Haw. Code R. § 13-235-35

Current through September, 2024
Section 13-235-35 - Kaneohe Bay designated mooring areas "A", "B", "C" and "D"
(a) The Kaneohe Bay designated mooring areas "A", "B", "C" and "D" means the areas confined by the boundaries shown for said mooring areas on Exhibits "G" and "H", dated, October 28, 1991, located at the end of this subchapter. The boundaries are as follows:
(1) Kaneohe Bay designated mooring area "A".

Beginning at a point on the water measured by azimuth clockwise from True South, 206 degrees for a distance of one thousand seven hundred fifty-five feet from the northern tip of the Heeia Kea Small Boat Harbor Pier; then 180 degrees for a distance of eight hundred twenty-five feet; 090 degrees to the coral head, then along the thirty-foot depth line in a south westerly direction around the coral head; then a direct line to the reef following along the thirty-foot depth line along the reef to a point on the reef 150 degrees for a distance of two hundred ten feet from daybeacon R"2" of the Heeia Kea Small Boat Harbor channel; then on a straight line to the point of beginning.

(2) Kaneohe Bay designated mooring area "B".

Beginning at a point on the water measured by azimuth clockwise from True South, 267 degrees for a distance of one thousand five hundred feet from the northern tip of the Heeia Kea Small Boat Harbor Pier; then 270 degrees for a distance of nine hundred feet; 360 degrees for a distance of one thousand five hundred seventy-five feet; 090 degrees for a distance of nine hundred feet; then on a straight line to the point of beginning.

(3) Kaneohe Bay designated mooring area "C"

Beginning at a point at the "marker" measured by azimuth clockwise from True South, 078 degrees for a distance of one thousand four hundred seventy feet from the northwestern end of the Kaneohe Yacht Club Pier; then 040 degrees to a "marker" at the five-foot depth line on the reef; then following the five-foot depth line in a southeasterly direction around to the point of beginning.

(4) Kaneohe Bay designated mooring area "D"

Beginning at a point on the water measured by azimuth clockwise from True South, 145 degrees for a distance of three hundred seventy feet from the northwestern end of the Kaneohe Yacht Club Pier; then 174 degrees to a "marker" at the five-foot depth line on the reef; then following the five-foot depth line in a southwesterly direction around to the point of beginning.

(b) All vessels within Kaneohe Bay ocean waters shall be moored or anchored within a designated mooring area, except:
(1) Vessels moored in accordance with a permit approved by the board of land and natural resources and a U. S. Army Corps of Engineers permit as provided in section 13-235-9;
(2) Vessels moored in privately-dredged channels fronting private residences on February 3, 1992;
(3) Skiff and other small craft moored on fringing reefs or mud flats; and
(4) Vessels temporarily anchored for less than seventy-two hours in the immediate vicinity of Ahu o Laka Island (the "sand bar").
(c) Compliance is required within sixty days of receipt of written notice to the owner of a vessel to relocate to a designated mooring area.
(d) No person shall navigate, moor or anchor a commercial vessel providing service on a fee basis in a designated mooring area unless the vessel has been registered and the owner has a valid commercial use permit issued by the department to operate from Heeia Kea Small Boat Harbor, or is operating from a private boating facility or location for which an ingress or egress corridor has been established by the department.
(e) No permanent mooring shall be installed within the designated mooring area except by permit issued by the department.
(f) No application for mooring for areas "C" and "D" shall be accepted unless the applicant can demonstrate acceptable public or private access to the shoreline, including adequate parking provisions.

Haw. Code R. § 13-235-35

[Eff 2/24/94] (Auth: HRS §§ 200-1, 200-2, 200-3, 200-6) (Imp: HRS §§ 200-1, 200-2, 200-3, 200-6)