor;(5) No person shall embark or disembark passengers on the beach to or from a catamaran registered to carry passengers for hire when the vessel exceeds sixty-five feet in length or a passenger carrying capacity of forty-nine persons unless prior permission to navigate the Kaanapali ocean waters is obtained from the department for each trip through these waters. Notwithstanding this paragraph, any company currently operating a catamaran which exceeds sixty-five feet in length or a passenger carrying capacity of forty-nine persons, which is in business and properly registered with the department of commerce and consumer affairs as of the effective date of these rules may apply for and renew its permit as long as the company remains in business, remains properly registered with the department of commerce and consumer affairs, and complies with the rules of the that department;(6) No person shall anchor or moor a vessel, barge, platform, or raft within two hundred feet of the shoreline or a designated ingress/egress corridor; and(7) No person shall [navigate or] moor a vessel engaged in commercial use in or on Kaanapali ocean waters unless the vessel has been registered and the owner has a valid permit issued by the department in accordance with this chapter; however, commercial vessels solely transiting through the Kaanapali ocean waters shall not be required to be registered or have a commercial permit. This subsection shall not apply to Hawaiian design canoes engaged in crew training.(8) No person shall navigate or moor a vessel engaged in commercial use in or on Kaanapali ocean waters unless the vessel has been registered and the owner has a valid permit issued by the department in accordance with this chapter. This subsection shall not apply to Hawaiian design canoes engaged in crew training.
(b) This section shall not apply in the event of an emergency, to law enforcement or rescue craft, or to vessels participating under a valid ocean waters permit issued by the department.[Eff 2/24/94; am JUN 16 2003; comp] (Auth: HRS §§ 200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§ 200-2, 200-3, 200-4, 200-22, 200-24)