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

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

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

(1)  The death of a person;

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

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

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

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

"Boat manufacturer" means a personengaged in:

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

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

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

"Certificate" means certificate ofnumber for an undocumented vessel.

"C.F.R." means the Code of FederalRegulations.

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

"Commercial high speed boating" meansthe use of an open power boat to provide high speed rides to passengers who paycompensation for the rides.  "Commercial high speed boating" does notinclude:

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

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

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

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

"Open ocean racing boat" means amotorized vessel which:

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

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

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

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

"Parasailing" means the activity inwhich an individual is transported or carried aloft by a parachute, sail, orother 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 anyvessel that is being used for pleasure.

"State" means the State of Hawaii.

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

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

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

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

(4)  Is designed to provide similar operatingperformance as a personal watercraft through a combination of small size, powerplant, and hull design.

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

"Underway" means that a vessel is notat anchor, or made fast to the shore, or aground.

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

"Vessel" means all description ofwatercraft, used or capable of being used as a means of transportation on or inthe water, except a seaplane.

"Water sledding" means the activityin which an individual is transported or carried over the surface of the wateron an apparatus that is more than twelve inches wide and is attached to atowline which is towed by a vessel.  If the apparatus is round with a hollowcenter, the width shall be measured as a straight line:

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

(2)  Bisecting the hollow center; and

(3)  Ending at the farthest point on the oppositeouter edge.

"Waters of the State" means anywaters within the jurisdiction of the State, the marginal seas adjacent to theState, and the high seas when navigated as part of a journey or ride to or fromthe shores of the State. [L 1991, c 272, pt of §2; am L 1992, c 172, §1; am L1995, c 140, §1 and c 165, §§2, 3]