§200-23  Definitions.  As used in this
part unless the context otherwise requires:



"Boat dealer" means a person engaged
wholly or partly, for gain or compensation, in the business of selling vessels
or offering vessels for sale, buying or taking in vessels for the purpose of
resale, or exchanging vessels.



"Boating accident" means any
occurrence involving a vessel or its equipment that results in:



(1)  The death of a person;



(2)  The loss of consciousness by any person, the
receipt of medical treatment by any person, or the incapacity of any person for
more than twenty-four hours;



(3)  Damage to the vessel and other property totaling
more than $200; or



(4)  The disappearance of a person from the vessel
under circumstances that indicate possible death or injury.



"Boat livery" means the business of
holding out vessels for rent, lease, or charter.



"Boat manufacturer" means a person
engaged in:



(1)  The manufacture, construction, or assembly of
boats or associated equipment;



(2)  The manufacture or construction of components for
boats and associated equipment to be sold for subsequent assembly; or



(3)  The importation into the United States for sale
of boats, associated equipment, or components thereof.



"Certificate" means certificate of
number for an undocumented vessel.



"C.F.R." means the Code of Federal
Regulations.



"Coast Guard" means the Coast Guard
of the United States, or its successor agency.



"Commercial high speed boating" means
the use of an open power boat to provide high speed rides to passengers who pay
compensation for the rides.  "Commercial high speed boating" does not
include:



(1)  The use of an open ocean racing boat during an
official racing competition; or



(2)  The use of an open ocean racing boat while
practicing for racing competition; provided that no passenger pays compensation
for riding the boat during the practice.



"Federal laws and requirements" means
all statutes, rules, and other laws of the United States, which may apply to
any and all subject matter of this part, and of the rules adopted pursuant to
this part.



"Length" means the measurement of a
vessel from end to end over the deck.



"Open ocean racing boat" means a
motorized vessel which:



(1)  Is designed, modified, or restored for the
primary purpose of high speed boat racing; and



(2)  Has the capacity to carry not more than the
operator and five passengers.



"Operate" means to navigate or
otherwise use a vessel on or in the waters of the State.



"Operator" means a person who
operates, or who has charge of the navigation or use of, a vessel.



"Parasailing" means the activity in
which an individual is transported or carried aloft by a parachute, sail, or
other material attached to a towline which is towed by a vessel.



"Person" means an individual,
partnership, firm, corporation, association, or other legal entity.



"Recreational vessel" means any
vessel that is being used for pleasure.



"State" means the State of Hawaii.



"Thrill craft" means any motorized
vessel that falls into the category of personal watercraft, and which:



(1)  Is generally less than thirteen feet in length as
manufactured;



(2)  Is generally capable of exceeding a speed of
twenty miles per hour;



(3)  Can be operated by a single operator, but may
have the capacity to carry passengers while in operation; or



(4)  Is designed to provide similar operating
performance as a personal watercraft through a combination of small size, power
plant, and hull design.



The term includes, but is not limited to, a jet ski,
waverunner, wet bike, surf jet, miniature speed boat, hovercraft, and every
description of vessel which uses an internal combustion engine powering a water
jet pump as its primary source of motive propulsion, and is designed to be
operated by a person or persons sitting, standing, or kneeling on, or being towed
behind the vessel.



"Underway" means that a vessel is not
at anchor, or made fast to the shore, or aground.



"Undocumented vessel" means any
vessel which does not have and is not required to have a valid marine document
as a vessel of the United States.



"Vessel" means all description of
watercraft, used or capable of being used as a means of transportation on or in
the water, except a seaplane.



"Water sledding" means the activity
in which an individual is transported or carried over the surface of the water
on an apparatus that is more than twelve inches wide and is attached to a
towline which is towed by a vessel.  If the apparatus is round with a hollow
center, the width shall be measured as a straight line:



(1)  Starting from a point on the outer edge of the
apparatus;



(2)  Bisecting the hollow center; and



(3)  Ending at the farthest point on the opposite
outer edge.



"Waters of the State" means any
waters within the jurisdiction of the State, the marginal seas adjacent to the
State, and the high seas when navigated as part of a journey or ride to or from
the shores of the State. [L 1991, c 272, pt of §2; am L 1992, c 172, §1; am L
1995, c 140, §1 and c 165, §§2, 3]