Laws & Policies

Firearms Information

As of February 22, 2010, a new federal law allows people who can legally possess firearms under applicable federal, state, and local laws to legally possess firearms in this park.

It is the responsibility of visitors to understand and comply with all applicable state, local, and federal firearms laws before entering this park.

As a starting point, visit the State of Hawai‘i's website: Hawaii Revised Statutes Title 10 Chapter 134 - Firearms, Ammunition and Dangerous Weapons

Federal law also prohibits firearms in certain facilities in this park; those places are marked with signs at all public entrances.

Frequently Asked Questions (FAQs) pdf 18.2k
Answers to questions you may have about firearms in national parks.

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Superintendent's Compendium 2017-2018
National Park Service
U.S. Department of the Interior
Superintendent’s Compendium
Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

Daniel Kawaiaea, Jr. , Superintendent
Pu'ukoholā Heiau
National Historic Site
62-3601 Kawaihae Road
Kawaihae, HI 96743
808-882-7218 phone
808-882-1215 Fax

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 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Pu'ukoholā Heiau National Historic Site unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.
Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), 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 and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:
Unmanned Aircraft: Launching, landing or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries National Historic Site 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 conditions are established for the protection of the scenic values and natural or cultural resources of the historically significant temple (Heiau) associated with Kamehameha the Great. 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).

Visiting Hours:

 Visitor Center will open daily from 7:45 a.m. to 4:45 p.m. Hours subject to change or closure for emergency or hazardous conditions.
 Entrance Road to Samuel M. Spencer “O'hai Ula” County Beach Park will be open daily from 6:00 a.m. to 9:00 p.m. subject to closure for monthly maintenance, emergency, or hazardous conditions.
Determination: It is necessary to establish hours that the public may enter an area in order to protect the natural and cultural resources from resource damage, theft, vandalism and inappropriate activities. It is also necessary for visitor safety since these areas can present hazardous conditions and park staff is not generally available.

Public Use Limits:
 Public assembly, and/or gathering of more than 20 persons (maximum of 50 people in any park area) requires a permit (Boardley court decision allows up to 25 for 1st Amendment activity).
 Camping is prohibited.
Determination: This area is designated as Day Use only. This is necessary for visitor safety and the protection of the natural and cultural resource from vandalism, theft and inappropriate use. Park staff is not generally available.

Closures:
 The park is closed to volleyball, football, baseball, flying disks “Frisbee”, horse shoe, and all other similar activities other than traditional Hawaiian games.
Determination: These conditions are established for the protection of the scenic values and natural or cultural resources of the historically significant temple (Heiau) associated with Kamehameha the Great.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

Public Use Limits:
 Hiking or Pedestrian Traffic:
...Restricted to trail tread or walkway on all trails and walkways.
…Any access upon Pu'ukoholā Heiau requires a Special Use Permit.
…Maximum limit of 20 people on Pu'ukoholā Heiau for educational purposes except for special events where the superintendent has the authority to determine the group size.
Camping:
 Please refer to §2.10 for detailed camping area designations.
 Camping is prohibited.
Determination: These conditions are established for the protection (Heiau) associated with Kamehameha the Great, and to prevent overcrowding or visitor use conflicts.

Picnicking:
 Is limited to 30 minutes in duration unless authorized by a permit.
 Is limited to groups of 10 or less people unless authorized by a permit.
Determination: Pu'ukoholā Heiau Historic Site was established…in order to restore and preservation in public ownership the historically significant temple (Heiau) associated with Kamehameha the Great…These conditions are established for the protection of the scenic values and natural or cultural resources of the historically significant temple (Heiau) associated with Kamehameha the Great.
Water Use:
 Launching or beaching of all water vessels (kayaks, rubber rafts, or other
motorized or non-motorized vessels) is prohibited.
 Swimming is prohibited along Pelekane Beach.
Determination: These conditions are established to ensure the protection of the scenic values and natural or cultural resources of the historic Pelekane area.
Segway Use:
 Segway and gas or electric motorized scooters, as defined under section 1.5 are motor vehicles. The park imposes an interim restriction on the use of Segway and motorized scooters from all areas within the park including park roads, trail, and sidewalks. However, any park visitor with a documented disability is permitted to use Segway and electric motorized scooters throughout the park, including all appropriate structures, facilities, park roads, sidewalks, trails, and other surfaces when such devices are used for the sole purpose of mobility assistance. Finally, use of a mobility assistive device, as outlined above, must adhere to the following:
…A person shall operate any mobility assistive device in a safe and responsible manner; maximum speed will not exceed more than 8 mph (Segway “sidewalk/Intermediate” key), so as not to endanger one’s self or any other visitor.
…A person riding any mobility assistive device upon and along a sidewalk, while crossing a roadway in a crosswalk or on any other surface shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians.
Determination: This provides for the use of mobility assistive devices within the park for individuals with disabilities and protection of the park resources against recreational activities inconsistent with park management.

The following restrictions and/or conditions are in effect for the specific uses or activities noted:

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

Refuse Collecting:
 No one may take any item from a dumpster, refuse bin, recycling bin or trash receptacle without a permit.
ll. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
(f) The following is a compilation of those activities for which a permit from the superintendent is required:
 §1.5(d) The following activities related to Public Use Limits:
 Walking or entering Pu'ukoholā Heiau by 16 or more people.
 Picnicking by 11 or more people
 Special Events
 Public Assemblies and meetings, political gatherings.
 Picnicking for more than 30 minutes in duration.
 Launching or beaching of all water vessels at Pelekane Beach.
§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)
A research permit is required by the superintendent
 §2.10(a) The following camping activities:
 Any overnight camping.
 §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
 §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
 §2.52(c) Sale or distribution of printer 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
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SOL Review:Nwalthall120302
 §5.1 Advertisements - (Display, posting or distribution.)
 §5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States, or must be pursuant to special regulations).
 §5.5 Commercial Photography/Filming:
 (a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television
 (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 (The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)

III. 36 CFR 1.7 (b) PUBLIC NOTICE
.........the superintendent shall compile in writing all the designations, closures, permit requirements and other restrictions imposed under discretionary authority. The compilation shall be updated annually and made available to the public upon request.
IV. GENERAL REGULATIONS
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:
 The climbing, ascending or traversing of the vertical walls of Pu'ukoholā Heiau is prohibited.
 Walking or entering Pu'ukoholā Heiau by 16 or more people is prohibited unless authorized by a permit.
Determination: Pu'ukoholā Heiau National Historic Site was established…in order to restore and preserve in public ownership the historically significant temple (Heiau) associated with Kamehameha the Great…These conditions are established for the protection of the scenic values and natural or cultural resources of the historically significant temple (Heiau) associated with Kamehameha the Great.
(b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section 1.5 of this document.
 All trails and walkways.
Determination: Pu'ukoholā Heiau National Historic Site was established…in order to restore and preserve in public ownership the historically significant temple (Heiau) associated with Kamehameha the Great…These conditions are established for the protection of the scenic values and natural or cultural resources of the historically significant temple (Heiau) associated with Kamehameha the Great.

(c)(1), (c)(2) 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 use or consumption restrictions:
 The following fruits, nuts or berries may be gathered for personal consumption in quantities less than one quart per person per day, and no more than 5 total quarts per calendar year.
…Milo, Thespesia, poplnea
…Noni, Morinda citrifolia
…Kukui (Candlenut tree), Aleurites moluccana
…Nui (Coconuts), Cocos nucifera, maybe gathered from the ground.
 Nioi (Peppers),, Capsicum annuum, may be gathered for personal consumption in quantities of not more than one-quarter or the total peppers on plant.
 Ipu (gourd), Lageneria siceraria, may be gathered for personal consumption in quantities of one person (mature gourds).
 Maximum Quantity/Type of Specimens which may be collected:
1. Hala 3 bundles (20 leaves per bundle)
2. Niu limited for specific use
3. Milo one lei for head, neck, wrists, and ankles
4. Aloe 3 leaves per person
5. Gourds 1 per person (mature gourds)
Determination: The gathering of these fruits in these amounts and within the location will not adversely affect park resources, the reproduction potential of any plant species, or otherwise adversely affect park resources. If future monitoring indicates the such consumption is likely to cause adverse affects to park resources, then the authorization of this consumptive use will be terminated. Use of these items for any purpose other than personal consumption is specifically 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:
 Viewing wildlife with any type of artificial light is prohibited in the Park.
36 CFR §2.3 – FISHING
(e) Fishing in salt waters with net, spear or weapon, are authorized in the following areas only and in the following manner:
 Coastal shore and in compliance with Hawaii State Laws and Regulations.
 Bow fishing is prohibited within the park boundaries.
Determination: This conditions are established to protect the park resources against recreational activities inconsistent with park management.

36 CFR §2.10 – CAMPING and FOOD STORAGE
(a) The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:
 The park is closed to overnight camping, except when authorized by a permit.
Determination: Day use area. No campsites, and limited staff to support emergency needs of overnight visitors.
36 CFR §2.11 – PICNICKING
Certain areas have been closed to picnicking and are listed in section 1.5(a)(1) “Closures”.
Conditions for Picnicking:
 Park Headquarters authorized by superintendent
 Visitor Center Grounds authorized by superintendent
36 CFR 2.13 – FIRES
(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
Designated Areas:
 none
Receptacles Allowed:
 none
Established Conditions for Fires:
 None
36 CFR §2.14 – SANITATION and REFUSE
(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is allowed under the following conditions:
 The dumping or disposal of household, commercial or industrial refuse brought from private or municipal property onto park lands or into park refuse receptacles is prohibited at all times.
(b) Conditions for the disposal, containerization, or carryout of human body waste have been established as follows:
 Human defecation and urination is prohibited within the park and along the trails and within 100feet of water or road.

Determination:
Pu'ukoholā Heiau National Historic Site was established…in order to restore and preserve in public ownership the historically significant temple (Heiau) associated with Kamehameha the Great…These conditions are established for the protection of the scenic values and natural or cultural resources of the historically significant temple (Heiau) associated with Kamehameha the Great and for the health and safety for visitors and employees.
36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:
 No areas are open for the use of roller skates, skateboards, roller skis, coasting vehicles or similar device.
Determination: These conditions are established for the protection of the scenic values and natural or cultural resources of the historically significant temple (Heiau) associated with Kamehameha the Great.
36 CFR §2.21 – SMOKING
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
 Smoking is not allowed in any park facility or government owned, leased, or rented vehicles.
 Smoking is not allowed within 25 feet of any park facility.
 Smoking is not allowed along all park trails.
Determination: Smoking is prohibited to protect park resources, reduce the risk of fire, reduce litter, and prevent conflicts among visitor use activities.
36 CFR §2.22 – PROPERTY
(a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions:
 Property may not be left unattended for periods longer than 24 hours. Unattended property will be collected, disposed of, or destroyed.
36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES
(a)(3)(i) The following public use areas, portions of public use areas, and/or public 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:
 Government buildings
 Pelekane Beach Area
 Headquarters grounds and parking lot
 Visitor Center parking lot
 Trails/Coastal trails
36 CFR §2.62 – MEMORIALIZATION
(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:
 No memorials, plaques, photos, flowers, or similar items may be left in the park.
36 CFR §4.21 – SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:
 Visitor Center Parking Lot 5 mph
 Park Headquarters Road 15 mph
 Spencer Beach Road 25 mph
Determination: These speed limits are established to protect drivers and other park visitors from excessive speeds on small, short park roads not designed for faster vehicle operation.
36 CFR §4.30 – BICYCLES
(a) Park roads and parking areas that are closed to bicycle use are listed in section 1.5 of this document.
(b) Bicycle use is allowed in undeveloped areas as provided for in section 7.

Last updated: April 4, 2017

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Mailing Address:

Pu'ukohola Heiau National Historic Site
62-3601 Kawaihae Road

Kawaihae, HI 96743

Phone:

(808) 882-7218 x0

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