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Home My WebLink AboutRule 15 - Rules Relating To Kohanaiki Beach Park RULES AND REGULATIONSOF THE DEPARTMENT OF PARKS AND RECREATION OF THECOUNTY OF HAWAI‘I RULE 15 RULES RELATING TO KOHANAIKIBEACHPARK EFFECTIVEDATE: February 9, 2014 1 TABLE OF CONTENTS Section 1Applicability and Scope3 Section 2Definitions3 Section 3Park Hours4 Section 4Camping4 Section 5Public Parking5 Section 6Exercise of Traditional and Customary Native Hawaiian Rights5 Section 7Gathering of ‘Opae‘ula6 Section8Gathering of Plants6 Section 9Access to Burial Sites6 Section 10Use of the Halau6 Section 11 Severability Clause6 2 RULES AND REGULATIONS OF THE DEPARTMENT OF PARKS AND RECREATION OF THE COUNTY OF HAWAI‘I RULE 15 –RULES RELATING TO KOHANAIKI BEACH PARK Section 1 Applicability and Scope KohanaikiBeachPark, situated on a 109-acre parcel and designated under Tax Map Keys:was dedicated to the County (3) 7-3-063: 012, 013; (3) 7-3-064: 021, 022, of Hawai‘i in 2013. The park contains six (6) camping zones, one (1) comfort station, one hundred twenty–one(121) parking spaces, a ten (10) foot roadway along the shore with pedestrian access to the beach, and a halau.The park also contains recognized archeological sites, burial sites,and anchialine ponds that are mandated to be managed and preserved in accordance with County, State and Federal Law. Despite dedication to the County of Hawai‘i, theKohanaiki Shores retainsan exclusive rightof entry to construct, use, operate and maintain portions of the golf course and a residents’ beach facility located within the public park areaand exclusive right of entry to fulfill its duties of joint management and maintenance responsibilities of thepublic park. The Department of Parks and Recreation, County of Hawai‘ifinds that unrestrained public use of the park may contribute to the deterioration of the park’sarcheological sites, historic sites, and its finite resources. Therefore, it is incumbent upon the Department of Parks and Recreation to adopt reasonable rules tomanageusage of the park and the level of visitors to ensure preservation of this unique resource. Section 2 Definitions A."Authorized representative" means any person legally or otherwise properly designated to act for the Director. B."Camper" means any person who remains in a park area between the hours of 9:00p.m.and 5:30 a.m. C."Camping" means the act of remaining in the park area between the hours of 9:00p.m.and 5:30a.m. 3 D."Camping permit" means a written authorization issued by the Department which allows the holder to camp in a designated campground. E."County" means the County of Hawai‘i. F."Department" means the Department of Parks and Recreation, County of Hawai‘i. G."Director" means the Director of Parks and Recreation, County of Hawai‘i. H."Permit" means a written warrant granted by the Director or the Director’s duly authorized representative authorizing use of a public park area. I.“Pond Manager” means that person or entity retained by Kohanaiki Shores as being responsible for the overall anchialine pond management/monitoring program. Section 3Park Hours A.Normal park hours will be5:30 a.m.to 9:00p.m. B.The park may also be closed when: 1.the park or its facilities sustain damage; 2.scheduled or unscheduled repair or maintenance is necessary; 3.there is natural orcivil disasters, including but not limited to tsunamis, floods, earthquakes, storms,fires,riots, demonstrations, employee strikes,occuror arethreatened to occur; or 4.determined necessary by the Director for any other reason. Section 4Camping A.Fee Schedule 1.Hawai‘i Residents a.Adults (18 years of age and older) –five dollars ($5)per night b.Juniors (13 years to 17 years) –two dollars ($2)per night. 4 c.Children (12 years and under) –one dollar ($1)per night. 2.Non-Hawai‘i residents (all ages) –twenty dollars($20)per night. 3.If camping permits are obtained online or at a Departmentoffice, a processing fee assessed by the online service provider shall be added to the camping fee schedule. Other regulations regarding camping are addressed in Hawai‘i County Code, Chapter 15, Article 4, Section 15-39 through 15-48. Section 5Public Parking A.The use of the public parking lot shall be limited to non-commercial passenger vehicles. B.Parking shall be limited to the number of parking stalls marked within the paved area of the parking lot, except with authorization of the Director. C.No vehicle shall be driven or parked on the public beacharea. Section 6Exercise of Traditional and Customary Native Hawaiian Rights The exercise of traditional and customary native Hawaiian rights shall be determined by the Kohanaiki Cultural Committee, in consultation with, and subjectto approval by, the Director. TheKohanaiki Cultural Committee (“KCC”) shall be comprised of three members, and shall be persons knowledgeable about the cultural resources and practices in the area. The decisions of the KCC shall be by majority vote if they are unable to achieve consensus. The KCC shall determine the gathering and/or access rights over the following areas within the park, subject to approval by the Director: A.gathering of ‘opae‘ula from the anchialine ponds; B.gathering of native plants (thosefound in Hawai‘i before human arrival, and Polynesian introductions)in the public use area of the park and in the Trail 50-foot preservation buffer; and C.traditional and customary access for cultural purposes, to those historic sites identified on the archeological surveys of the park, except for burials. 5 Section 7Gathering of ‘Opae‘ula There shall be no gathering of ‘opae‘ulaexcept as allowed by the KCC. Any gathering shall be by traditional methods only. In deciding whether to allow gathering of ‘opae‘ula, the KCC shall give first priority to the long-term conservation of the resource, and shall seek the advice of the Pond Manager. At least fifty (50)percent of the pond areas that contain ‘opae‘ula shall be protected from gathering. Section 8Gathering of Plants In allowing the gathering of plants, the KCC shall give first priority to the long- termconservation of the resource. If the KCC decides that certain plants are sufficiently abundant, or can be gathered without harm, it may allow such gathering generally. Section 9Access to Burial Sites Access to burial sites shall be as provided inthe approved Burial Treatment Plan. Section 10Use of the Halau The use of the Halau shall be scheduled by the KCC in consultation with, and subject to the approval of, the Director. Priority shall be given to those groups or entities that provide cultural, historical, and educational classes, workshops, or events. Section 11Severability Clause If any provision of these rules, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the rules which can be given effect without the invalid provision or application, and to this end, the provisions of these rules are declared to be severable. 6 CERTIFICATION I, Clayton S. Honma, Director of the Department of Parks and Recreation of the County of Hawaii, State of Hawaii, do hereby certify: 1. That the foregoing is a full, true and correct copy of the amendments to the Rules and Regulations of the Department of Parks and Recreation on matters relating to Kohanaiki Beach Park which were adopted on December 31, 2013, after public hearings were held in Hilo and Kona on December 13, 2013. 2. That notice of the public hearings on the foregoing rule, which included a statement of the substance of the proposed rule, was published in both the Hawaii Tribune -Herald and the West Hawaii Today on November 10, 2013. Dated this 3rd day of jgngM 2014. CLAYTON 41 HONMA, Director Department f Parks and Recreation County of Hawaii APPROVED: WILLIAM P. KENOI Mayor County of Hawaii APPROVED AS TQ FORM AND LEGALITY: Deputy Corp ration Counsel County of Hawaii I hereby certify that the foregoing rules were received and filed in the Office of the County Clerk this 30th day of January 2014. 2_�" Co Clerk County of Hawaii 7