reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-31 - Administrative hearing

Current through June, 2024
(a) The procedures
					 under this section shall be used for any administrative hearing conducted by
					 the division of boating and ocean recreation as required by law.
(b) An administrative hearing officer shall
					 be appointed by the chairperson. Upon setting the time for the hearing, the
					 administrative hearing officer shall make a reasonable effort to transmit a
					 notice to the owners or their attorneys, if any, at their last known address,
					 containing the following:
(1) The date, time,
					 place and nature of hearing;
(2)
					 The legal authority under which the hearing is to be held;
(3) The fact that any party may retain
					 counsel if the party so desires and the fact that an individual may appear on
					 the individual's own behalf, or a member of a partnership or limited liability
					 company may represent the partnership or limited liability company, or an
					 authorized officer or authorized employee or trustee of a corporation or trust
					 or association, as appropriate, may represent the corporation, trust or
					 association.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-32 - Rules of evidence; official notice

Current through June, 2024
(a) The
					 administrative hearing officer may exercise discretion in the admission or
					 rejection of evidence and the exclusion of immaterial, irrelevant, or unduly
					 repetitious evidence as provided by law with a view of doing substantial
					 justice.
(b) In administrative
					 hearings:
(1) Any oral or documentary
					 evidence may be received, but the department shall as a matter of policy
					 provide for the exclusion of irrelevant, immaterial, or unduly repetitious
					 evidence and no sanction shall be imposed or rule or order be issued except
					 upon consideration of the whole record or such portions thereof as may be cited
					 by any party and as supported by and in accordance with the reliable,
					 probative, and substantial evidence. The department shall give effect to the
					 rules of privilege recognized by law.
(2) Documentary evidence may be received in
					 the form of copies or excerpts, if the original is not readily available;
					 provided that upon request parties shall be given an opportunity to compare the
					 copy with the original.
(3) Every
					 party shall have the right to conduct cross-examination as may be required for
					 a full and true disclosure of the facts, and shall have the right to submit
					 rebuttal evidence at the time of the hearing.
(4) Except as otherwise provided by law, the
					 party initiating the proceeding shall have the burden of proof, including the
					 burden of producing evidence as well as the burden of persuasion. The degree of
					 quantum of proof shall be a preponderance of the evidence.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-33 to 13-231-39 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 2 - BOAT OPERATION › Section 13-231-40 - General statement

Current through June, 2024
This subchapter shall govern the operation of vessels in
						small boat harbors. Nothing contained in this subchapter shall be construed to
						limit the authority of the federal government. (Refer also to subchapter 4,
						chapter
						231 for provisions relating to
						specific area.)
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 2 - BOAT OPERATION › Section 13-231-41 - Navigation or mooring vessels in small boat harbors

Current through June, 2024
Whenever a vessel enters a small boat harbor, its
						operator shall immediately come under the jurisdiction of these rules. Such
						vessels shall be operated, navigated, moored, or stored in accordance with
						reasonable directions of small boat harbor authorities. The department may
						designate areas for special boating activities. Each vessel is to be navigated
						within a state small boat harbor at a speed low enough that its wake will not
						disturb any other vessel or property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 2 - BOAT OPERATION › Section 13-231-42 - Interference with navigation

Current through June, 2024
Unless otherwise authorized, no log, boom, float, pier,
						dock, fence, pile, anchorage, or other obstruction shall be installed or placed
						in small boat harbors without a permit from the department. No person shall
						operate any vessel in a manner which will unreasonably interfere with other
						vessels or free and proper navigation of waterways. Anchoring in heavily
						travelled channels or main thoroughfares shall constitute such interference.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 2 - BOAT OPERATION › Section 13-231-43 - Pilotage

Current through June, 2024
Every person operating a vessel in a small boat harbor
						or through channels or entrances leaving or approaching such harbor shall do so
						at this person's own risk.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 2 - BOAT OPERATION › Section 13-231-44 - Vessel loading zone

Current through June, 2024
Vessel loading zone means a portion of a small boat
						harbor facility reserved for the exclusive use of vessels during fueling,
						loading, or unloading. No person shall stop or moor a vessel for any purpose
						other than for the expeditious loading, unloading, or fueling in any place
						marked as a vessel loading zone during the hours when the regulations
						applicable to such loading zone are applicable. Except when otherwise
						prescribed by signs, the use of a vessel loading zone by any one vessel shall
						not exceed thirty minutes. No person shall leave a vessel unattended at a
						vessel loading zone.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 2 - BOAT OPERATION › Section 13-231-46 - Vessel limitations

Current through June, 2024
Due to the restricted entrance and turning area in
						Lahaina small boat harbor, no vessel of any size will be allowed to moor on the
						makai side of the Lahaina loading (fuel) dock from sunset to sunrise. Mooring
						from sunrise to sunset will be limited to fifteen minutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 2 - BOAT OPERATION › Section 13-231-47 to 13-231-49 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-50 - General statement

Current through June, 2024
No regular or extensive use of any state property or
						facilities for private gain or purposes shall be permitted without
						corresponding and reasonable benefits and returns to the public.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-51 - Business activities

Current through June, 2024
No person shall engage in any business or commercial
						activity at any small boat harbor or other small boat facility without:
(1) Prior written approval of the department;
					 or
(2) The proper execution of an
					 agreement with the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-52 - Solicitations and advertisements

Current through June, 2024
Without limiting its generality, the words "business or
						commercial activity" as used in section
						13-231-51 includes any
						solicitations and advertisements, intended for private gain or purposes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-53 - Signs

Current through June, 2024
No person shall post or display any signs at a small
						boat harbor without the prior written approval of the department, except that
						signs strictly pertaining to the sale of vessels and of maximum dimensions of
						three feet by three feet shall be permitted on the vessel without approval.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-54 - Commercial vessel; definition

Current through June, 2024
"Commercial vessel" as used in this subchapter means a
						vessel engaged in any trade or business including, but not limited to, carrying
						passengers for hire, charter fishing, bare boat (demise) or any type of charter
						maintenance, harvesting coral or similar resources, construction, towing,
						tow-boating, or other trade or business wherein the vessel is used in any
						manner to promote the venture, or is registered with the State or documented by
						the United States Coast Guard for commercial use.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-55 - Berthing commercial vessels at Ala Wai or Keehi small boat harbor

Current through June, 2024
(a) The total number of valid commercial use
					 permits that may be issued for vessels assigned mooring in Ala Wai small boat
					 harbor shall not exceed fifteen per cent of the total number of berths and
					 shall not exceed thirty-five per cent of the total number of berths at the
					 Keehi small boat harbor; provided that at the Ala Wai small boat harbor,
					 vessels issued commercial use permits shall:
(1) Not exceed sixty-five feet in
					 length;
(2) Occupy not more than
					 fifty-six berths located along the row of berths furthermost mauka or adjacent
					 to Holomoana Street, with the remainder located throughout the Ala Wai small
					 boat harbor, with priority assigned to row five hundred, row seven hundred, and
					 row eight hundred;
(3) Be phased-in
					 in a manner that does not displace any existing recreational boater or existing
					 catamaran operator; and
(4) Include
					 commercial catamarans, for which valid commercial use permits or existing
					 registration certificates have been issued by the department that allow the
					 catamarans to operate upon Waikiki shore waters for hire.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-56

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-57 - Berthing or using commercial vessels in state small boat harbors

Current through June, 2024
(a) This section is applicable to all state
					 small boat harbors. This section is applicable to all commercial vessels
					 including commercial fishing vessels engaged in charter fishing or any other
					 trade or business; provided that commercial fishing vessels are exempt from
					 this section if the total income derived from the use of the vessel is
					 generated through the sale of fish or permitted coral.
(b) No commercial vessel shall load or
					 discharge passengers or cargo or engage in any other commercial activity at any
					 small boat harbor unless the owner possesses a regular mooring permit and a
					 valid commercial use permit or valid catamaran registration certificate issued
					 by the department. Inter-island ferry service within Maui County shall be
					 afforded preferential consideration in accordance with section
					 200-9(d),
					 Hawaii Revised Statutes. The restrictions of this section shall not apply to
					 any commercial vessel operated in connection with the lease of premises at a
					 small boat harbor.
(c)
					 Notwithstanding subsection (b) and except at the Ala Wai and Keehi small boat
					 harbors, the department may authorize the owner of a transient or visiting
					 commercial vessel engaged in a trade or business elsewhere to:
(1) Carry passengers for hire in the small
					 boat harbors if the vessel will be so engaged as a registered participant in a
					 bona fide fishing tournament;
(2)
					 While on cruise, off-load and load passengers in the small boat harbors if
					 those passengers are embarked elsewhere or bound for another destination;
					 provided that a reservation for a berth was made in advance and space is
					 available; or
(3) Embark and
					 disembark passengers occasionally and infrequently, not exceeding twenty-four
					 times in a calendar year on a special charter when approved not less than seven
					 days in advance of the voyage.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-58 - Limitations on the number of commercial use permits and catamaran registration certificates for vessels assigned permanent moorings

Current through June, 2024
(a)
					 The total number of valid commercial use permits which may be issued for
					 vessels assigned permanent mooring in Manele small boat harbor shall not exceed
					 ten percent of the available berths.
(b) Subject to any other limitations on
					 commercial catamarans that may be provided in these rules, the total number of
					 valid commercial use permits or catamaran registration certificates that may be
					 issued for vessels assigned mooring in the Ala Wai small boat harbor shall not
					 exceed fifteen per cent of the total number of berths; provided that at the Ala
					 Wai small boat harbor, vessels issued commercial use permits or catamaran
					 registration certificates shall:
(1) Not
					 exceed sixty-five feet in length;
(2) Occupy not more than fifty-six berths
					 located along the row of berths furthermost mauka or adjacent to Holomoana
					 Street, with the remainder located throughout the Ala Wai small boat harbor,
					 with priority assigned to row five hundred, row seven hundred, and row eight
					 hundred;
(3) Be phased-in in a
					 manner that does not displace any existing recreational boater or existing
					 catamaran operator; and
(4) Include
					 commercial catamarans for which valid commercial use permits or existing
					 registration certificates have been issued by the department, that allow the
					 catamarans to operate upon Waikiki shore waters for hire.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-59 - Limitations on commercial use permits for vessels moored elsewhere

Current through June, 2024
(a) The department recognizes that it may be
					 necessary or desirable to operate a commercial vessel from more than one small
					 boat harbor, and that lack of mooring facilities in certain areas has required
					 numerous vessels to establish permanent moorings offshore, outside of the small
					 boat harbors of intended use. Therefore, notwithstanding section 13-231-57, the
					 department may issue a limited number of commercial use permits to owners of
					 vessels moored elsewhere for use of small boat harbor facilities. The number
					 and categories of those commercial use permits shall be based on the physical
					 capacity of the small boat harbor facilities to accommodate the additional
					 volume of activity expected to be generated by the additional permits, and
					 shall be determined by the department on a case-by-case basis for each small
					 boat harbor, subject to the limitations listed in subsection (b).
(b) No commercial vessel moored elsewhere
					 shall use any small boat harbor facilities for commercial purposes unless the
					 owner of the commercial vessel moored elsewhere has been issued a commercial
					 use permit for that vessel, or the vessel is exempt from commercial use permit
					 requirements under the provisions of subsection 13-231-57(c) or as otherwise
					 permitted by the department. "Commercial purposes" as used in this subsection
					 includes the staging, loading and discharge of passengers or supplies at a
					 state boating facility for further transport to a vessel's offshore location by
					 means of a water taxi or any other vessel, or provisioning a vessel before or
					 after a voyage involving the carriage of passengers for hire.
(c) The number of commercial use permits for
					 vessels moored elsewhere which may be issued for each small boat harbor shall
					 be as follows:
(1) Maalaea small boat harbor:
					 twenty;
(2) Lahaina small boat
					 harbor: sixteen;
(3) Manele small
					 boat harbor: six; and
(4) All other
					 small boat harbors except for Heeia Kea small boat harbor, which is subject to
					 section 13-256-73.1: no limit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-23.1-60 - Allocation of commercial use permits for vessels and catamaran registration certificates

Current through June, 2024
(a) Commercial use
					 permits and catamaran registration certificates shall be issued to qualified
					 applicants in the order in which applications are received by the department.
					 Seniority begins on the date an application is received and accepted by the
					 department. The allocation procedures specified in subchapter
					 5, Allocation of berths, shall also
					 govern the allocation of commercial use permits and catamaran registration
					 certificates under this section; provided that waiting lists for commercial use
					 permits and catamaran registration certificates shall be established and
					 maintained separately from waiting lists for berth assignment.
(b) The sale or transfer of any corporation
					 or other business entity while on the waiting list which results in a change of
					 the majority stockholder or person holding the majority interest in the
					 business shall result in loss of seniority, and the applicant shall be placed
					 at the bottom of the waiting list.
(c) The department may reject an application
					 for a commercial use permit if the type of commercial activity is determined by
					 the department to be inappropriate for the facility or area for which the
					 permit is being requested, in addition to the grounds for rejection of an
					 application for a permit listed in section 13-231-82.
(d) When a commercial use permit becomes
					 available for a vessel moored elsewhere, the permit issued shall be of the same
					 category as the commercial use permit which was previously in effect.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-61 - Reissuance of commercial use permits, and catamaran registration certificates

Current through June, 2024
(a) The department
					 may reissue a commercial use permit or catamaran registration certificate
					 provided that:
(1) The gross receipts during
					 the twelve-month period under the commercial use permit or catamaran
					 registration certificate for which the application for reissuance has been
					 submitted equals or exceeds the following minimums as applicable:
(A)
Vessel used for bare boat(demise) charters and
								charter sail boats
$7,000
(B)
Vessels registered by the state or documented by the
								U.S. Coast Guard to carry six passengers or less; including charter fishing
								boats
$15,000
(C)
Vessels certified by the U.S. Coast Guard to carry
								seven to twenty-six passengers
$45,000
(D)
Vessels certified by the. U.S. Coast Guard to carry
								twenty-seven to forty-nine passengers
$85,000
(E)
Vessels certified by the U.S. Coast Guard to carry
								fifty to ninety-nine passengers
$125,000
(F)
Vessels certified by the U.S. Coast Guard to carry
								more than ninety-nine passengers.
$250,000
(G)
Vessels engaged in another trade or business not
								delineated and governed by an appropriate paragraph above
$7,000
(H)
Water sports equipment rentals
$7,000;
or
(2) The permittee applies to the department
					 in writing for reissuance of the permittee's commercial use permit or catamaran
					 registration certificate and concurrently presents evidence that any failure to
					 generate gross receipts from the operation of the permittee's vessel or
					 certificate holder's catamaran as prescribed in this subsection was due to:
(A) The sinking, loss, or destruction of the
					 permittee's vessel or certificate holder 's catamaran;
(B) The permittee's vessel or certificate
					 holder's catamaran being inoperative in excess of sixty days due to disability
					 of the permittee or certificate holder;
(C) The permittee's vessel or certificate
					 holder's catamaran was rendered inoperative in excess of sixty days due to
					 damage to the vessel, or due to the necessity of replacing essential parts and
					 gear, provided that reasonable and diligent efforts by the permittee to secure
					 such items necessary to repair the vessel or replacement of parts is
					 demonstrated; or
(D) Where
					 conditions and circumstances are demonstrated wherein a reissuance of the
					 permittee's commercial use permit or the catamaran registration certificate
					 would be fair and warranted, and the application for reissuance is approved by
					 the department; and
(3)
					 All fees and charges due and payable to the department have been paid and no
					 violations are outstanding.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-62 - Transferability of commercial use permits and catamaran registration certificates

Current through June, 2024
(a) Commercial use
					 permits and catamaran registration certificates issued to individuals.
(1) A commercial use permit issued to an
					 individual is non-transferable, so that whenever the permittee parts with
					 possession or transfers the title or interest in the vessel identified in the
					 commercial use permit to another person by any arrangement, the commercial use
					 permit shall expire except as provided herein with respect to the original
					 permittee. The new possessor, transferee, or owner of the vessel shall have no
					 right to use the commercial use permit. However, a sole proprietor holding a
					 commercial use permit or catamaran registration certificate for a commercial
					 catamaran to land on Waikiki beach and operate upon Waikiki shore waters for
					 hire may transfer ownership of the vessel from personal ownership to corporate
					 or other business ownership without terminating the right to operate. The
					 existing permit or registration certificate shall be reissued in a timely
					 manner in the name of the transferee corporation or other business entity. No
					 commercial use permit or catamaran registration certificate for an existing
					 Waikiki beach catamaran operation shall be denied or revoked without a prior
					 hearing in accordance with chapter
					 91, Hawaii Revised Statutes;
(2) An original commercial use permittee or
					 catamaran certificate holder who also holds a regular mooring permit, upon
					 written application and approval by the department may retain the commercial
					 use permit or catamaran registration certificate, provided that within thirty
					 days the permittee moves into the small boat harbor another vessel owned by the
					 mooring permittee pursuant to the provisions of section 13-231-13;
					 and
(3) An original permittee
					 holding a commercial use permit and moored elsewhere may, upon written
					 application to and approval by the department retain the commercial use permit,
					 provided that within thirty days the permittee resumes operation with another
					 vessel owned by the permittee pursuant to the provisions of sections 13-231-13
					 and 13231-61.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-63 - Retention of berth upon termination of commercial use permit or catamaran registration certificate

Current through June, 2024
The owner of a vessel moored in any of the above listed
						small boat harbors whose commercial use permit or catamaran registration
						certificate has been cancelled at the owner's request, expired, or revoked by
						the department pursuant to the provisions of these rules may continue to moor
						the vessel in the small boat harbor in accordance with the owner's regular
						mooring permit and to utilize the vessel for non-commercial purposes if the
						vessel and the owner conform to the conditions set forth in these rules to
						renew or maintain a regular mooring permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-64 - Fees and charges

Current through June, 2024
Fees and charges for commercial vessels shall be as
						prescribed in chapter 13-234 and chapter 13-253.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-65 - Insurance requirements

Current through June, 2024
A use permittee issued a commercial use permit or
						catamaran registration certificate shall, concurrently with the execution of
						the permit or registration certificate, shall tender to the department a copy
						of either a comprehensive general liability insurance policy or policies or a
						protection and indemnity insurance policy, or a certificate of insurance in
						lieu thereof, evidencing that such policy has been and is in force, with a
						combined single limit of not less than $500,000 for commercial vessels not
						authorized to carry passengers and for those authorized to carry not more than
						six passengers; not less than $500,000 for vessels authorized to carry more
						than six passengers, but equal to or less than twenty-seven passengers; and not
						less than $750,000 for vessels authorized to carry more than twenty-seven
						passengers, for bodily injury and damage to property per occurrence. The
						specification of limits contained herein shall not be construed in any way to
						be a limitation on the liability of the permittee or certificate holder for any
						injury or damage proximately caused by it or for purposes of indemnification of
						the State of Hawaii. This insurance shall:
(1) Be issued by an insurance company
					 authorized to do business in the State and approved in writing by the
					 department;
(2) Name the State as
					 an additional insured;
(3) Provide
					 that the department shall be notified in writing at least thirty days prior to
					 any termination, cancellation, or material change in insurance
					 coverage;
(4) Cover all injuries,
					 losses, or damages arising from, growing out of, or caused by any acts or
					 omissions of the permittee or certificate holder, its officers, agents,
					 employees, invitees, members, shareholders, subcontractors, or licensees, in
					 connection with the permittee's or certificate holder's activities under the
					 permit or certificate; and
(5) Be
					 maintained and kept in effect at the permittee's or certificate holder's own
					 expense throughout the life of the permit or certificate. The permittee or
					 certificate holder shall submit evidence to the department of renewals or other
					 actions proving that the insurance policy remains in effect as prescribed
					 herein.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-66 - Limitation on number of berths held by a commercial permittee

Current through June, 2024
No person shall be issued permits to moor more than two
						commercial vessels in any of the state's small boat harbors except temporarily
						pursuant to section
						13-231-57(c) or
						as provided by section
						13-231-69; provided further, that
						any person holding valid commercial use permits on the 1994 effective date of
						these rules authorizing the mooring of more than two commercial vessels in any
						of these small boat harbors may continue to moor the person's vessels in the
						small boat harbor subject to compliance with the conditions of the commercial
						use permits and this chapter and until the commercial use permits expire or
						terminate without a proper reissuance.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-68 - Signs and other structures at a state small boat harbor

Current through June, 2024
(a)
					 No person shall erect or place a sign, ticket booth, or any other structure in
					 a state small boat harbor without the prior written approval of the department.
					 All such structures shall only be erected or placed within a state small boat
					 harbor if they are in conformity with state and county laws and ordinances, and
					 prior approval of all appropriate governing agencies has been
					 obtained.
(b) Signs identifying
					 commercial activities posted or displayed within a state small boat harbor
					 shall be limited Lo twelve square feel maximum sign area and be designed in
					 accordance with the guide for small boat harbor signs provided by the
					 department. Structures for ticket booths shall be limited to thirty-six square
					 feet maximum and be designed in accordance with the guide for ticket booths
					 provided by the department.
(c)
					 Signs and other structures placed or erected within Lahaina small boat harbor
					 shall also comply with the requirements of the Maui County Cultural Resources
					 Commission.
(d) Fees for signs and
					 ticket booths are set forth in chapter 13-234.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-69 - Multiple use of mooring facilities by commercial vessels

Current through June, 2024
(a)
					 Notwithstanding the provisions of section 13-231-4, a permittee holding a valid
					 mooring permit for a commercial vessel may place another commercial vessel of
					 the same size category that is owned by the permittee in the permittee's
					 assigned berth when the commercial vessel for which the mooring permit is
					 issued is temporarily absent from the berth, provided that prior notification
					 is provided to the department.
(b)
					 The mooring permit for the assigned berth shall be issued for the largest
					 commercial vessel to utilize the berth, and mooring fees charged in accordance
					 with the fee schedule shown in section 13234-25. The vessel name and
					 registration or documentation number of each additional vessel expected to
					 utilize the berth shall be listed as an addendum to the regular mooring permit
					 issued for that berth.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-70 - Water taxi operations

Current through June, 2024
(a) Water taxi
					 operations may be permitted at all small boat harbors provided that the owner
					 of the water taxi operation has been issued a commercial use permit.
(b) No water taxi operations may be permitted
					 to transport passengers and crew from commercial vessels moored offshore, or
					 the shuttling of passengers to and from a commercial vessel moored elsewhere if
					 that vessel has not been issued a commercial use permit for the small boat
					 harbor or other valid commercial use permit issued by the department. There
					 shall be no restriction on the use of water taxi service by recreational
					 vessels, vessels owned by the United States, or commercial vessels which are
					 exempt from commercial use permit requirements under the provisions of section
					 13-231-57.
(c) The department may furnish a current list
					 of commercial vessels authorized to receive water taxi service as provided in
					 subsection (b) upon request by the owner of the vessel performing water taxi
					 operations at no charge.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-71 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-72 - REPEALED

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 13-231-73 to 13-231-75 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 4 - SPECIAL AREA RULES › Section 13-231-76 - REPEALED

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 4 - SPECIAL AREA RULES › Section 13-231-77 - Ala Wai canal

Current through June, 2024
Operation of vessels in Ala Wai canal shall be
						accomplished in a manner that will not create a nuisance to area residents. All
						applicable provisions of these rules shall apply to Ala Wai canal.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 4 - SPECIAL AREA RULES › Section 13-231-78 to 13-231-79 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-80 - General

Current through June, 2024
(a) This subchapter shall govern the
					 allocation of berths as they become available in small boat harbors.
(b) It is the policy of the department to
					 promptly assign an available berth on a first-come, first-served basis to the
					 first qualified applicant, determined in accordance with the provisions of this
					 subchapter, for the type of mooring requested provided that the proposed use by
					 the vessel affords maximum, safe, convenient, and efficient utilization of
					 facilities and provided that assignment is not contrary to public interests, or
					 otherwise unlawful or contrary to these rules.
(c) Since each berth and each vessel presents
					 unique ship handling and other peculiar berthing problems in relation to the
					 small boat harbor, the department reserves the right to utilize its fair and
					 impartial judgment, flexibility, and discretionary authority to allocate berths
					 based upon its knowledge of available facilities, prevailing small boat harbor
					 conditions, safe boating practices, effective harbor management procedures, and
					 other factors which must be thoroughly considered prior Lo acceptance of an
					 application and allocating a berth to a vessel. The many factors that the
					 department may take into consideration in accepting an application and
					 allocating a berth include, but are not limited to, the applicant's vessel
					 length, draft, beam, method of propulsion; the proposed vessel use and any
					 other special or unique vessel handling problems in relation to the size of the
					 available berth; berth location, water depth, prevailing winds and currents,
					 and other pertinent factors relative to the available berth.
(d) If berths of varying lengths are
					 available for assignment in a small boat harbor then no regular " mooring
					 permit shall be issued which allocates a berth to a vessel, if the length of
					 the berth to be assigned exceeds the vessel length overall by more than five
					 feet; provided, however this provision does not apply:
(1) When more than one vessel is assigned to
					 and occupies a single berth end to end; or
(2) In a small boat harbor with established
					 categories of berths which may be assigned to designated classes of vessels,
					 pursuant to section 13-231-86.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-81 - Application for a berth; seniority of applications; period of validity; renewal of application

Current through June, 2024
(a) The department
					 shall allocate a berth to an applicant by issuing a use permit pursuant to this
					 subchapter and sections 13-231-2 and 13-231-3 if:
(1) A berth is vacant in the small boat
					 harbor and is available for such assignment pursuant to this
					 subchapter;
(2) No prior valid
					 application for such is pending.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-82 - Review, acceptance, or rejection of applications

Current through June, 2024
(a)
					 The department shall examine and determine the genuineness and regularity of
					 each application for a mooring or other small boat harbor use permit and may
					 conduct any investigation as may be deemed necessary for its examination and
					 determination; and it may require additional information from the applicant as
					 may be necessary to determine the genuineness and regularity of the
					 application.
(b) The department
					 shall reject any application that contains a material misstatement or if the
					 applicant has failed to disclose any material fact in the
					 application.
(c) An application
					 shall not be accepted for consideration and shall be rejected if:
(1) The application fee is not paid at the
					 time the application is made;
(2)
					 The applicant is delinquent in payment of any moneys due and payable to the
					 department;
(3) The applicant has
					 pending a citation for violation of any of the department's rules; or
(4) The category or type of mooring requested
					 is " inappropriate for the vessel to be moored by the applicant and will not,
					 therefore, afford maximum, safe, convenient, and efficient utilization of small
					 boat harbor facilities as determined by the department pursuant to section
					 13-231-80.