(a)
Hanalei Bay ocean waters means all ocean waters and navigable streams confined
by the boundaries shown on Exhibit "C" dated December 1, 2010, located at the
end of this subchapter and incorporated herein, and described as follows:
Beginning at a point on the shoreline at the
northernmost tip of Makahoa Point on the western end of the bay, thence along a
straight line drawn tangent to the shoreline of Puu Poa Point on the eastern
end of the bay, thence clockwise along the shoreline, including the banks of
all navigable streams to the upper limit of tidal influence, to the point of
beginning.
(b) In addition
to all federal, state, and county laws, rules, and ordinances, the following
restrictions shall apply to all activities in Hanalei Bay ocean waters.
(1) No person shall operate a vessel at a
speed in excess of "slow-no-wake" within five hundred feet of the shoreline, an
ingress/egress zone, designated mooring area, or on the Hanalei
River.
(2) No person shall navigate
a motorboat within three hundred feet of a diver' s flag or a designated
swimming area. Vessels thirty feet or less overall engaged in fishing are
exempt from the three-hundred foot shoreline restriction, except that they may
not enter designated swimming areas.
(3) No person shall anchor or moor a vessel,
raft, barge, platform or other contrivance except within the designated mooring
area.
(4) No fishing vessel longer
than thirty feet overall may engage in fishing except by pole and line within
Hanalei Bay ocean waters.
(5) No
commercial vessel shall load or unload passengers in Hanalei Bay ocean waters
or the lands adjacent thereto without a permit issued by the department and
approval by the County of Kauai. All vessels authorized to load and unload
passengers in Hanalei Bay ocean waters or the lands adjacent thereto shall
travel to and from the beach only through a designated ingress/egress
zone.
(6) The department may issue
up to five (5) commercial use permits for the use of self-propelled vessels to
load and unload passengers at Hanalei Bay. Priority for the initial issuance of
permits under this 2011 amendment shall be given to the persons that held a
commercial use permit and operated under said permit in November 2000 for
Hanalei Bay ocean waters. Through attrition of these initial five permittees,
the maximum number of permits issued shall be reduced to three (3) permits.
Permits shall be limited to passenger vessels certified by the Coast Guard to
carry twenty-five or fewer passengers, and each permit shall authorize the
carrying of no more than thirty passengers daily.
(7) The department may issue up to two (2)
commercial use permits for the Hanalei launch ramp for the purpose of
conducting guided kayak tours in Hanalei Bay ocean waters. The maximum number
of passenger kayaks per trip per permit shall not exceed (8), and no more than
thirty passengers shall be allowed per day under each permit. A guide kayak
shall be required for each group of eight passenger kayaks. Priority for the
initial issuance of permits under this 2011 amendment shall be given to the
operators that held a commercial use permit in November 2000 for Hanalei Bay
ocean waters to conduct kayak tours.
(8) No commercial water sports instruction or
tours may be conducted in the Hanalei Bay ocean waters from the adjacent
beaches without a permit from the department and approval by the County of
Kauai. The department may issue a total of up to eight (8) permits for
commercial water sports instruction within the Hanalei Bay ocean waters,
including surfing and stand-up paddle boarding. Each permit shall authorize one
instructor per day to conduct water sports instruction. The instructor shall
have no more than four students at any given time. The instructor shall have a
minimum of three (3) years surfing experience and possess a current Red Cross
advanced life saving certificate. The department may designate the site of
instruction at Hanalei Bay and hours of operation for each permittee, and may
change the site whenever such changes is found by the department to be
necessary. For the purpose of this section, commercial water sports instruction
or tours include, but are not limited to, commercial kayak tours, canoe rides,
diving, snorkeling, parasailing, surfing, sailboarding and other water-related
recreational activities.
(c) Swimming Zones B-1 and B-2, Hanalei Bay
ocean waters.
(1) Zones B-1 and B-2 mean the
areas confined by the boundaries shown and described in Exhibit "C" dated
December 1, 2010, located at the end of this subchapter and incorporated
herein, as follows:
Zone B-1 swimming area extends three hundred feet
seaward of the low water mark for a distance of three hundred feet on each side
of Hanalei Pier.
Zone B-2 swimming area extends three hundred feet
seaward of the low water mark between the extended boundary lines of the county
park containing the beach pavilion.
(2) Restriction. Zones B-1 and B-2 are
designated for bathing and swimming. No person shall operate or moor a vessel,
sailboard, or any other recreation device within Zones B-1 and B-2, provided
that this restriction shall not apply to:
(A)
Vessels engaged in small-scale surround net fishing without the use of motors
or fishing and crabbing from shore;
(B) Hawaiian design outrigger
canoes.
(d)
The designated mooring area for the mooring or anchoring of vessels, rafts,
barges, platforms and other watercraft, is the area encompassed by the
boundaries shown on Exhibit "C" dated December 1, 2010, located at the end of
this subchapter and incorporated herein, and which are described as follows:
Beginning at a point on the northwest corner of Hanalei
Pier by azimuths clockwise from True South, 123 degrees for a distance of six
hundred seventy-five feet; 346 degrees for a distance of one thousand two
hundred seventy-seven feet; 022 degrees for a distance of seven hundred
fifty-six feet; 127 degrees for a distance of three thousand two hundred
twenty-five feet; then on a straight line to the point of beginning.
(1) All vessels, rafts, barges, platforms,
and other watercraft within Hanalei Bay ocean waters shall be moored or
anchored solely within the designated mooring area.
(2) No person shall anchor, moor or stay
aboard a vessel except those equipped with an approved marine sanitation device
(MSD)in good working condition, or those vessels exempt from MSD requirement in
accordance with U.S. Coast Guard regulations.
(3) No permanent mooring shall be installed
within the designated mooring area except by permit issued by the
department.
(e)
Ingress/Egress zones.
(1) Vessels shall
access the beach and shall be accessed from the beach solely through the
following Ingress/Egress zones. Zone number one begins at the southern boundary
of the County Park pavilion parcel and extends southwest along the shoreline a
distance of three hundred feet, then seaward to the designated mooring area.
Zone number two begins at the north bank of Hanalei
River and extends southward across the Hanalei River mouth to the northern
boundary of Black Pot Park, and then extends seaward to the designated mooring
area.
(2) Zone number one
and Zone number two are designated for use by both commercial and recreational
vessels.
