Unpermitted commercial activity; prima facie evidence; burden of proof
HRS §200-3.2
in effect200-3.2. Unpermitted commercial activity; prima facie evidence; burden of proof
(a) For purposes of determining whether an administrative violation of commercial activity restrictions under this chapter or rules adopted by the department has occurred, advertisement or offers in print; by word of mouth; or online in any form, including through social media, of unpermitted commercial ocean use activities or commercial ocean recreational equipment shall be prima facie evidence that:
(1) The owner of the advertised or offered commercial
activity disseminated or directed the dissemination of the advertisement or
offer in that form and manner; and
(2) The commercial activity is being operated at the
location advertised or offered.
(b) The burden of proof shall be on a person
charged with an administrative violation of commercial activity restrictions
under this chapter or rules adopted by the department to establish that vessels
or equipment, or both, are not being used for unpermitted commercial activity
or that the person's conduct is authorized pursuant to a permit, lease, or
license issued by the department.
(c) As used in this section:
"Administrative violation" means any
violation enforced administratively by the board pursuant to section 200-14.5.
"Commercial activity" has the same
meaning as in section 200-4(a).
"Social media" means any form of
electronic communication through which users create online communities to share
information, personal messages, and other content, offered from platforms,
including but not limited to Facebook, Foursquare, Instagram, Reddit, TikTok,
Tripadvisor, X, Yelp, and YouTube.
[L 2024, c 227, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0200/HRS_0200-0003_0002.htmFetched: 11/10/2026