(a) No person shall hold a marine event, including but not limited to a regatta, marine parade, or surfing contest, without written authorization from the department; provided that the department’s written authorization is not required if prior authorization has been secured from the Coast Guard.

Terms Used In Hawaii Revised Statutes 200-40

  • Coast Guard: means the Coast Guard of the United States, or its successor agency. See Hawaii Revised Statutes 200-23
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 200-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, partnership, firm, corporation, association, or other legal entity. See Hawaii Revised Statutes 200-23
  • State: means the State of Hawaii. See Hawaii Revised Statutes 200-23
(b) Authorization shall be in the form of a permit. All permits and permit applications shall be subject to the following:

(1) Permit applications shall be on a form prescribed by the department;
(2) Permit applications may be submitted to the department up to one year in advance of the date of a proposed event;
(3) The applicant shall submit the completed application, proof of valid insurance, and proof of approval from the land owner;
(4) The department shall use its best efforts to grant or deny a permit within thirty days of receiving a permit application;
(5) The department shall charge a fee for issuance of marine use permits under this section and collect an additional $250 nonrefundable deposit, which shall be retained by the department if the permit is canceled within sixty days of the scheduled date of the marine event;
(6) The department may issue an exclusive marine use permit to an applicant to confer upon the applicant the use of state waters and other areas under the jurisdiction of the State that have been specifically designated for use during the marine event, to the exclusion of all others who are not the applicant or event participants; provided that the department shall charge an exclusive marine use permit fee for the permit, which shall be higher than the permit fee charged pursuant to paragraph (5); and
(7) Any applicant who has been granted a permit under this section and wants to cancel the permit shall request a cancellation from the department in writing. If an applicant who has been granted a permit under this section submits a cancellation request to the department less than ninety calendar days before the scheduled date of the marine event, the department may assess a cancellation fee.

The marine use permit fee, exclusive marine use permit fee, and cancellation fee amounts to be charged by the department pursuant to this subsection shall be determined by the department.

(c) The department may adopt rules, pursuant to chapter 91, necessary to effectuate this section.
(d) As used in this section, “marine event” means an organized water event of limited duration that is conducted according to a prearranged schedule, and by its nature, circumstances, or location, will introduce extra or unusual hazards to the safety of persons or property in the waters of the State.

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