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 13-231-11 - Absence of vessel for more than fourteen days; effect on permits

Current through June, 2024
(a) A regular mooring permit and related use
					 permits issued to a vessel shall automatically expire if the vessel is absent
					 from its assigned berth or mooring for more than fourteen days, unless the
					 holder of the permit or permits submits an application prior to departure on a
					 form furnished by the department enumerating the permits the holder wishes to
					 reserve during the holder's absence. If this is done, the application may be
					 approved, by the department, subject to subsection (b) and the regular
					 permittee reserves for the estimated period of absence noted in the permittee's
					 application which shall not exceed one year, the privilege of returning the
					 vessel to its assigned berth or mooring and also retains, for the estimated
					 period of absence noted in the holder's application which shall not exceed one
					 year, any other related use permit designated in the holder's application;
					 provided that the regular permittee continues, during the absence from the
					 assigned berth or mooring, to pay the fees and charges payable to the
					 department in the amounts prescribed in section 13-234-6. The application shall
					 contain Information as to the duration of the absence of the regular
					 permittee's vessel from the berth or mooring. If the assigned vessel does not
					 return within thirty days after the time of return indicated in the approved
					 application for the retention of the regular mooring permit and related use
					 permits, or within one year, whichever is less, all use permits shall
					 automatically expire unless the regular permittee applies to the department
					 prior to the expiration date indicated on the approved application for an
					 extension and the extension is approved by the department. No application to
					 extend the period of retention of a permit to use the assigned berth or mooring
					 and any other related use permits upon return shall be approved by the
					 department if the absence of the permittee's vessel from the assigned berth or
					 mooring would exceed one year unless the regular permittee presents conclusive
					 evidence to the department that due to requirements of the United States Coast
					 Guard, a boating accident, casualty, hull or equipment failure, weather, sea or
					 related environmental conditions involving the permittee's vessel or similar
					 unforeseen occurrences, the granting of additional time is reasonable and
					 essential to prevent undue hardship. No extension in any case shall authorize
					 the permittee to retain a permit to use the assigned berth or mooring or any
					 other related use permits upon return if the period of absence of the
					 permittee's vessel from its assigned berth or mooring would exceed fifteen
					 months.
(b) Nothing contained in
					 this section shall be construed as a waiver of the right of the department to:
(1) Deny the application to retain the berth
					 or mooring;
(2) Deny the reissuance
					 of or to revoke any use permit for failure to comply with any section of these
					 rules; or
(3) Reassign a vessel to
					 another berth or mooring in order to provide for more efficient use of
					 facilities in the reasonable discretion of the department or when a berth or
					 mooring is unusable, eliminated, or in need of repairs.