Hanelei Bay, Kauai (photo by Malia Zimmerman)
Hanelei Bay, Kauai (photo by Malia Zimmerman)

REPORT FROM KAUAI COUNTY – The County’s director of Parks and Recreation made a recommendation today for rules that would regulate commercial boating and commercial surf activities at Hanalei Black Pot Beach Park.  This marks the first set of such rules to be recommended pursuant to a rulemaking process adopted by the county in November of last year.

“After numerous community meetings and public hearings involving the stakeholders and commercial users, I am comfortable in these recommendations to be sent to the mayor,” stated Lenny Rapozo, Director of the Department of Parks and Recreation.

The recommended rules, which were presented to interested stakeholders in draft form on September 5, include a prohibition of commercial boating and surfing activities on Sundays, and limits the hours of operation on other days to between 7:00 a.m. and 7:00 p.m.

The rules as recommended by Rapozo require the commercial entity to have a valid Ocean Recreational Management Area Commercial Permit issued by the State of Hawai‘i, Department of Land and Natural Resources (DLNR), Division of Boating and Ocean Recreation (DOBOR).  They also limit the number of passengers or students to the amount allowed in the aforementioned State DLNR permit.  A full copy of the recommended rules is attached.

The rules for Hanalei Black Pot as recommended must now be approved by Mayor Bernard Carvalho, Jr., and will become effective ten days after signature and proper filing with the County Clerk.

The establishment of rules and regulations by the director of Parks and Recreation was mandated by Ordinance No. 848, which was passed by the Kaua’i County Council as a result of complaints received regarding how the increase in unregulated peddling had become an intrusion upon island residents’ enjoyment of county parks and park facilities.

The primary purpose of the rules is to regulate peddlers at county parks, playgrounds and other facilities and prohibit peddling on the beaches of Kaua’i.

Any person found in violation of the established rules and regulations may be subject to a fine not less than $200 and not more than $2,000 for each offense.

To access the complete list of rules and regulations relating to the commercial use of county parks and park facilities, please go to http://www.kauai.gov/parks/rules.

For more information, please call (808) 241-4460.

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