82 



§13-260-3 



emergency or as provided in this chapter. 



(b) No person shall remove or attempt to remove any 

 aquatic life, mineral, or vegetation from the reserve, 

 except as provided in this chapter. 



(c) No person shall engage in any activity which 

 shall include but not be limited to fishing from shore, 

 fishing by trolling or drifting, bottom fishing, 

 spearf ishing, net or trap fishing, diving, surfing, 

 swimming, snorkeling, and walking in shallow waters, 

 within the reserve, except as specifically provided 

 below. 



(d) No commercial activities shall be allowed within 

 the reserve, except for vessels transitting the island 

 reserve that are engaged in intra- state, inter-state or 

 foreign trade. 



(e) None of the above is intended to conflict with 

 international law nor to apply to the State, or the 

 United States, or their contractors in carrying out any 

 of the requirements of Title X of Public Law 103-139,107 

 STAT. 1418, 1479-1484 and the provisions of the Consent 

 Decree as set forth in Aluli vs. Brown (1980) , for the 

 purposes of access only. [Eff amc ? 9 1994 1 (Auth: HRS 

 §§6K-1, 199-1, 199-7) (Imp: HRS TSSK-3, 6K-4, 6K-7, 199- 

 7) 



§13-260-4 Permitted uses , (a) Fishing by trolling, 

 where the vessel remains underway at all times, shall be 

 allowed within Zone B on two weekends per month, as 

 noticed by publication in the Local Notice To Mariners 

 issued by Commander Fourteenth Coast Guard District 

 (OAN) . 



(b) Escorted access to reserve for the purpose of 

 the following uses may be permitted by written 

 authorization of the Kaho'olawe island reserve 

 commission, and as necessary, subject to final approval 

 by the U.S. Navy : 



1) Customary and traditional native hawaiian 

 cultural, spiritual and subsistence use, in areas 

 deemed safe; 



2) Activities for the preservation, protection 

 and restoration of cultural, archaeological and 

 historical sites; 



3) Rehabilitation, revegetation, habitat 

 restoration and preservation; and 



260-4 



