Proposed Rules and Reasoning
[§13-104-2 Definitions.] §13-104-2 Definitions. As used in [these rules,] this chapter, unless the context requires otherwise:
“Abandoned and unattended property” means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels that have been left unattended on land owned or controlled by the State for a continuous period of more than forty-eight hours without the written permission of the board or its authorized representative.
Reasoning for proposed change: Provides a new definition for abandoned property left in the forest reserves and specifically related to HAR §13-104-5.5 (see Abandoned and unattended property).
“Camping” or “to camp” means [being in possession of a backpack, tents, blankets, tarpaulins, or other obvious camping paraphernalia,] a person’s physical presence any time [after] one hour after sundown until sunrise in a forest reserve. Indicia of camping includes the use of a forest reserve one hour after sundown until sunrise for living accommodation purposes, including, but not limited to: sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping); storing personal belongings; making any fire; the presence or use of any tents, temporary shelters, unauthorized structures or vehicles; or digging or breaking ground without proper authorization.
Reasoning for proposed change: Provides a more detailed explanation of camping which specifically relates to HAR §13-104-16 (see Unpermitted camping).
“Commercial activity” means the use of or activity in the forest reserve for which compensation is received by any person for goods or services or both rendered to customers or participants in that use or activity. Soliciting, demanding, or requesting gifts, money, or services shall be considered commercial activity. Commercial activities include activities [whose] with base of operations [are] outside the boundaries of the forest reserve, display of merchandise, or activities which provide transportation to or from the forest reserve.
Reasoning for proposed change: Clarifies the types of activities that are considered commercial activities under the rules. A permit is required for all commercial activities in the forest reserve, which is further described in HAR §13-104-22 (see Commercial permits – use, harvest, salvage).
“Commercial use” is any type of commercial activity which is considered compatible with the functions and purposes of each individual area, facility, or unit within a forest reserve.
“Compensation” includes but is not limited to, monetary fees, donations, barter, or services in-kind.
Reasoning for proposed change: Expands definition of compensation to include donations, specifically related to the above definition of “Commercial use”.
“Forest product” means any natural material from a forest reserve, including but not limited to timber, seedlings, seeds, fruits, greenery, tree fern, cinder, lava rock, ti leaves, and bamboo.
Reasoning for proposed change: Adds a new definition for forest products that better defines the type and range of products that are provided by forest reserves. We issue Collection Permits for a variety of personal, traditional and customary, and commercial uses. Pursuant to HAR §13-104-21 (see Permits – collecting permits).
[“Residing” means being in the same forest reserve for more than seven (7) continuous days.]
Reasoning for proposed change: Due to enforceability issues the definition for residing is proposed to be removed. Clarifications to the definition and regulations on Camping will allow the Division to better address illegal residences in the forest reserve. Related changes are being made to HAR §13-104-16 (see Unpermitted camping).
[“Spark arrester” means a device constructed of nonflammable materials specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine that is operated by hydrocarbon fuels.]
Reasoning for proposed change: Definition is removed because the majority of passenger vehicles being used in forest reserves, do not have spark arresters as part of the original factory equipment. Requiring passenger vehicles to be customized with spark arresters would burden users of the forest reserves with additional costs. Related changes are proposed for HAR §13-104-11 (see Spark arresters and drones).
“Structure” means any object or improvement constructed, installed, or placed on state lands, including but not limited to buildings, sheds, lean-tos, picnic tables, memorials, hunting blinds, tree stands, mobile homes, campers, trailers; provided that tents, campers, vehicles, and other temporary objects related to authorized activities shall not be considered structures for the purposes of this definition; provided further that the objects are in compliance with rules and regulations governing those activities on state lands.
Reasoning for proposed change: New definition provided for structure as it relates to Camping in HAR §13-104-16 (see Unpermitted camping).
“Tree harvesting” means the removal of live trees from a forest reserve.
Reasoning for proposed change: New definition for tree harvesting which provides clarity for Commercial Harvest Permits in HAR §13-104-22(b) (see Commercial permits – harvest permits).
[Strikethrough] – Text proposed for removal. Underline – Text proposed for addition.