reglab/statecodes huggingface dataset:
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 19-42-27 - Renewal of application

Current through June, 2024
An application for a use permit may be renewed within a
					 ninety-day period preceding its expiration date. An application renewed prior
					 to its expiration date shall be valid for a period ending one year from the
					 expiration date of the previous application. It is the policy of the department
					 to mail an application renewal notice to an applicant, prior to the expiration
					 of the applicant's application, at the address the applicant has furnished to
					 the department pursuant to these rules. However, the applicant is responsible
					 for the timely renewal of an application without receipt of a renewal notice
					 from the department.
A fee for each renewal of an application shall be levied
					 by the department.
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 19-42-28 - Applicant required to furnish address and report changes; effect of failure to report change

Current through June, 2024
An applicant shall include the applicant's address in the
					 application to the department for a use permit.
An applicant shall immediately inform the department in
					 writing of any changes in the applicant's address in order to maintain the
					 validity of the applicant's application.
An application shall be void if the department is unable
					 to notify the applicant of a vacancy at the address (1) appearing on the
					 application or (2) furnished in writing to the department by the applicant as a
					 change of address subsequent to submitting the application.
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 19-42-29 - Review and acceptance or rejection of application for use permit

Current through June, 2024
The department shall examine and determine the genuineness
					 and regularity of each application and may conduct any investigation as may be
					 deemed necessary for its examination and determination. It may require
					 additional information from the applicant as may be necessary to determine the
					 genuineness and regularity of the application.
An application for a use permit for the purpose of
					 conducting commercial operations may be rejected for any of, but not
					 necessarily limited to, the following reasons:
(1) The corporation, partnership, association
				  or group, however organized, is not licensed by the department of commerce and
				  consumer affairs to do business in the State;
(2) The applicant cannot produce a current
				  general excise tax license;
(3) The
				  investigation of credit discloses information detrimental to the best interests
				  of the State (applicant is a poor credit risk);
(4) The applicant is delinquent in the
				  payment of any moneys due and payable to the State;
(5) The vessel described in the application
				  is not properly documented, certificated, or registered with the appropriate
				  federal or state agencies concerned;
(6) The application is for other than
				  commercial maritime purposes; or
(7) The applicant makes a deliberate
				  misstatement or willfully fails to disclose any material fact in the
				  application.
The department shall inform the applicant in writing,
					 within a reasonable time, of the rejection of an application and the reasons
					 therefor. The applicant's application fee shall be refunded.
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 19-42-30 - Withdrawal of application; effect ifapplication has become void, expires, or been withdrawn

Current through June, 2024
An application may be withdrawn by an applicant upon
					 written notice to the department.
An applicant who withdraws an application, or whose
					 application has expired or becomes void, may submit a new application for
					 acceptance by the department.
An applicant's seniority begins on the date the new
					 application is accepted for consideration as provided in these rules.
The application fee shall not be refunded if an
					 applicant's application is withdrawn, expires, or becomes
					 void.
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 19-42-31 - Waiting lists

Current through June, 2024
When the department cannot issue a use permit to an
					 applicant, a waiting list of applicants shall be maintained by the department.
					 Waiting lists shall be kept in the order of the date of acceptance of the
					 initial, fully completed application. Timely and satisfactorily renewed
					 applications will continue their priorities from the initial or adjusted date
					 of application. Separate waiting lists shall be maintained for each harbor, for
					 each type of use permit or berth and, for Kewalo Basin, each use or activity in
					 which the vessel is to be employed.
A waiting list shall be maintained for holders of regular
					 mooring permits who wish to apply for movement to another similar berth within
					 the same harbor. A person desiring to moor that person's vessel in a harbor
					 where no berths are available for allocation may have that person's application
					 placed on a waiting list based on the date of that person's initial fully
					 completed application. An applicant shall be allocated a berth when (1) that
					 person becomes the senior applicant on the list and (2) a berth suitable for
					 that person's vessel becomes available. The senior applicant for a regular
					 mooring permit may decline the department's offer of a use permit one time and
					 still retain seniority, although the applicant shall not be offered another
					 regular mooring permit for six months. If the senior applicant declines the
					 department's offer a second time, the applicant's application shall be
					 considered void and the applicant's name shall be removed from the waiting
					 list.
If the applicant is a corporation and there is a change in
					 officers of the corporation or if the applicant is not a corporation but
					 decides to incorporate, the effective date of these changes shall determine the
					 applicant's seniority on the waiting list.
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 19-42-32 - Allocation of berths; policy

Current through June, 2024
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 for the type of use requested; provided that the proposed use by the
					 vessel affords maximum, safe, convenient, and efficient utilization of
					 facilities and is in conformance with section
					 19-42-21 and section
					 19-42-40; and provided further
					 that such assignment is not contrary to public interest, or is not otherwise
					 unlawful or contrary to these rules.
Since each berth and each vessel presents unique ship
					 handling and other peculiar berthing problems in relation to the 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 harbor conditions, safe boating
					 practices, effective harbor management procedures and other factors which shall
					 be thoroughly considered prior to 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 in allocating a berth include,
					 but are not limited to the applicant's vessel length, draft, beam, weight,
					 method of propulsion; proposed vessel use; and any other special or unique
					 vessel handling problems in relation to the size of the available berth; berth
					 location; water depths; prevailing winds and currents and other pertinent
					 factors relative to the available berth.
If the senior applicant is refused a berth because of such
					 considerations the berth shall be offered to the next senior applicant with an
					 acceptable vessel.
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 19-42-33 - Notice to owner of available use permit

Current through June, 2024
(a) When an offer
				  of any use permit, except a temporary permit, is provided, the department shall
				  deliver the offer or send it by certified mail, return receipt requested,
				  addressed to the applicant at the post office address furnished to the
				  department in writing by the applicant.
(b) The department shall offer a temporary
				  mooring permit to the applicant by telephone, personal service, or first class
				  mail, postage prepaid addressed to the applicant at the post office address
				  furnished to the department in writing by the applicant. If the senior
				  applicant cannot be contacted after a reasonable effort, the next senior
				  applicant will be offered the temporary mooring permit. Unless circumstances
				  beyond the former senior applicant's control can be demonstrated, the former
				  senior applicant shall lose seniority.
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 19-42-34 - declining offer

Current through June, 2024
(a) When an offer of any use permit, except a
				  temporary permit, is provided, the department shall deliver the offer or send
				  it by certified mail, return receipt requested, addressed to the applicant at
				  the post office address furnished to the department in writing by the
				  applicant.
(b) The department shall
				  offer a temporary mooring permit to the applicant by telephone, personal
				  service, or first class mail, postage prepaid addressed to the applicant at the
				  post office address furnished to the department in writing by the applicant. If
				  the senior applicant cannot be contacted after a reasonable effort, the next
				  senior applicant will be offered the temporary mooring permit. Unless
				  circumstances beyond the former senior applicant's control can be demonstrated,
				  the former senior applicant shall lose seniority.
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 19-42-35 - Offer of temporary mooring permit valid only seven days; notification of intention; acceptance

Current through June, 2024
(a) An applicant
				  for a temporary mooring permit to moor in a temporarily vacant berth who has
				  been offered the use of a berth shall, within seven days after the offer notify
				  the department of any intention to accept or decline the offer. If the offer is
				  declined, an applicant's application for a temporary mooring permit shall be
				  void and the berth shall be offered to the next senior applicant.
(b) An applicant who has notified the
				  department of an intention to accept the offer shall accept by (1) securing a
				  temporary mooring permit for use of the offered berth within seven days after
				  the date of offer; and (2) otherwise complying with the requirements of these
				  rules and (3) moving the vessel into the assigned berth within seven days after
				  the date of the offer. Failure to comply renders the application, the offer,
				  and the notion of intention to accept void.
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 19-42-36 - Offer of commercial and miscellaneous permits

Current through June, 2024
(a) An
				  applicant for a commercial or miscellaneous permit who has been offered one of
				  these permits shall within seven days after the offer is made notify the
				  department of an intention to accept or decline the offer. If the applicant
				  declines the offer, the applicant's application shall be void and the permit
				  offered to the next senior applicant.
(b) An applicant who has notified the
				  department of an intention to accept the offer shall comply with conditions and
				  terms set forth in the offer of the use permit.
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 19-42-38 - Period of validity of use permit

Current through June, 2024
Regular mooring permits shall be issued for a period not
					 to exceed one year. Temporary mooring permits shall be issued for the period
					 stated in the permit but not to exceed thirty days. Commercial and
					 miscellaneous permits shall be valid for the period of time indicated by the
					 department at the date of issuance. Permits shall automatically terminate at
					 their expiration dates. Permittees may initiate action to renew these permits,
					 except that temporary mooring permits are not renewable.
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 19-42-41 - Temporary mooring permit; reasons for issuance

Current through June, 2024
The department may issue a temporary mooring permit for a
					 berth because of the following reasons:
(1) a berth assigned to a regular permittee
				  will be temporarily vacant while the regular permittee's vessel is temporarily
				  absent;
(2) a berth will be
				  temporarily vacant during the time an old permittee vacates the berth and the
				  time the berth is assigned and the newly assigned regular permittee actually
				  moves that person's vessel into the berth; and
(3) assigning a temporary mooring permit
				  affords maximum, safe, convenient, and efficient utilization of harbor
				  facilities.
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 19-42-42 - Temporary permittee's use of berth and liability

Current through June, 2024
Temporary use of a berth by a temporary permittee does not
					 grant the temporary permittee any right to retain the use of the berth or any
					 other space in the harbor. The temporary permittee shall remove the temporary
					 permittee's vessel from the berth and the harbor upon expiration of the
					 temporary mooring permit or upon lapse of forty-eight hours notice to vacate
					 the berth from the department, whichever event occurs first.
Failure of a temporary permittee to vacate the berth upon
					 expiration of the temporary mooring permit or upon lapse of forty-eight hours
					 notice shall subject the temporary permittee to liability for any damages
					 incurred by the regular permittee assigned to the berth resulting from the
					 temporary permittee's failure to vacate, and to a fine pursuant to section
					 266-25,
					 Hawaii Revised Statutes, and entitles the department to remove the temporary
					 permittee's vessel to an impounding area. The temporary permittee shall
					 indemnify and hold harmless the State from any liability for damages arising
					 from the temporary permittee's failure to vacate the berth and the harbor and
					 from the removal of the vessel to an impounding area by the
					 department.
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 19-42-43 - Temporary mooring permits; priority of allocation

Current through June, 2024
Priorities for allocation of temporarily vacant berths for
					 interim use as they become available shall be as prescribed in this
					 section.
(1) First priority. The
				  senior applicant to moor a transient vessel who applied in advance in writing
				  for interim use of a temporarily vacant berth to begin at a specified time and
				  whose application was received and accepted by the department; provided that a
				  transient vessel shall be allocated to a berth that has been set aside and
				  designated by the department for use by transient vessels only, unless the
				  transient berths available for allocation at that time are not suitable for the
				  vessel, or no transient berths have been set aside in that harbor.
(2) Second priority. The senior applicant who
				  applied in advance in writing to moor a vessel, other than a transient vessel,
				  for an interim period whose application was received and accepted by the
				  department.
(3) Third priority. The
				  berth shall be offered on a first-come, first-served basis.
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 19-42-44 - Revocation of use permit

Current through June, 2024
If the permittee fails to remedy any breach of any of the
					 duties, covenants, or conditions of the permit or to desist from violating or
					 permitting violation of these rules, the department may revoke the permittee's
					 use permit, or, at its discretion, refuse to renew the permittee's use
					 permit.
A use permit may be terminated or revoked for the
					 following reasons, although termination and revocation are not necessarily
					 limited to these reasons:
(1) Failing
				  to report to the department within seven days:
(A) A change in ownership of the
				  vessel.
(B) A change in address of
				  the permittee.
(C) A change in
				  status of the vessel from one category to another, e.g., from commercial
				  fishing to charter fishing.
(D) The
				  permittee's vessel has been involved in the destruction of or damage to state
				  property or to another vessel.
(E)
				  A material change in a corporation's stock ownership or change in corporate
				  officers.
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 19-42-45 - Cancellation of use permit by owner

Current through June, 2024
A use permit may be cancelled by a boat owner upon thirty
					 days' written notice to the department.
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 19-42-46 - Use of mooring space

Current through June, 2024
The awarding of a regular mooring permit entitles the
					 owner to the use of a specific mooring or berthing facility identified by berth
					 number and location. The permittee may occupy the assigned berth only with that
					 vessel described in the permittee's application for mooring permit. In some
					 berths, however, the department reserves the right to nest another vessel
					 alongside provided no hazard is presented.
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 19-42-47 - Exchange of berths

Current through June, 2024
A permittee holding a regular mooring permit to moor in
					 the harbor may, upon written approval by the department, exchange the
					 permittee's berth with another permittee holding a regular mooring permit to
					 moor in the harbor if:
(1) the vessels
				  are suitable for the berths as determined by the department;
(2) there is mutual agreement between the
				  permittees; and
(3) the berths to
				  be exchanged are of the same characteristics.
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 19-42-48 - Use permit and assigned berth not transferable

Current through June, 2024
A permittee may not transfer, either temporarily or
					 permanently, a use permit or berthing space to anyone for any purpose. This
					 authority is vested only in the department. Whenever a permittee parts with
					 possession of or transfers title to or interest in the vessel identified in the
					 permit to another person, or corporation by any arrangement whatsoever, the
					 permit shall automatically expire as of the date possession or title is
					 transferred, except as otherwise provided in this section. The new possessor,
					 transferee, or owner of the vessel shall have no right to the use permit or the
					 berthing space.
However, upon the death of a permittee, the permittee's
					 spouse may retain the permittee's berthing space and mooring permit if, in the
					 normal course of probate, title to the vessel identified in the applicable
					 mooring permit passes to the spouse. Notwithstanding the foregoing, a permit
					 shall not expire and the permittee may, upon written application to and with
					 the prior approval of the department, retain the use permit, provided that
					 within thirty days, the permittee moves into the berth another vessel of
					 appropriate characteristics, owned or leased by the permittee and legally in
					 the permittee's possession to the exclusion of the registered owner, and
					 provided that the appropriate fees continue to be paid. The department may
					 extend this thirty-day period because of special circumstances. The department
					 may extend the deadline to furnish a suitable replacement vessel if a permittee
					 presents conclusive evidence in writing to the department that the granting of
					 additional time is necessary for the construction and delivery of the
					 replacement vessel or reasonable and essential to prevent undue hardship. Any
					 extension of time from the initial thirty-day period shall not exceed a period
					 of one year from the date of the sale or transfer of the previously assigned
					 vessel. For the purpose of this section, if the owner transfers less than a
					 fifty percent interest in the vessel mentioned in the permit by any means, it
					 will not be considered to be a transfer of title or interest in the
					 vessel.
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 19-42-50 - Inspection

Current through June, 2024
All small craft and smaller commercial vessels moored or
					 berthed at a state-owned or controlled pier, wharf, quay, bulkhead, landing
					 dolphin, anchorage, mooring, or other facilities located in the shore waters,
					 navigable streams, harbors, ports, and roadsteads of the State shall be subject
					 to inspection by the department or any peace officer of the State or its
					 political subdivisions at any time where necessary and proper for the purpose
					 of enforcing these rules.
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 19-42-51 - Audit

Current through June, 2024
The department reserves the right to conduct audits to
					 determine the validity of maintaining a vessel's classification, the fees owing
					 to the department, and any other information necessary and proper to enforce
					 these rules. Information normally needed includes standard business records.
					 For example, in the case of commercial fishing vessels, the following records
					 are deemed pertinent:
(1) Monthly fish
				  catch reports;
(2) Records showing
				  the number of days fished in a given month;
(3) Pertinent sales records both from the
				  sale of fish whether fresh or frozen and from any other activity in which the
				  vessel had been engaged;
(4) Annual
				  general excise tax returns; and
(5)
				  Any other records the boat owner/operator deems pertinent.
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 19-42-52 - Small craft and smaller commercial vessel repairs, reconstruction or major modification

Current through June, 2024
Minor repairs to small craft and smaller commercial
					 vessels may be made at the assigned berth and shall be completed within thirty
					 days. If repairs are estimated to, or actually do, require that the vessel be
					 out of service for more than thirty days, prior approval shall be sought from
					 the department to initiate or complete the repairs in the harbor. Prior
					 approval shall be sought from the department for any repairs requiring the use
					 of cranes, lifts, and any similar devices within the harbor. Repair,
					 reconstruction or major modification that would interfere with the free flow of
					 other vessels, pedestrian, or vehicle traffic shall only be accomplished in an
					 area designated by the department. Failure to seek approval as required by this
					 section shall be grounds for the revocation of the use
					 permit.
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 19-42-53 - Living aboard

Current through June, 2024
No person shall moor any small craft or contrivance used
					 solely or principally for the purpose of living aboard in any commercial harbor
					 of the State.
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 19-42-54 - Safety watch

Current through June, 2024
For safety reasons, one person may remain aboard a vessel
					 with a valid mooring agreement twenty-four hours a day as a safety watch. A
					 list of the name or names of persons who will rotate as the single safety watch
					 shall be submitted to the department in writing for approval.
The department retains the right to conduct reasonable
					 inspections of vessels in a state commercial harbor to insure that only a
					 single authorized safety watch remains aboard a vessel.
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 19-42-55 - Illegal mooring of any small craft or smaller commercial vessel

Current through June, 2024
The department is vested with the sole authority to issue
					 regular and temporary mooring permits. Any vessel occupying a berth without a
					 valid mooring permit issued by the department is in violation of these rules.
					 The vessel owner shall be subject to appropriate legal action and the boat
					 shall be subject to removal and impoundment by the department. Furthermore, the
					 boat owner shall be charged a mooring fee for the time period the vessel was
					 illegally moored. The owner of an illegally moored small craft or smaller
					 commercial vessel who has been ordered, by certified mail, or by posting a
					 notice on or as near to the offending vessel as possible, by personal service
					 or by any other reasonable means shall remove the illegally moored vessel
					 within seventy-two hours from the time the notice was posted or notification
					 given. Failure to remove the vessel shall result in the impounding and removal
					 of the vessel by the department at the sole cost and risk of the owner of the
					 illegally moored vessel, if such vessel is not removed after the seventy-two
					 hour period or if during said period the vessel is removed and re-moored in
					 said harbor or any other state commercial harbor without a use
					 permit.
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 19-42-57 - Administrative hearing

Current through June, 2024
The procedures under this section shall be used for any
					 administrative hearing conducted by the harbors division as required by
					 law.
An administrative hearing officer shall be appointed by
					 the director. Upon setting the time for the hearing, the administrative hearing
					 officer shall transmit a notice to the last known address of the owner or their
					 representative, if any, 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 may represent the
				  partnership, or an authorized officer or authorized employee of a corporation
				  or trust or association may represent the corporation, trust or association.
All parties shall be afforded an opportunity to present
					 evidence and argue on all relevant issues involved.
Any procedure in the administrative hearing may be
					 modified or waived by stipulation of the parties and disposition may be made of
					 any administrative hearing by stipulation, agreed settlement, consent order, or
					 default.
Appeals from the decision may be made in accordance with
					 chapter
					 91, Hawaii Revised
					 Statutes.
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 19-42-57.1 - Rules of evidence

Current through June, 2024
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. 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
				  hearing.
(4) Except as otherwise
				  provided by law, the party initiating the proceeding shall have the burden of
				  proof by a preponderance of the evidence which includes the burden of producing
				  evidence as well as the burden of persuasion.
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 19-42-58 - Sale of vessel to collect outstanding delinquent indebtedness; sale of abandoned vessel

Current through June, 2024
If a boat owner is delinquent in the payment of any fee or
					 charge, including costs of impoundment and removal, or if a vessel is
					 abandoned, the department may institute proceedings pursuant to law to secure
					 the attachment and sale of the vessel.
In order to recover unpaid indebtedness, the department
					 may initiate legal process including impoundment and sale of a vessel following
					 the mailing of three past due invoices, the last billing being approximately
					 ninety days following the date money was due and payable.
Abandoned vessels or contrivances shall be disposed of
					 pursuant to chapter
					 266,
					 Hawaii Revised Statutes, and any administrative hearing shall follow the
					 procedure as set forth in sections
					 19-42-57 and
					 19-42-57.1.
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 19-42-59 - Salvage, sinking boats

Current through June, 2024
The owner of a boat in danger of wreckage, damaging other
					 property, sinking, or obstructing waterways shall be advised by the department
					 to take immediate remedial action. If upon due notice and after a reasonable
					 time (not to exceed ten days) has elapsed and the owner has failed to institute
					 appropriate measures, the State may take such action as the circumstances
					 require to save or rescue the boat, prevent damage to other property or to
					 prevent obstruction of waterways; provided that in an emergency where life or
					 property is endangered or where the boat may interfere with other boats or with
					 free and proper navigation of waterway, immediate remedial action may be
					 instituted by the department without prior notice.
Any action taken under this section shall be done pursuant
					 to these rules. Any action taken by the department shall be at the sole cost
					 and risk to the boat owner.
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 19-42-60 - Vessel loading zone

Current through June, 2024
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 effective. No person shall leave a vessel
					 unattended at a vessel loading zone.
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 19-42-61 - Anchoring of small craft or smaller commercial vessels

Current through June, 2024
The anchoring of small craft or smaller commercial vessels
					 in heavily traveled channels or main thoroughfares within commercial harbors is
					 prohibited. Anchoring within Kewalo Basin is prohibited except for
					 emergencies.
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 19-42-61.1 - Mooring or anchoring of recreational vessels in Radio Bay and Kawaihae

Current through June, 2024
Mooring or anchoring of recreational vessels may be
					 allowed in Radio Bay and Kawaihae on an interim basis and as authorized by the
					 department in writing prior to mooring.
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 19-42-62 - Nesting

Current through June, 2024
The department shall nest vessels when it deems it to be
					 necessary. Nesting assignments shall be made with due regard to the relative
					 lengths of the vessels involved, their construction and any other pertinent
					 characteristics.
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 19-42-63 - Permittee's responsibility for wharf area

Current through June, 2024
Each permittee shall be responsible for keeping the area
					 near the permittee's assigned mooring free from litter, debris, and discard.
					 Water hoses attached to available hose bibs must be fitted with automatic
					 shut-off nozzles.
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 19-42-64 - Structures on and modifications to the wharf

Current through June, 2024
No structure shall be built on or placed on and no
					 modification shall be made to the wharf, pier, or terminal area without the
					 prior written approval of the department.
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 19-42-65 - Sailing vessels in Kewalo Basin channel

Current through June, 2024
Sailing vessels shall only be permitted in the Kewalo
					 Basin channel if they are equipped with and are using motor
					 power.
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 19-42-66 - Safety regulations for small craft and smaller commercial vessels

Current through June, 2024
Safety regulations in sections
					 19-42-134,
					 19-42-135,
					 19-42-136,
					 19-42-138, and
					 19-42-139 shall be observed by
					 small craft and smaller commercial vessels if applicable.
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 19-42-67 - Emergency conditions

Current through June, 2024
During emergency conditions and when necessary to protect
					 life and property, the department may deviate from these
					 rules.
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 19-42-68 - Provisions from other chapters are applicable

Current through June, 2024
Provisions from other chapters of these rules particularly
					 those sections relating to safety, cleanliness, use of facilities, welding and
					 burning operations, and liability are applicable to commercial harbors where
					 small craft or smaller commercial vessels are moored.
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 19-42-69 - Application to be placed on the list of approved marine surveyors

Current through June, 2024
A qualified marine surveyor can apply to be placed on the
					 list of approved marine surveyors by writing a letter of application to the
					 department citing the applicant's qualifications including schooling, work
					 experience or other germane background and requesting to be considered by the
					 department as an approved marine surveyor. If approved, the applicant's name
					 will be retained on the list of approved marine surveyors for a period of three
					 years unless removed for other reasons. At the end of this period the applicant
					 must re-apply for a renewal of status. If the application is not approved, the
					 applicant may request reconsideration by providing additional evidence. In
					 cases of dispute, the department's decision will be final.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-81 - Applicability of laws and rules

Current through June, 2024
Navigation within state waterways shall be in accord with
					 the state boating law, federal statutes and regulations governing vessel
					 navigation and these rules. In case of conflict the more specific and severe
					 provisions shall apply.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-82 - Vessel traffic in Honolulu Harbor

Current through June, 2024
(a)
Daytime vessel traffic in Honolulu Harbor shall be controlled by
				  signals displayed at the top of Aloha Tower consisting of an orange-colored
				  ball and an orange-colored cone. When the ball and cone are hoisted the harbor
				  is closed to all traffic; when no signal is hoisted the channel is closed to
				  vessels of over five hundred gross tons and open to cautious navigation in both
				  directions by vessels of less than five hundred gross tons; when the ball is
				  hoisted singly, the harbor is open only to inbound traffic and closed to
				  outbound traffic; when the cone is hoisted singly, the harbor is open only to
				  outbound traffic and closed to inbound traffic.
(b)
Night time vessel traffic in
				  Honolulu Harbor shall be controlled by two amber colored lights located on the
				  seaward side of Aloha Tower in a vertical position. The lower light is located
				  one hundred forty-three feet and the upper light is one hundred fifty-two feet
				  above sea level. These lights are visible between three hundred twenty degrees
				  and sixty-two degrees true from seaward and are visible for a distance of
				  approximately five miles. Lower light is fixed and upper light is flashing
				  approximately twenty-four times per minute. Night traffic will be regulated as
				  follows:
(1)
Incoming
				  traffic only, flashing light on;
(2)
Outgoing traffic only, fixed
				  light on;
(3)
Harbor closed to all traffic, both fixed light and flashing light
				  on, or no lights showing.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-83 - Movement of vessels at other state ports

Current through June, 2024
General guidelines for the movement of large vessels (six
					 hundred feet in length or more) at other state ports are as follows:
(1) Hilo - Arrival and departure on a
				  twenty-four hour basis. Two tugs to be required on arrival and departure. For
				  daylight arrival portside at Pier 1 and daylight departure from Pier 3, the use
				  of only one tug is required.
(2)
				  Kawaihae - Arrival and departure on a twenty-four hour basis. Two tugs shall be
				  required on arrival. No tug shall be required on departure when the vessel is
				  starboardside to.
(3) Kahului -
				  Arrival and departure on a twenty-four hour basis. Two tugs shall be required
				  on arrival and one tug shall be required on departure.
(4) Nawiliwili - Arrival and departure during
				  daylight only, sunrise to sunset. One tug shall be required on arrival and
				  departure.
(5) Port Allen - Arrival
				  and departure on a twenty-four hour basis. Two tugs shall be required on
				  arrival and one tug shall be required on departure.
(6) Barbers Point - The minimum number of
				  tugs for all commercial vessels entering or departing Barbers Point Harbor
				  shall be determined by consulting the applicable harbor master notice or by
				  contacting either the harbor master or the harbor agent to determine the
				  specific requirements for tug assist. The determination for minimum tug assist
				  shall be based upon the size or the type of vessel and the nature of cargo.
When the vessel is equipped with a thruster, the thruster
					 generally may be considered the equivalent of one tug.
The requirements of this section shall be considered as
					 general guidelines only.
Weather conditions, the vessel's draft and handling
					 characteristics, etc., shall be taken into consideration by the district
					 manager and the master with the safety of the vessel and port facilities of
					 prime concern in any decision to deviate from the above guidelines.
The appropriate district manager shall be consulted and
					 shall have the authority to deviate from guidelines as circumstances
					 warrant.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-84 - Vessel not to obstruct approach to wharf

Current through June, 2024
No vessel shall anchor in any fairway or any channel or so
					 as to obstruct the approach to any wharf.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-85 - Maximum speed of vessels

Current through June, 2024
All vessels over sixty-five feet shall proceed at a rate
					 of speed (except in case of emergency) commensurate with safe navigation and
					 slow enough so as not to cause damage to other vessels and property.
Vessels under sixty-five feet may proceed at a rate of
					 speed not to exceed ten nautical miles per hour.
Nothing in this section shall preclude harbor masters from
					 setting a different rate of speed to meet special conditions.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-86 - Limits on towing

Current through June, 2024
All tows of barges within the entrance buoys of state
					 harbors shall be limited to two barges.
Hawsers shall be limited in length in Honolulu to fifty
					 fathoms measured from the stern of one vessel to the bow of the following
					 vessel and in other Hawaiian ports, length limitation will be at the discretion
					 of the harbor master.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 3 - WATERWAYS › Section 19-42-87 - Vessel solely under power of sail

Current through June, 2024
No vessel solely under power of sail shall enter Honolulu
					 Harbor, Barbers Point Harbor or Kewalo Basin unless equipped with an auxiliary
					 engine in working order or accompanied by a power boat equipped to take it
					 under tow in case of emergency.