Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 2 - SMALL CRAFT AND SMALLER COMMERCIAL VESSELS › Section 19-42-39 - Renewal of use permit

Current through June, 2024
The department may issue or renew a use permit for any
					 period up to, but not exceeding one year. Upon expiration of the period stated
					 therein, the permit and all rights of the permittee thereunder shall
					 automatically terminate. No use permit shall be renewed unless the conditions
					 of the original issuance are met nor shall a use permit be issued or renewed
					 unless all fees and charges due and payable are paid.
The department shall not renew a use permit which has been
					 terminated or revoked.
A use permit may be renewed at any time within a ninety
					 day period immediately preceding the expiration date of the mooring permit. The
					 same use permit number shall be retained if the renewal application is received
					 prior to the expiration date of the old permit and there is no change in
					 ownership or status of the boat. Requests to renew use permits which have been
					 expired for less than thirty days, may be granted by the department if there is
					 no change in ownership or status of the boat and the permittee's account with
					 the department is current. Requests to renew use permits received thirty days
					 or more after the expiration date of the permit shall be treated as an original
					 application with seniority commencing on the date of filing the new, complete
					 application.
The department's policy is to mail a renewal notice to a
					 permittee prior to the expiration of the permit, at the address furnished by
					 the permittee to the department pursuant to these rules. However, the permittee
					 is responsible for the timely renewal of the permit without receipt of a
					 renewal notice from the department.
Temporary mooring permits are not renewable. In view of
					 the acute shortage of available berths in Kewalo Basin and Kewalo Basin annex,
					 certain levels of the activity for which the regular mooring permit was issued
					 (i.e., cruise, charter, commercial fishing) must be achieved in order to be
					 eligible for renewal of the permit. These levels are established in terms of
					 the minimum gross receipts which must be realized by a permittee in the
					 preceding twelve-month period as follows:
For Cruise Boats
.
Minimum Gross Receipts
Vessels registered by the State or documented by the
								U.S. Coast Guard to carry six passengers or less
$ 25,000
Vessels certificated by the U.S. Coast Guard to
								carry seven to twenty-five passengers
$ 50,000
Vessels certificated by the U.S. Coast Guard to
								carry more than twenty-five passengers
$100,000
For Charter Boats
.
Minimum Gross Receipts
Vessels registered by the State or documented by the
								U.S. Coast Guard to carry six passengers or less
$ 25,000
Vessels certificated by the U.S. Coast Guard to
								carry seven to forty-nine passengers
$ 50,000
For Commercial Fishing Boats
.
Minimum Gross Receipts
Vessels of less than five net volume tons
$ 6,000
Vessels documented by the U.S. Coast Guard as
								commercial fishing vessels with a crew of six or less
$ 20,000
Vessels documented by the U.S. Coast Guard as
								commercial fishing vessels with a crew of more than six
$ 60,000
Failure of a permittee to demonstrate that the permittee's
					 vessel's activities generated these minimum gross receipts during the
					 twelve-month period of the permittee's permit shall result in a refusal to
					 renew the use permit by the department, unless the permittee applies to the
					 department in writing for renewal of the permittee's use permit and
					 concurrently presents evidence that any failure to generate gross receipts from
					 the operation of the permittee's vessel as prescribed in this section was due
					 to (1) the sinking, loss, or destruction of the permittee's vessel; (2) the
					 permittee's vessel being inoperative in excess of sixty days due to disability
					 of the permittee; (3) the permittee's vessel 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 (4) where similar conditions and circumstances are
					 demonstrated wherein a renewal of the permittee's use permit would be fair and
					 warranted, and the application for renewal is approved by the
					 department.