Section 15-150-23 - Prohibited removalThe mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area is prohibited with the following exceptions:
(1) The inadvertent taking from the shoreline area of the materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;(2) Where the mining or taking is authorized by a variance pursuant to section 15-150-26;(3) The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5, HRS, provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;(4) The cleaning of the shoreline area for state or county maintenance purposes, including the clearing for purposes under section 4612, HRS; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;(5) The taking of driftwood, shells, beach glass, glass floats, or seaweed;(6) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or(7) For the response to a public emergency or a state or local disaster.[Eff 2/25/2000; comp 4/17/2009; comp ] (Auth: HRS §§ 205A-44, 206E-8.5) (Imp: HRS §§ 91-2, 206E-8.5)