Superintendent's Compendium

Superintendent's Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

Approved by: John Broward, Superintendent
Date: January 31st, 2023

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 United States Code, Section 100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Kaloko-Honokōhau National Historical Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Where required by Section 1.5(c), written determinations that explain the reasoning behind the Superintendent’s use of discretionary authority appear in this document identified by italicized print.

 

 

I. 36 CFR §1.5 – Visiting Hours, Public Use Limits, Closures, and Area Designations for Specific Use or Activities

(a)(1) The following visiting hours, public use limits, and closures are established:

Visiting Hours

• Vehicle access to Kaloko Fishpond area via Kaloko Fishpond Road (Ala Nui Kaloko): The Kaloko Fishpond Road and the Kaloko Fishpond area are closed to vehicles between 1700 – 0800 (5:00 pm to 8:00 am) daily. Hikers and cyclists are not restricted to these hours.

• Vehicle access to Hale Ho`okipa Visitor Center parking area: The Visitor Center parking area is closed to vehicles between 1600 – 0830 (4:00 pm to 8:30 am) daily. Hikers and cyclists are not restricted to these hours.

Determination: Overnight camping is prohibited in the park and both areas are closed by gates; there is no reason for a vehicle to remain in the park overnight.

• Pedestrian access at Hale Ho’okipa, the park’s visitor center: The Visitor Center and surrounding lanai, facilities, walkways and stone structures are closed to the public between 1900 -0700 (7 pm – 7 am).

Determination: These operating hours are necessary to protect the facilities from inappropriate uses such as overnight camping, bathing, improper sanitation, vandalism and improper disposal of human waste. The water fountain and information areas are open to the public during daylight hours both before and after the operating hours of the Visitor Center.

Public Use Limits

1.5(a)(2) The following conditions or restrictions on a use or activity apply:

Mask Requirement

When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.

When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.

When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.

Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face.

Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.

Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.

1.5(d) to implement a public use limit, the Superintendent may establish a permit, registration, or reservations system:

• Gatherings or picnics: Visitor groups of more than 35 people who wish to gather or picnic in the park must obtain a permit. Groups with more than 25 people are restricted to the Kaloko Fishpond picnic area and Ai’opio beach between the canoe halau and the Maliu Point Resource Area. See attached Map 1.

There are limited park areas that can accommodate a group of this size while protecting resources and minimizing the impact of a large group on other visitors; a permit is necessary to manage the activity. The designated areas are suitable for large groups because there are large areas for groups to gather so that impacts to natural and cultural resources are minimized in these areas.
• All weddings must obtain a permit. Weddings are limited to a maximum group size of 50 people. Wedding parties of more than 50 people detract from the cultural values of the park and interfere with other visitors’ ability to view and access the shoreline, and natural and cultural features.
• All sporting events or competitions must obtain a permit.
Sporting events or competitions may concentrate activity within a certain area and may impact park resources or the public’s enjoyment of the natural and cultural landscape.

Visitor groups of more than 35 people who wish to gather or picnic in the park must obtain a permit. Groups with more than 25 people are restricted to the Kaloko Fishpond picnic area and Ai’opio beach between the canoe halau and the Maliu Point Resource Area. See Area Maps.

Gatherings or picnics:

Determination: There are limited park areas that can accommodate a group of this size while protecting resources and minimizing the impact of a large group on other visitors; a permit is necessary to manage the activity. The designated areas are suitable for large groups because there are large areas for groups to gather so that impacts to natural and cultural resources are minimized in these areas.

Weddings:
All weddings must obtain a permit. Weddings are limited to a maximum group size of 50 people.

Determination: Wedding parties of more than 50 people detract from the cultural values of the park and interfere with other visitors’ ability to view and access the shoreline, and natural and cultural features.

Sporting Events:

All sporting events or competitions must obtain a permit.

Determination: Sporting events or competitions may concentrate activity within a certain area and may impact park resources or the public’s enjoyment of the natural and cultural landscape.

Closures

Unmanned Aircraft
Launching, landing or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Kaloko-Honokōhau National Historical Park is prohibited except as approved in writing by the Superintendent.

Definition: The term "unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quad-copters, drones) that are used for any purpose, including for recreation or commerce.

Determination: The use of unmanned aircraft within 5 miles of any airport boundary is prohibited per FAA regulation. The entire park is located within 5 miles of Keahole Airport. Unmanned aircraft may cause disturbance of endangered species including the Hawaiian stilt and Hawaiian coot and also disturb migratory waterfowl. The use of unmanned aircraft may adversely impact visitor experiences by disturbing the enjoyment of the natural and cultural landscape and soundscape. The use of unmanned aircraft presents unacceptable risks to visitors (collisions between unmanned aircraft and visitors, the uncontrolled fall of unmanned aircraft, contact with spinning propellers or rotors of unmanned aircraft).

Hawaiian Stilt Foraging Area
A portion of the shoreline of Kaloko Fishpond and adjacent uplands between the Kaloko Fishpond wall and the Cultural Resource management storage area is closed to public entry in order to protect the foraging habitat of endangered Hawaiian stilts. This area is delineated by signs. See Area Maps.

Determination: This closure is necessary to protect the birds from human disturbance while they are foraging and loafing (resting). The Hawaiian stilt is listed as an endangered species under the Federal Endangered Species Act. Human activity such as fishing, walking and picnicking in this area disturbs the birds, resulting in disruption to necessary foraging and loafing behaviors.

Hiking 2.1 (b)
Hiking or other pedestrian use is restricted to the designated and maintained trails listed below. Off-trail pedestrian use is prohibited except that walking along the park’s ocean shorelines is permitted and a section of the Kaloko shoreline between the Stilt Foraging Area and the Cultural Resource management area is open for hiking and shoreline fishing. See Area Maps for the Stilt Foraging Area and open section of Kaloko Fishpond shoreline. Designated trails are identified in the official park brochure.

Designated trails:

• Ala Kahakai National Historic Trail

• Ala Mauka Makai

• Mamalahoa

• Ala Hu’ehu’e

Determination: Archeological sites and features in the park are comprised of dry-stack (no mortar) stone work, loose stone work, pits, soft-lava trails, or loose midden material that may be difficult for the untrained eye to see and which are easily disturbed or damaged by off-trail pedestrian use. Due to the arid environment many native plants within the park are small and have thin, shallow root material that is easily damaged and/or dislodged when tread upon.

Fishing 2.3 (c)

• Aimakapa Fishpond is closed to all fishing.
• Fishing is prohibited in all anchialine pools.
• Kaloko Fishpond is closed to fishing by any means except by use of fishing pole.

Determination: Fishing is prohibited in Aimakapa Fishpond to prevent interference with breeding and foraging activities of the endangered Hawaiian coot, and to prevent disturbance of endangered Hawaiian stilts.

Fishing is prohibited in anchialine pools to prevent disturbance and contamination of these fragile ecosystems and to protect populations of endemic shrimp.

Use of throw net, lay net, fish trap or scoop net fishing, spear and other collecting are not allowed in Kaloko Fishpond because these methods require entry into the water which is prohibited by 36 CFR 3.16 to protect the resources and cultural values of the pond.

Camping 2.10 (a)
Camping is not permitted within the Park.

Determination: Due to the park’s relatively small size, fragile resources, widespread distribution of cultural resources, and lack of overnight staff, overnight use is not authorized. There are many other public lands nearby that offer camping opportunities.

Picnicking 2.11
Picnicking is not allowed in the Maliu Point Resource Area. See Area Maps.

Determination: This is a traditionally sacred area with many cultural features. Picnicking detracts from the cultural Hawaiian values of this area.

Smoking 2.21
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking:

The smoking of cigarettes, cigars, pipes and the use of E-cigarettes or Vapor Cigarettes or similar devices is prohibited in all government buildings, structures or facilities and within the following outdoor areas of the park:

• All park buildings and other facilities, to include the halau wa’a (thatched canoe hut) at Ai’opio Fishtrap, the visitor contact station at Ai’opio and all comfort stations in the park.

• All parts of the Kaloko kuapa (seawall) and the Kaloko Fishpond picnic area.

• Smoking is prohibited within 25 feet of entrances, exits, windows that open, and ventilation intakes that serve enclosed areas where smoking is prohibited.

Determination: The above locations are small areas where visitors congregate to enjoy park facilities, attractions and beaches. To prevent visitor conflicts and exposure to second-hand smoke, these areas are closed to smoking. Both the State and County of Hawaii have banned smoking and the use of e-cigarettes on State and County beaches.

Boating (Motorized)
Kaloko Fishpond and Aimakapa Fishpond are closed to the operation of all motorized vessels (combustion or electric).

Determination: Aimakapa fishpond is an important wetland habitat for two federally protected endangered birds, the Hawaiian stilt and the Hawaiian coot, and for migratory waterfowl. Motorized vessels are prohibited to prevent disturbance to endangered birds per the Endangered Species Act.

Kaloko Fishpond is an important wetland habitat for the federally listed endangered Hawaiian stilt. Motorized vessels are prohibited to minimize disturbance to foraging birds. Kaloko is a unique example of a traditional Hawaiian fishpond and is an archeological and cultural resource. Recreational motorized boating will interfere with the interpretation and appreciation of the cultural values of the fishpond.

Boating (Non-Motorized)
Kaloko Fishpond and Aimakapa Fishpond are closed to the operation of all non-motorized vessels.

Determination: Aimakapa fishpond is an important wetland habitat for two federally protected endangered birds, the Hawaiian stilt and the Hawaiian coot, and for migratory waterfowl. Non-motorized vessels are prohibited to prevent disturbance to endangered birds per the Endangered Species Act.

Kaloko Fishpond is important habitat for the endangered Hawaiian stilt. Recreational use in either pond would interfere with the birds’ natural behaviors, including breeding, foraging, and loafing. Both ponds are important archeological and cultural sites’ and vessels interfere with the interpretation and appreciation of traditional Hawaiian use of the fishponds.

Stand Up Paddleboards
Kaloko Fishpond and Aimakapa Fishpond are closed to the use of standup paddleboards.

Determination: Kaloko Fishpond is important habitat for the endangered Hawaiian stilt. Aimakapa Fishpond is an important wetland habitat for two federally protected endangered birds, the Hawaiian stilt and the Hawaiian coot and for migratory waterfowl.

Stand up paddleboards are prohibited to prevent disturbance to endangered birds per the Endangered Species Act. Recreational use in either pond interferes with the birds’ natural behaviors, including breeding, foraging, and loafing. Both ponds are important archeological and cultural sites and stand up paddleboards interfere with the interpretation and appreciation of the cultural history of the fishponds.

Swimming 3.16

• Swimming is not allowed in any anchialine pool.

• Swimming is not allowed in Kaloko or Aimakapa Fishponds.

Determination: Anchialine pools are fragile ecosystems that support endemic species. Swimming is prohibited to prevent contamination from sunscreen, body oils or other materials and to prevent disturbance to animals. Anchialine pools are cultural and archeological sites and entering them for swimming may damage historically significant features.

Aimakapa Fishpond is an important wetland habitat for two federally protected endangered birds, the Hawaiian stilt and the Hawaiian coot, and for migratory waterfowl. Swimming is prohibited to minimize disturbance to endangered birds per the Endangered Species Act. Swimming is prohibited to prevent contamination of the water from sunscreen and body oils.

Scuba Diving 3.18 (a)
Scuba diving with the use of surface supplied air (SNUBA) is not allowed within the Ai’opio Fishtrap. Snorkeling and underwater diving with self-contained (SCUBA) apparatus is allowed.

Determination: Ai’opio Fish trap is a cultural site. The noise and visual impact of surface supplied air equipment interferes with the interpretation and appreciation of traditional Hawaiian use of the area.

Filming 5.5(a)
The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:

• Outdoor filming activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.

The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:

• maintain public health and safety;

• protect environmental or scenic values;

• protect natural or cultural resources;

• allow for equitable allocation and use of facilities; or

• avoid conflict among visitor use activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10 day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.The following are prohibited:

1. Engaging in a filming activity without providing advance notice to the Superintendent when required or if the Superintendent has notified the organizer in writing that a permit is required.

2. Violating a term and condition of a permit issued under this action. Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

 

(a)(2) The following areas are designated for a specific use or activity and/or the following conditions or restrictions are imposed on a specific use or activity:

Areas Designated for a Specific Use or Activity:

Weddings
Wedding ceremonies are allowed only in the Ai’opio area, excluding the Maliu Point Resource Area, and at the Kaloko Fishpond Picnic Area. See Area Maps.

Conditions and Restrictions on Specific Uses or Activities:

Passenger Carrying Busses:
Engines must be shut down when not underway.

Determination: The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park.

Digging / Ground Disturbance
Digging and/or disturbance of sand and soil is not allowed in the park, including anywhere along the park’s shoreline and beaches.

Determination: Kaloko-Honokōhau National Historical Park shares its boundaries with the Honokohau Settlement National Historic Landmark (State Historic Preservation Number 50-10-27-4138). Cultural deposits are known to exist throughout the park and digging or ground disturbance is prohibited to protect cultural and archeological features. Archeological sites and features in the park are comprised of dry-stack (no mortar) stone work, loose stone work, pits, soft-lava trails, or loose midden material that may be difficult for the untrained eye to see; therefore, these features may be inadvertently damaged by digging or ground disturbance.

Hammocks & Slack-lines
Hammocks and slack-lines are not allowed in the park.

Determination: Because shade trees are a limited resource, are an attractive place to gather, and hammocks/slack-lines take up a large space among two or more shade trees, to minimize visitor conflicts and afford adequate shade access for all park visitors, hammocks may not be attached to trees. Cords, cables and straps used to suspend hammocks/slack-lines can also cause damage to trees.

Kites
Kites are not allowed to be flown anywhere in the park, including the entire shoreline.

Determination: FAA regulations prohibit the use of kites within five miles of the boundary of any airport. (14 CFR 101.3) The entire park is located within 5 miles of the Keahole Airport. Kites may cause disturbance of endangered species including the Hawaiian stilt and Hawaiian coot.

Balloons
Balloons are prohibited in the park.

Determination: Balloons may disturb endangered species including the Hawaiian stilt and Hawaiian coot. Broken balloons disperse into the ocean and land environments and are inhalation and ingestion hazards to birds, sea turtles and marine mammals.

Tiki Torches, Candles, & Lanterns
Tiki torches, candles and lanterns are prohibited in the park.

Determination: To protect park resources (trees, grasses, thatched structures) from fire, use of tiki torches or other types of ignited candles or lanterns is prohibited.

Glass Containers
Glass food and beverage containers are prohibited.

Determination: To protect visitors and wildlife from injury by sharp glass shards, glass containers of any kind and other glass items that can be readily broken are not permitted within the park.

Beach Umbrellas, Shade Tents, Canopies, & Free-Standing Tents
Beach umbrellas, shade tents, canopies, and free-standing tents are prohibited, except in the designated First Amendment area, where one free-standing tent may be used to provide for public safety.

Determination: The use of these items detracts from the cultural landscape of the area and detracts from the traditional Native Hawaiian cultural values for which the park was established. Digging or disturbing soil to secure structures is not allowed due to the presence of cultural resources in the substrate. Moving rocks to support freestanding tents and umbrellas often disturbs cultural resources; use of rocks from cultural sites is prohibited by 36 CFR 2.1. There are numerous trees along the beach which provide shade and visitors are allowed to sit under the shaded canoe halau.

Recreational Games
Recreational game playing that involves throwing, kicking or tossing balls, discs or other items is not permitted in the Ai’opio Area, including the Maliu Point Resource Area. Traditional Hawaiian games provided by the NPS are permitted at Ai’opio. See Area Maps.

Determination: Recreational games that involve throwing, kicking or tossing balls or other items may cause disturbance to threatened green sea turtles, endangered waterbirds and migratory waterfowl. The Ai’opio beach has limited space for visitors to sit and throwing/tossing/kicking games may disturb park visitors. Recreational game playing with balls or other items detracts from the traditional Hawaiian scene and interferes with the appreciation of the sacred sites at Ai’opio.

Personal Items
Personal items such as towels, clothing or surf boards shall not be leaned against or draped over any archeological or cultural structure.

Determination: Kaloko-Honokōhau National Historical Park shares its boundaries with the Honokōhau Settlement National Historic Landmark (State Historic Preservation Number 50-10-27-4138). Personal items placed on archeological or cultural sites detract from visitors’ enjoyment and understanding of the park and National Historic Landmark.

 

36 CFR §1.6 – Activities That Require A Permit

Activities requiring a permit are listed above under Public Use Limits and throughout this document under the specific 36 CFR Section that authorizes or requires the issuance of a permit.

Permits and permit information may be obtained at the Park Headquarters, located at 73-4786 Kanalani Street, Suite 14, Kailua-Kona, HI 96740 or by email.
More information on permits.

§1.5(d) The following activities related to Public Use Limits:

• Weddings (all weddings require a permit, regardless of size)

• Picnics or gatherings - Groups of more than 35 people shall obtain a permit and are only allowed at Ai’opio Beach and Kaloko Fishpond picnic area.

• Sporting events or any organized event for which registration, membership or qualification are required.

§2.5(a) Scientific Research, Research Specimens (Taking of plant, fish, wildlife, rocks or minerals):

• Scientific research and scientific collection are permitted through the Research Permitting and Reporting System (RPRS) or by email.

§2.12 Audio Disturbances:

• (a)(2) Operating a chain saw in developed areas

• (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas

• (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51 or non-permitted 1^st Amendment activity (less than 25 persons)

§2.17 Aircraft & Air Delivery:

• (a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means

• (c)(1) Removal of a downed aircraft

§2.37 Soliciting or demanding gifts, money goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)

§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views:

• Public assemblies with 25 or fewer people are not required to obtain a permit.

• Public assemblies with more than 25 people must obtain a permit.

• Groups may assemble in the designated First Amendment area.

• Groups may not impede or interfere with visitors walking on the road or sidewalks.

• See attached maps for designated area.

• Use of amplification equipment requires a permit.

• Groups with up to 25 people may assemble in the designated First Amendment area, located adjacent to the Hale Ho`okipa Visitor Center parking lot. One shade tent may be used at this location.

§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising

§2.62 Memorialization:

(a) Erection of monuments (Requires approval from Regional Director)
(b) Scattering ashes from human cremation

§5.1 Advertisements - (Display, posting or distribution.)

§5.3 Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.

§5.4(a) Commercial transportation of passengers by motor vehicles

§5.5 (b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.

§5.6 (c) Use of commercial vehicles on park area roads.

 

36 CFR §2.1 – Preservation of Natural, Cultural and Archeological Resources

(a)(4) Using or possessing wood gathered from within the park area is prohibited, except that dead wood on the ground may be collected for use as fuel for campfires within the park in the following areas:

• Dead wood may not be collected or burned anywhere in the park.

(a)(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statute is prohibited, except in the following areas and/or under the following conditions:

Kaloko Fishpond

• The Kaloko Fishpond wall is open to the public for walking or fishing only between the south end of the wall and south safety fence, and the north end of the wall and north safety fence.
• Climbing from the wall into or out of the ocean or Kaloko Fishpond is prohibited.
• Picnicking and the use of beach chairs, coolers, beach towels, mats or umbrellas are prohibited on the Kaloko Fishpond Wall.
• Fishing poles shall not be affixed into the wall and must be attended while in use.
• Fishing is allowed along the shoreline of the Kaloko Fishpond in a designated area which is delineated in the Closure Area map (see Area Maps) and is marked by signs.

Maliu Point Resource Area

• Picnicking and the use of beach chairs, coolers, beach towels or beach mats are not allowed within the Maliu Point Resource Area. The cultural resource zone includes the heiau, offering platform, rock walls and platforms. This zone is delineated in the Maliu Point Resource Area Map (see Area Maps) and is be marked with signs.

(b) Hiking or pedestrian traffic is restricted to the trail(s) or walkway(s) listed in 36 CFR §1.5 of this document.

Under, §2.1(a) collecting natural materials from the park is generally prohibited. However, pursuant to §2.1(c), the following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or possession and consumption restrictions:

• Noni Fruit (Morinda citrifolia): 15 noni fruit per person per day. Noni fruit may only be gathered from trees along designated roads and trails.

Determination: Collection of small amounts of noni fruit in the park has been determined to not interfere with park wildlife or the health of plant populations. If a harmful effect on wildlife or vegetation is noted, the collection of noni fruit will be further limited or prohibited. Hiking off road or trail is prohibited; therefore, collecting noni fruit from trees off trail is prohibited.

 

36 CFR §2.2 - Wildlife Protection

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

• All park areas are closed to the viewing of wildlife with the use of artificial light.

36 CFR §2.3 – Fishing

(a) Fishing shall be in accordance with the laws and regulations of the State within whose exterior boundaries the park area or portion thereof is located, except in the following designated areas:

• (e) Fishing in saltwater with net, spear or weapon, are only authorized in the following areas and in the following manner:

  • Fishing with a spear is allowed along the coast of the park except within the Ai’opio Fish trap. Fishing with other weapons is not permitted

  • Aimakapa Fishpond is closed to all fishing.

  • Fishing is prohibited in all anchialine pools.

Determination: Fishing with a spear is prohibited within the Ai’opio Fishtrap to ensure the safety of park visitors swimming within the Ai’opio Fishtrap.

Fishing is prohibited in Aimakapa Fishpond to prevent interference with breeding and foraging activities of the endangered Hawaiian coot, and to prevent disturbance of endangered Hawaiian stilts and migratory waterfowl.

Fishing is prohibited in anchialine pools to prevent disturbance and contamination of these fragile ecosystems and to protect populations of endemic shrimp.

e) Fishing in saltwater with net, spear or weapon shall be in accordance with State law, except as otherwise designated as follows:

• Kaloko Fishpond is closed to fishing by any means except by use of fishing pole.

Determination: Use of throw net, lay net, fish trap or scoop net fishing, spear and other collecting are not allowed in Kaloko Fishpond because these methods require entry into the water which is prohibited by 36 CFR 3.16 to protect the resources and cultural values of the pond.

36 CFR §2.4 – Weapons, Traps, and Nets

(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:

• All weapons used for fishing in park waters, must be transported in an unloaded condition until used for fishing in the ocean a safe distance away from other park visitors.

• A bow and arrow may not be used for fishing within the park.

36 CFR §2.5 – Research Specimens

(a) Taking plants, fish, wildlife, rocks or minerals is prohibited except in accordance with other regulations of Chapter I of 36 CFR or pursuant to the terms and conditions of a specimen collection permit.

• Permits are required for collecting research specimens. Scientific research and scientific collection are permitted through the Research Permitting and Reporting System (RPRS) or by email.

36 CFR §2.10 – Camping and Food Storage

(a) Camping is allowed in the following designated sites or areas and is subject to the following established conditions:

All park areas are closed to camping. See Section 1, 36 CFR 1.5(a)(1) Closures

36 CFR §2.11 – Picnicking

Certain areas have been closed to picnicking and are listed in §1. 36 CFR 1.5(a)(1) Closures of this document. See Area Maps.

36 CFR §2.12 – Audio Disturbances

(a)(2) Operating a power saw in developed areas is prohibited, except pursuant to the terms and conditions of a permit.

(a)(3) Operating any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas is prohibited, except pursuant to the terms and conditions of a permit.

(a)(4) Operating a public address system is prohibited, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.

36 CFR 2.13 – Fires

(a)(1) The lighting or maintaining of fires is prohibited, except in the following areas and/or receptacles, and under the conditions noted:

Designated Areas:

• Kaloko Fishpond picnic area
• Ai’opio beach except within the Maliu Point Resource Area and the canoe halau.

Receptacles Allowed:

• Self-contained charcoal grills, gas grills and fire pans.

Established Conditions for Fires:

• No fires may be made on the ground.
• All coals, ash and remnant charcoal debris must be removed from the park and not placed in park garbage cans due to the resultant potential for fire burning the contents of a garbage can and, potentially starting a wild land fire.

(c) During periods of high fire danger, the following areas of the park are closed to the lighting or maintaining of a fire.

• During a period of “High Fire Danger” and County of Hawaii designated “Burn Ban”, all fires and barbecue use is prohibited in the park.

36 CFR §2.15 – Pets

(a)(1) Possessing pets in public buildings, public transportation vehicles, swimming beaches, and the following structures and/or areas is prohibited:

• Pets are prohibited from entering Kaloko or Aimakapa Fishponds.

• Pets are prohibited from entering any anchialine pool.

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

• Pet owners or responsible persons must remove pet excrement deposited on the ground, trails, or other park surfaces. Pet excrement may be bagged and placed in covered garbage cans in the park.

36 CFR §2.20 – Skating, Skateboards, and Similar Devices

Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited, except in the following designated areas:

• Skating, skateboarding, coasting vehicles or similar devices are not permitted within the park.

36 CFR §2.21 – Smoking

(a) The following portions of the park, buildings, structures and/or facilities are closed to smoking:

The smoking of cigarettes, cigars, pipes and the use of E-cigarettes or Vapor Cigarettes or similar devices is prohibited in all government buildings, structures or facilities and within the following outdoor areas of the park:

• All park buildings and other facilities, to include the halau wa’a (thatched canoe hut) at Ai’opio Fishtrap, the visitor contact station at Ai’opio and all comfort stations in the park.

• All parts of the Kaloko kuapa (seawall) and the Kaloko Fishpond picnic area.

• The beach area at Ai’opio, extending from Maliu Point to a point 100 yards north of the halau wa’a.

• Smoking is prohibited within 25 feet of entrances, exits, windows that open, and ventilation intakes that serve enclosed areas where smoking is prohibited.

Determination: The above locations are small areas where visitors congregate to enjoy park facilities, attractions and beaches. To prevent visitor conflicts and exposure to secondhand smoke, these areas are closed to smoking. Both the State and County of Hawaii have banned smoking and the use of e-cigarettes on State and County beaches.

36 CFR §2.22 – Property

(a)(2) Leaving property unattended for longer than 24 hours is prohibited, except in the following locations or under the following conditions:

• Unattended property may not be left in the park longer than 24 hours without permission from an authorized park employee.

• Geocaching is not permitted in the park.

36 CFR §2.35 – Alocholic Beverages and Controlled Substances

(a)(3)(i) The following areas and facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

• Consumption of beverages containing alcohol or possession of open alcoholic beverage containers is not permitted along the Kaloko Fishpond Road (Ala Nui Kaloko), in the Kaloko parking area, in the Hale Ho`okipa Visitor Center parking lot, and in and adjacent to the Hale Ho`okipa Visitor Center.

36 CFR §2.50 – Special Events

(a) Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefor has been issued by the Superintendent.

36 CFR §2.51 – Demonstrations

(b) Demonstrations of more than 25 people are allowed within park areas designated as available under paragraph (c)(2) when the Superintendent has issued a permit for the activity.

(c)(2) The following locations are designated as available for demonstrations:

• The First Amendment Area adjacent to the Hale Ho’okipa Visitor Center parking area (see Area Maps).

36 CFR §2.52 – Sale or Distribution of Printed Matter

(b) The sale or distribution of printed matter by more than 25 persons is allowed within park areas designated as available under §2.51(c)(2) (see above) when the Superintendent has issued a permit.

36 CFR §2.62 – Memorialization

(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.

(b) The scattering of human ashes from cremation is prohibited, except pursuant to the terms and conditions of a permit, or in the following areas and according to the following conditions:

• Scattering ashes from human cremation is not allowed within the park boundaries.

Determination: Kaloko-Honokōhau National Historical Park shares its boundaries with the Honokōhau Settlement National Historic Landmark (State Historic Preservation Number 50-10-27-4138). Scattering human remains is not permitted due to the widespread distribution of cultural sites and archeological resources within the park.

36 CFR §3.16 – Swimming and Wading

Swimming or wading is allowed in waters, subject to closures or restrictions designated in §1.5 of this document.

See Section I, 36 CFR 1.5 for areas that are closed to swimming or wading.

36 CFR §3.18 – Scuba and Snorkeling

(a) Snorkeling and underwater diving is allowed in park waters, subject to the closures or restrictions designated in §1.5 of this document.

See Section I, 36 CFR 1.5 for areas that are closed to SNUBA.

36 CFR §3.19 – Use of Submersibles

The use of manned or unmanned submersibles may only occur in accordance with a permit issued by the Superintendent.

36 CFR §4.10 – Travel on Park Roads and Routes

(a), (b) Operating a motor vehicle is prohibited except on park roads, routes and areas designated for off-road motor vehicle use.

Designated park roads are shown on the official park brochure and are limited to:

• Ala Nui Kaloko (also known as “Kaloko Road” or “Kaloko Fishpond Road”), with its eastern terminus at the Queen Ka’ahumanu Highway and its western terminus at Kaloko Fishpond, is the only unpaved road in the park that is open to motor vehicle travel.
• The paved road from Queen Ka’ahumanu Highway to the Hale Ho’okipa Visitor Center parking lot is open to motor vehicle travel.

There are no roads, routes or areas designated for off-road motor vehicle use.

36 CFR §4.11 – Vehicle Load, Weight and Size Limits

(a) The following load, weight and size limits, which are more restrictive than State law, apply to the roads indicated under the terms and conditions, and/or under permit as noted:

• Ala Nui Kaloko (also known as “Kaloko Road” or “Kaloko Fishpond Road”) is closed to commercial vehicles capable of transporting over 15 passengers.

Determination: Vehicles of this size, length and weight are too large to turn around and safely maneuver in the limited parking area at Kaloko Fishpond. The NPS has documented the presence of lava tubes under Ala Nui Kaloko. Restricting large vehicles from traversing this road protects both known and undocumented park resources from damage and protects the safety of passengers.

36 CFR §4.21 – Speed Limits

(a), (b) The following speed limits are established for the routes/roads indicated:

• Ala Nui Kaloko (also known as “Kaloko Road” or “Kaloko Fishpond Road): Five (5) mph

Determination: The five mph speed limit protects pedestrians and limits formation of dust.

36 CFR §4.30 – Bicycles

E-Bikes

Definition: The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).

• E-bikes are allowed in Kaloko-Honokōhau NHP where traditional bicycles are allowed.

• E-bikes are prohibited where traditional bicycles are prohibited.

• Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.

• A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).

• Except as specified in this Compendium, the use of an e-bike within Kaloko-Honokōhau NHP is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.

Bicycles

(a) The use of a bicycle is prohibited except on park roads, in parking areas, and on routes designated for bicycle use. Park roads and parking areas that are closed to bicycle use are listed in §1.5 of this document.

Designated park roads are shown on the official park brochure:

• Ala Nui Kaloko (also known as “Kaloko Road” or “Kaloko Fishpond Road”), with its eastern terminus at the Queen Ka’ahumanu Highway and its western terminus at Kaloko Fishpond is open to bicycle use.
• The paved road from the Queen Ka’ahumanu Highway to the Hale Ho’okipa Visitor Center parking lot is open to bicycle use.

No routes have been designated for bicycle use.

36 CFR §5.3 – Business Operations

Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.

36 CFR §5.4 – Commerical Passenger-Carrying Motor Vehicles

(a) The commercial transportation of passengers by motor vehicle except as authorized under a contract or permit from the Secretary or his authorized representative is prohibited in certain parks. See §5.4(a) for more information.

36 CFR §5.5 – Filming and Photography

(a)The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:

• Outdoor filming activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.

The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:

• maintain public health and safety;
• protect environmental or scenic values;
• protect natural or cultural resources;
• allow for equitable allocation and use of facilities; or
• avoid conflict among visitor use activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.

The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10 day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.

The following are prohibited:

1. Engaging in a filming activity without providing advance notice to the Superintendent when required or if the Superintendent has notified the organizer in writing that a permit is required.
2. Violating a term and condition of a permit issued under this action. Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

(b)Taking photographs of any vehicle or other articles of commerce or models for the purpose of commercial advertising without a written permit from the Superintendent is prohibited.

36 CFR §5.6 – Commercial Vehicles

(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is generally prohibited and requires permission or a permit from the Superintendent.

36 CFR §7.87 – Public Nudity

Public Nudity, including nude bathing, by any person on federal land or water within the boundaries of Kaloko-Honokōhau National Historical Park is prohibited. This section does not apply to a person under 10 years of age.

Closed Circuit Television (CCTV)

In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Kaloko-Honokōhau NHP uses Closed Circuit Television (CCTV) security camera monitoring.

The park’s use of Closed Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionallyprotected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1)

This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers. (RM-9, 26.1).

Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4)

No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2)

Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.

Area Maps

 

 

Alt text for ʻAiʻōpio Beach Area

Map:
Satellite image with ʻAiʻōpio Beach area mapped out in red. Boundaries of the area are: 

• North: If the edge of the ʻAiʻōpio fishtrap wall extended out of the water onto the beach.
• West: Median high tide line
• South: Maliu Beach Resource Area
• East: Vegetation line

Supporting Text:

• Black banner with NPS Arrowhead and text: "Kaloko-Honokōhau National Historical Park, National Park Service, U.S. Department of the Interior".

• Map Legend features a red box showing the ʻAiʻōpio Beach area and a directional arrow showing north towards the top of the image.

  • Legend text reads:

    • The ʻAiʻōpio Beach Area is closed to the following activities: Throwing Games

 

 

Alt Text for the Maliu Point Resource Area

Map:
Satellite image with ʻAiʻōpio Beach area mapped out in red. Boundaries of the area are: 

• North: Median high tide line
• West: Median high tide line
• South: Just south of the heiau area
• East: Median high tide line to edge of ʻAiʻōpio Beach

Supporting Text:

• Black banner with NPS Arrowhead and text: "Kaloko-Honokōhau National Historical Park, National Park Service, U.S. Department of the Interior".

• Map Legend features a red box showing the Maliu Point Resource area and a directional arrow showing north towards the top of the image.

  • Legend text reads:

• The Maliu Point Resource Area is closed to the following activities:
  • Picnicking
  • Beach chairs, towels, mats, beach umbrellas, and coolers
  • Wedding ceremonies
  • Throwing Games

 

 

Alt Text for Closure Area Map

Map:
Satellite image with the closure area mapped out in red and the shoreline fishing area mapped out in blue.
Boundaries of the closure area are: 

• North: shoreline
• West: Kaloko fishpond wall
• South: Line extending east from the edge of the Kaloko fishpond wall to the outbuilding
• East: Line extending north from the outbuilding to the water

Boundaries of the shoreline fishing area are: 

• North: shoreline
• West: Line extending north from the outbuilding to the water
• South: Line extending east from the edge of the outbuilding to the eastern boundary
• East: The last dip in the shoreline before the small island

Supporting Text:

• Black banner with NPS Arrowhead and text: "Kaloko-Honokōhau National Historical Park, National Park Service, U.S. Department of the Interior".

• Map Legend features a red box showing the "Closure Area - Hawaiian Stilt Foraging Area," a blue box showing the "Shoreline Fishing Area" and a directional arrow showing north towards the top of the image.

 

 

Alt Text for First Amendment Area Map

Satellite image of the Kaloko-Honokōhau Visitor Center and parking lot with black bar header at the top of the image and map legend in the bottom left corner.

• Black Bar Header
  • Kaloko-Honokōhau National Historical Park
  • National Park Service
  • U.S. Department of the Interior
  • NPS Arrowhead Image
• Legend
  • Red Box shows the First Amendment Area
  • Directional arrow with North at the top of the image
• Satellite map
  • The map shows the parking lot for the visitor center with a path leading up to the visitor center in the middle of the northern portion of the parking lot. At the beginning of the path, on the lefthand side is the first amendment area marked with a red rectangle. The path then continues up to the visitor center.