200-38  Ocean recreation management areas.  (a)  Notwithstanding any other law to the contrary, no commercial operator shall operate a thrill craft, engage in parasailing, water sledding, or commercial high speed boating, operate a motorized vessel towing a person engaged in parasailing, or operate a motor vessel towing a person engaged in water sledding during all weekends and state and federal holidays on Oahu in Maunalua Bay from Kawaihoa (Portlock) Point to Wailupe Peninsula and commercial zones a, b, and c.

Terms Used In Hawaii Revised Statutes 200-38

  • Commercial high speed boating: means the use of an open power boat to provide high speed rides to passengers who pay compensation for the rides. See Hawaii Revised Statutes 200-23
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 200-1
  • Operate: means to navigate or otherwise use a vessel on or in the waters of the State. See Hawaii Revised Statutes 200-23
  • Operator: means a person who operates, or who has charge of the navigation or use of, a vessel. See Hawaii Revised Statutes 200-23
  • Parasailing: means the activity in which an individual is transported or carried aloft by a parachute, sail, or other material attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23
  • 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
  • Thrill craft: means any motorized vessel that falls into the category of personal watercraft, and which:

         (1)  Is generally less than thirteen feet in length as manufactured;

         (2)  Is generally capable of exceeding a speed of twenty miles per hour;

         (3)  Can be operated by a single operator, but may have the capacity to carry passengers while in operation; or

         (4)  Is designed to provide similar operating performance as a personal watercraft through a combination of small size, power plant, and hull design. See Hawaii Revised Statutes 200-23

  • Vessel: means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane. See Hawaii Revised Statutes 200-23
  • Water sledding: means the activity in which an individual is transported or carried over the surface of the water on an apparatus that is more than twelve inches wide and is attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23

     (b)  Notwithstanding any other law to the contrary, all commercial ocean recreation activities shall be prohibited on all Sundays on Oahu in Maunalua Bay.

     (c)  Notwithstanding any other law to the contrary, no person shall operate a thrill craft, engage in parasailing, operate a motorized vessel towing a person engaged in parasailing, engage in commercial water sledding or commercial high speed boating, or operate a commercial motor vessel towing a person engaged in water sledding between December 15 and May 15 of each year in the waters of west and south Maui from Pu`u Ola`i to Hawea Point.

     (d)  The department may adopt rules pursuant to chapter 91 to further implement this section.