Rules
Hawai`i Administrative Rules 13-209 relate to the management of the Natural Area Reserves System. Please download official copy of Rules:
Below is the list of existing rules:
§ 13-209-1 Purpose and applicability
§ 13-209-2 Definitions
§ 13-209-3 Permitted activities
§ 13-209-4 Prohibited activities
§ 13-209-4.5 Closing of areas
§ 13-209-4.6 Visiting hours
§ 13-209-5 Special-use permits
§ 13-209-5.5 Applications for special-use permits
§ 13-209-6 Penalty
Historical Note: Chapter 209 of Title 13, Administrative Rules, is based substantially upon
Regulation 10 of the Administration of the Department of Land and Natural Resources
entitled "Regulating and Prohibiting Activities within Natural Area Reserves Including
Provisions for Excepted-Use Activities by Permit and Penalties for Violation of the
Regulation." [Eff 5/20/79; R 6/29/81]
§ 13-209-1 Purpose and applicability
(a) The purpose of these rules is to regulate activity
within natural area reserves established pursuant to section 195-4, Hawaii Revised Statutes.
(b) These rules shall apply to all persons entering the boundaries of a natural area reserve.
[Eff 6/29/81] (Auth: HRS § 195-5) (Imp: HRS § 195-5)
As used in these rules, unless context requires otherwise:
"Board" means the board of land and natural resources.
"Commission" means the natural area reserves system commission.
"Department" means the department of land and natural resources.
"Game mammals and birds" means those animals that have been designated as such by
sections 191-8 and 191-19, Hawaii Revised Statutes, and by administrative rules of the
department.
"Natural area reserve" means those State lands that have been designated as part of the
Hawaii natural area reserves system by the department pursuant to section 195-4, Hawaii
Revised Statutes.
"Commercial activity" means the use of or activity on state lands for which compensation is
received and by any person for goods or services or both rendered to consumers or
participants in that use or activity.
Commercial activities include activities whose base of operations are outside the boundaries
of the natural area reserve, or provide transportation to of from the natural area reserve.
"Compensation" includes but is not limited to, monetary fees, barter, or services in-kind.
[Eff 6/29/81; am 12/9/02; am 7/3/03] (Auth: HRS § 195-5) (Imp: HRS § 195-5)
§ 13-209-3 Permitted activities.
Hiking and nature study of group size of ten or less are
permitted except where restricted pursuant to sections 13-209-4.5 and 13-209-4.6. Hunting is
a permitted activity pursuant to hunting rules of the department. [Eff 6/29/81; am 1/26/07]
(Auth: HRS § 195-5) (Imp: HRS § 195-5)
§ 13-209-4 Prohibited activities.
The following activities are prohibited within a natural
area reserve:
(1) To remove, injure, or kill any form of plant or animal life, except game
mammals and birds hunted according to department rules;
(2) To introduce any form of plant or animal life, except dogs when permitted by
hunting rules of the department and service animals accompanying their
handlers;
(3) To remove, damage, or disturb any geological or paleontological features or
substances;
(4) To remove, damage, or disturb any historic or prehistoric remains;
(5) To remove, damage, or disturb any notice, marker, or structure;
(6) To engage in any construction or improvement;
(7) To engage in any camping activity or to establish a temporary or permanent
residence;
(8) To start or maintain a fire;
(9) To litter, or to deposit refuse or any other substance;
(10) To operate any motorized or unmotorized land vehicle or air conveyance of
any shape or form in any area, including roads or trails, not designated for its
use;
(11) To operate any motorized water vehicle of any shape or form in freshwater
environments, including bogs, ponds, and streams, or marine waters, except as
otherwise provided in the boating rules of the department;
(12) To enter into, place any vessel or material in or on, or otherwise disturb a lake
or pond;
(13) To engage in commercial activities of any kind in a natural area reserve
without a written special-use permit from the board or its authorized
representative;
(14) To have or possess the following tools, equipment, or implements: fishing
gear or devices within Ahihi-Kinau natural area reserve, including but not
limited to any hook-and-line, rod, reel, spear, trap, net, crowbar, or other
device that may be used for the taking, injuring, or killing of marine life;
cutting or harvesting tools or gear, including but not limited to chainsaws,
axes, loppers, any mechanized or manual sawtooth tool, seed pickers, or
machete, that may be used for the taking, injuring, or killing of plant life; and
hunting gear or tools that may be used for the taking, injuring, or killing of
wildlife, except as permitted by the hunting rules of the department;
(15) To hike, conduct nature study, or conduct any activity with a group larger than
ten in size;
(16) To be present in an area closed pursuant to section 13-209-4.5 or after visiting
hours established pursuant to section 13-209-4.6;
(17) To anchor any motorized or nonmotorized water vehicle of any shape or form
in the marine waters of Ahihi-Kinau natural area reserve;
(18) To enter into any cave, as defined in section 6D-1, Hawaii Revised Statutes,
or any portion thereof;
(19) To conduct any other activity inconsistent with the purpose and intent of the
natural area reserves system. [Eff 6/29/81; am 12/9/02; am 7/3/03; am
1/26/07](Auth: HRS § 195-5) (Imp: HRS § 195-5)
§ 13-209-4.5 Closing of areas.
The board or its authorized representative, with the approval
of the commission, may close or restrict the public use of all or any portion of a natural area
reserve for up to two years, when deemed necessary by the commission for the protection of
the natural, geological, or cultural resources of the area or the safety and welfare of persons
or property, by the posting of appropriate signs indicating the duration, extent, and scope of
closure. Closures may be renewed with the approval of the board or its authorized
representative and the commission. All persons shall observe and abide by the officially
posted signs designating closed areas. [Eff 1/26/07] (Auth: HRS § 195-5) (Imp: HRS § 195-
5)
§ 13-209-4.6 Visiting hours.
The board or its authorized representative, with the approval of
the commission, may establish a reasonable schedule of visiting hours for all or portions of a
natural area reserve by the posting of appropriate signs indicating the hours during which the
natural area reserve may be accessed. All persons shall observe and abide by the officially
posted signs designating visiting hours. [Eff 1/26/07] (Auth: HRS § 195-5) (Imp: HRS § 195-
5)
§ 13-209-5 Special-use permits.
(a) The board or its authorized representative, with the
approval of the commission or its authorized representative, may issue permits to conduct
activities otherwise prohibited by section 13-209-4 for research, education, management, or
for any other purpose consistent with chapter 195, Hawaii Revised Statutes.
(b) No permit may be valid for more than one year from date of issuance. The board
may waive this restriction for permits issued to other governmental agencies where the board
determines such a waiver to be in the best interest of the State.
(c) All special-use permits shall be subject to standard conditions, as approved by the
board, including but not limited to the following:
(1) The permittee shall adhere to specifications given in the permit application;
(2) Disturbance of vegetation and wildlife shall be avoided as much as possible;
(3) Precautions shall be taken to prevent introductions of plants or animals not
naturally present in the area. The permittee is responsible for making sure that
participants’ clothes, equipment, and vehicles are free of seeds or dirt to lessen
the chance of introducing any non-native plants or soil animals. Should an
infestation develop attributable to permittee, the permittee is responsible for
eradication by methods specified by the department;
(4) This permit is not transferable;
(5) This permit does not exempt the permittee from complying with any other
applicable rule or statute;
(6) The State of Hawaii shall be released and held harmless from any and all
liability for injuries or death, or damage or loss of property however occurring
during any activity related to this permit.
(d) The board or its authorized representative may attach special conditions on the
special-use permit, including but not limited to reporting requirements, limitations on the size
of groups or the length of time for which the permit is valid. Failure to comply with any of
these conditions shall render a permit void.
(e) All permittees shall carry the permit with them at all times while in the reserve
and shall, upon request, show the permit to any law enforcement officer or the board or its
authorized representative.
(f) Permits are not transferable. If the permittee is a partnership, joint venture, or
corporation, the sale or transfer of 25 percent or more of ownership interest or stocks by
dissolution, merger, or any other means, shall be deemed a transfer for purposes of this
subsection and subject to the right of the department to terminate this permit effective the
date of the sale or transfer.
(g) The board or its authorized representative may revoke or cancel a permit without
prior notice when an emergency is declared by the department or other proper authority or
when the special-use poses an immediate threat to the health, safety, and welfare of the
public or natural, geological, or cultural resources of the reserve.
(h) The board or its authorized representative may revoke or cancel any permit with
thirty days written notice:
(1) For any infraction of the terms and conditions of the permit;
(2) Upon a finding that the special-use threatens to damage the integrity or
condition of the natural, geological, or cultural resources in the reserve;
(3) Upon a finding that the special-use poses a threat to the health, safety, or
welfare of the general public or otherwise negatively impacts the general
public’s use and enjoyment of the reserve; or
(4) Upon closure of a reserve pursuant to section 13-209-4.5.
(i) The provisions of this section shall not exempt the applicant from complying with
any other applicable rule or statute. [Eff 6/29/81; am 1/26/07] (Auth: HRS § 195-5)(Imp:
HRS § 195-5)
§ 13-209-5.5 Applications for special-use permits.
(a) All applications for special-use
permits shall be submitted in writing to the board or its authorized representative on the form
prescribed by the department. The application shall contain the following information:
(1) Name of applicant, and if relevant, affiliation and title;
(2) Contact information, including name of primary contact, mailing address,
phone number, and if available, email address;
(3) The period of time for which the permit is requested, not to exceed one year
unless seeking a waiver pursuant to section 13-209-5(b);
(4) The reserve(s) involved;
(5) A map illustrating the reserve and the location within the reserve of the
proposed special-use;
(6) A description of the proposed special-use;
(7) A discussion of how the proposed special-use satisfies subsections (b)(1)
through (b)(6);
(8) An assessment of the potential environmental impact the special-use may have
on the reserve or the surrounding area;
(9) Signature of the applicant;
(10) An application fee of $50, however, the board or its authorized representative
may waive the application fee if, in their opinion, the waiver is in the public
interest or benefits the State; and
(11) Any other information as determined by the department.
(b) In evaluating the merits of an application for a special-use permit, the board or its
authorized representative shall apply the following criteria:
(1) The proposed special-use cannot be conducted elsewhere;
(2) The proposed special-use is consistent with the purpose and objectives of the
natural area reserve system;
(3) The proposed special-use is consistent with the management plan developed
for the reserve;
(4) The proposed special-use provides a benefit (direct or indirect) to the natural
area reserve system or to the individual reserve(s) or both;
(5) The proposed special-use will not damage or threaten to damage the integrity
or condition of the natural, geological, or cultural resources in the natural area
reserve and adjacent area or region;
(6) The proposed special-use complies with provisions and guidelines contained
in Chapter 205A, Hawaii Revised Statutes, entitled "Coastal Zone
Management", where applicable; and
(7) The applicant shall have complied with, or be in compliance with, the
conditions of any previously approved permit.
(c) The applicant shall have the burden of demonstrating that the proposed special-use
is consistent with the criteria in subsection (b).
(d) The board or its authorized representative may hold a public hearing on an
application where determined by the chairperson that the scope of the proposed special-use
or the public interest requires a public hearing on the application. Notice of the hearing shall
be given not less than twenty days prior to the date set for the hearing. Notice of the time
and place of the hearing shall be published at least once in a newspaper in the county where
the natural area reserve is located.
(e) If within two hundred seventy days after the department’s acceptance of a
completed application, the board or its authorized representative shall fail to render a
decision thereon, the application for a special-use permit shall be automatically approved
with the standard conditions outlined in section 13-209-5(c), provided that the board may
revoke this approval pursuant to section 13-209-5(g) and (h). The two-hundred-seventy-day
time period provided shall not commence until a completed application is accepted by the
department. Physical receipt of an application by the department does not constitute
acceptance. The two-hundred-seventy-day time period for decision may be extended for
another one hundred eighty days at the request of the applicant to give the board additional
time to review and make a decision on the application. [Eff 1/26/07] (Auth: HRS §§ 195-5,
91-13.5) (Imp: HRS §§ 195-5, 91-13.5)
§ 13-209-6 Penalty
Any person violating any of the provisions of these rules shall be penalized as provided in section 195-8, Hawaii Revised Statutes. [Eff 6/29/81] (Auth: HRS §195-5) (Imp: HRS § 195-8)