reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 2 - DOCKAGE › Section 19-44-26 - Vessels anchoring or mooring to buoys or dolphins in state harbors

Current through June, 2024
Vessels, other than small craft which pay mooring fees,
					 anchoring or mooring to buoys or dolphins within a state controlled harbor
					 shall be assessed at the rate of one-half the full dockage rate per day or any
					 fraction of a day.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 2 - DOCKAGE › Section 19-44-27 - Change in vessel status

Current through June, 2024
Vessels, including tugs and barges, will be allowed to
					 change their status from "Overseas" to "Inter-island or Intra-island" only once
					 a month. A vessel which brings cargo from overseas and engages in inter-island
					 or intra-island voyages will be considered for change in status only after all
					 of its overseas cargo has been delivered to a port in the State. Should the
					 vessel be granted inter-island or intra-island status but then depart for an
					 overseas destination within a month of that status change, the change will be
					 revoked and the vessel considered engaged in overseas commerce for the entire
					 period.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 3 - SMALL CRAFT AND OTHER VESSEL FEES › Section 19-44-31 - Mooring and other fees

Current through June, 2024
In lieu of dockage, undocumented small craft, documented
					 yachts and commercial fishing vessels engaged in fishing within the waters of
					 the State, when assigned or occupying berths within state commercial harbors,
					 shall pay mooring and other fees as follows:
(a) At Hilo, Kawaihae, Kahului, Nawiliwili,
				  and Port Allen Harbors when berths are assigned by way of annual mooring
				  permits:
(1) Mooring fees, per month per foot
				  of vessel's overall length shall be:
(A)
				  Alongside pier or wharf or catwalk - $5.78;
(B) Alongside dolphins only or bow/stern
				  mooring on state buoy, anchor or cable - $4.60;
(C) Alongside another vessel moored to pier
				  or wharf or bow/stern mooring on owner's buoy or anchor - $2.95.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 3 - SMALL CRAFT AND OTHER VESSEL FEES › Section 19-44-32 - Advance payment required

Current through June, 2024
As a prerequisite to the issuance of a mooring permit the
					 permittee shall make a security deposit to the State in legal tender or in some
					 other acceptable form in an amount equal to two months' fees and charges as
					 security for the faithful performance on the permittee's part of all terms and
					 conditions specified. The deposit shall be returned to the permittee without
					 interest, upon termination of the mooring permit; provided that the terms and
					 conditions have been faithfully performed to the satisfaction of the
					 department. If the permittee does not perform satisfactorily, the department
					 may declare the deposit forfeited or apply it as an offset to any amounts owed
					 by the permittee or to any damages or loss caused to the State by the breach of
					 the terms and conditions by the permittee. The permittee shall also pay the
					 permit processing fee, one month's fees and charges; provided that if the
					 effective date of the mooring permit is other than the first day of the month,
					 charges shall be properly prorated for the balance of the month and these
					 prorated charges plus an additional one month's fees and charges shall be paid.
					 All required fees and charges shall be paid in advance without notice or demand
					 on the first day of every month.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 3 - SMALL CRAFT AND OTHER VESSEL FEES › Section 19-44-33 - Fee for berth reservation for small craft absent for extended periods

Current through June, 2024
Any holder of a mooring permit who has applied, as
					 prescribed in section
					 19-42-49,
					 to retain berthing rights upon returning from an absence in excess of fourteen
					 days shall continue to pay all required fees and charges at the established
					 rates. During the absence, the department may issue a temporary mooring permit
					 for the use of the particular berthing space and charge the normal mooring fee
					 to the temporary user.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 3 - SMALL CRAFT AND OTHER VESSEL FEES › Section 19-44-34 - Mooring fees for small craft assigned temporary moorings or occupying moorings without permission

Current through June, 2024
(a) Small craft
				  assigned a berth for a period of thirty days or less shall not make the
				  security deposit required by section
				  19-44-32;
				  but in lieu thereof, they shall pay the fees prescribed in subsection (d) and
				  charges in advance.
(b) Temporary
				  mooring permits may not be renewed. However, visiting and other small craft may
				  be issued another temporary permit if space is available, and shall continue to
				  pay the fees and charges as prescribed in subsection (d) and charges in
				  advance.
(c) The mooring fees for
				  small craft assigned a berth for thirty days or less, or for a small craft
				  moored in a harbor for any period without permission or contrary to directions
				  of the department in violation of section
				  19-42-1
				  shall be as prescribed in subsection (d).
(d) Fees for small craft assigned temporary
				  moorings or occupying moorings without permission shall be as follows:
Length of vessel overall in feet
From
But
Less
Than
Charge Per 24-hour Day or portion thereof when
								moored with permission
Charge Per 24-hour Day or portion thereof when
								moored without permission
0
40
$ 9.24
$26.40
40
50
$10.56
$39.60
50
65
$14.52
$52.80
(e)
				  Payment and acceptance of fees chargeable to small craft moored without
				  permission or in violation of section
				  19-42-1
				  shall not be construed as a waiver of any violation of these rules.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 3 - SMALL CRAFT AND OTHER VESSEL FEES › Section 19-44-35 - Excessive water usage service charge

Current through June, 2024
An excessive water usage service charge of $103.13 per day
					 for each day or fraction of a day shall be charged for waste of fresh water,
					 through the use of water for the prolonged operation of ejectors to pump water
					 out of vessels or permitting hoses to run unattended.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 3 - SMALL CRAFT AND OTHER VESSEL FEES › Section 19-44-36 - Fees for use of facilities for private gain

Current through June, 2024
(a) The charges per
				  vessel per month for utilizing state commercial harbor property or facilities
				  for private gain other than solely for the taking of fish as a principal source
				  of livelihood, unless under a lease arrangement, shall be as follows:
(1) Cruise boats possessing a valid mooring
				  permit shall be assessed:
(A) two times the
				  appropriate mooring fee indicated in section
				  19-44-31;
				  or
(B) two times the appropriate
				  dockage rate indicated in section
				  19-44-20
				  (depending on the length of vessel); or
(C) two per cent of the vessel's monthly
				  gross receipts, whichever is greatest.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 3 - SMALL CRAFT AND OTHER VESSEL FEES › Section 19-44-37 - Annual fees for applications

Current through June, 2024
The following annual-fees shall be assessed:
(1) Initial application for regular mooring
				  permit - $144.38
(2) Renewal of
				  application for regular mooring permit - $ 96.25
(3) Application for temporary mooring permit
				  -$27.50
(4) Application for
				  transfer in the future to another berth of the same characteristics in the same
				  harbor - $27.50
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 3 - SMALL CRAFT AND OTHER VESSEL FEES › Section 19-44-38 - Lease agreements

Current through June, 2024
The department may, by lease, permit or mooring agreement,
					 in accordance with state law, grant the use or possession of harbor facilities.
					 Such leases, permits or agreements shall provide for payments of rentals, fees
					 and charges in accordance with law, in lieu of and notwithstanding the
					 provisions for fees and charges specified in these rules.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 3 - SMALL CRAFT AND OTHER VESSEL FEES › Section 19-44-39 - Fee for placement on the list of approved marine surveyors

Current through June, 2024
A fee of $33.00 for a term of three years shall be
					 assessed against a person applying to be placed on the list of approved marine
					 surveyors or requesting renewal. The fee is not refundable.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 4 - RENTAL OF OFFICE AND STORAGE SPACE › Section 19-44-41 - Office space

Current through June, 2024
The department may rent available space for use as offices
					 for the convenience of agents or owners of vessels, and others, at a price
					 determined by the value of the facility. The minimum charge for office rental
					 space shall be one-half of a full month's rental. Rental of other than wharf
					 area shall be by negotiation for each case except where a rate is set by these
					 rules.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 4 - RENTAL OF OFFICE AND STORAGE SPACE › Section 19-44-42 - Storage space

Current through June, 2024
Except as provided otherwise, the rental for storage space
					 upon or near state wharves shall be per month as follows:
(1)
Honolulu:
Shed storage per square foot floor area
$0.77
Open storage on paved area per square foot
$0.50
Open storage on unpaved area per square foot
$0.39
(2)
Other ports:
Shed storage area, per square foot
$0.55
Open storage on paved area, per square foot
$0.33
Open storage on unpaved
area, per square foot
$0.22
A minimum charge of $22.00 per month shall be levied. For
					 periods of less than fifteen days the charge will be for a full fifteen days.
					 Areas to be utilized for long periods or under special conditions are to be
					 covered by leases or thirty day revocable permits,
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 4 - RENTAL OF OFFICE AND STORAGE SPACE › Section 19-44-43 - Storage of stevedoring and other equipment

Current through June, 2024
(a) Stevedoring
				  equipment of all kinds such as net slings, box slings, hand trucks, chutes,
				  pallets, etc., may, at the discretion of the harbor master, be stored on state
				  wharves. All stevedoring equipment shall be assessed storage charges at fifty
				  per cent of the rates specified in section
				  19-44-42
				  except that there shall be a minimum charge of $27.50 per month. Space for
				  continuous storage of stevedoring equipment shall be made available only if it
				  does not interfere with cargo handling. The amount of space which may be
				  devoted to storage of stevedoring equipment shall be determined by the harbor
				  master.
(b) Recoopered cargo and
				  cattle stalls shall be charged for storage space occupied at the rates
				  specified in section
				  19-44-42, effective
				  forty-eight hours after demurrage begins for the first 2500 tons or fraction
				  thereof and twenty-four hours after demurrage begins for each additional 1500
				  tons or fraction thereof.
(c)
				  Mobile equipment for handling cargo such as truck tractors, hustlers,
				  forklifts, straddle trucks, tractors, trailers, truck cranes, trucks, etc., may
				  be left idle on state property in an area designated by the harbor master;
				  provided that any mobile equipment shall be removed if the harbor master
				  determines that it interferes with cargo handling. Mobile equipment shall be
				  assessed for storage space occupied at fifty per cent of the rates set forth in
				  section
				  19-44-42
				  except that there shall be a minimum charge of $27.50 per month.
(d) Shipping devices may be stored on state
				  property as designated by the harbor master. The charges for the storage of
				  shipping devices shall be as follows:
(1)
				  Honolulu and Barbers Point:
(A) Per linear
				  foot per day for the first five calendar days - $0.13
(B) Per linear foot per day for the next five
				  calendar days - $0.28
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 4 - RENTAL OF OFFICE AND STORAGE SPACE › Section 19-44-45 - Payment and reporting of storage

Current through June, 2024
(a) The charge for
				  storage of container cargo, shipping devices, cargo in state container freight
				  stations, and loose cargo shall be paid by the vessel, agents, or owners. The
				  collection of storage charges shall be guaranteed by the vessel, agent,
				  shipper, or owner. All storage charges, except container and vehicle cargo,
				  shall be remitted to the department prior to the removal of the cargo or within
				  the period of storage requested, as deemed appropriate by the harbor master.
				  For container and vehicle cargo, the storage charges are due within fifteen
				  working days after the date of completion of approved storage period or before
				  the removal of cargo in cases where cargo goes to demurrage.
(b) Agents, owners, and shippers of container
				  cargo, shipping devices, and automobiles shall submit the storage report on
				  forms approved by the department to the harbor master or the harbor master's
				  authorized representative. Reports and payment for these kinds of cargo and
				  devices are due fifteen working days after the removal of cargo. A delinquent
				  storage report service charge of $33.00 per month for each required storage
				  report shall be assessed against any party failing to comply with these
				  reporting requirements.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 4 - RENTAL OF OFFICE AND STORAGE SPACE › Section 19-44-46 - Utilities for rentals

Current through June, 2024
Tenants shall arrange directly with utility companies for
					 water, electricity, and telephone hook-up services. For rentals where utility
					 meters are shared, a flat utility rate based on the rental permit shall be
					 assessed. The department shall charge tenants who are not assessed a utility
					 rate the cost of utility services plus a utilities surcharge of eighteen per
					 cent.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 4 - RENTAL OF OFFICE AND STORAGE SPACE › Section 19-44-47 - Charges during a state of emergency

Current through June, 2024
The department may waive or reduce payment of charges such
					 as dockage, wharfage, port entry, cargo storage, or demurrage whenever a state
					 of emergency is declared by the governor of the State and the department
					 determines that waiver of charges is consistent with the provision of
					 humanitarian relief to disaster-stricken areas of the State.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 5 - RENTAL OF PARKING STALLS › Section 19-44-51 - Rates

Current through June, 2024
(a) The charges for parking stalls at
				  commercial harbors shall be as follows:
Honolulu Harbor
Other Harbors
Piers 1 & 2 to Kapalama Stream
Sand Island and Ewa of Kapalama Stream
Reserved Parking, Covered
$157.30 per month
$121.00 per month
$90.75 per month
Reserved Parking, Uncovered
$102.85 per month
$78.65 per month
$60.50 per month
Unreserved
Parking,
Uncovered
$60.50 per month
$42.35 per month
$30.25 per month
Special
Permit
Parking
$169.40 per year
$169.40 per year
$84.70 per year
Longshoremen (Stevedores)
$84.70
per quarter
$84.70
per quarter
$84.70
per quarter
The harbor master may issue special permits to agents and
					 others who have occasional need to drive private vehicles and park on wharves
					 or other harbor property at the rate of $8.47 per day per vehicle.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 5 - RENTAL OF PARKING STALLS › Section 19-44-52 - Parking meter operating hours and rates

Current through June, 2024
Parking meters shall be in operation twenty-four hours a
					 day, seven days a week, including Saturdays, Sundays, and holidays. Parking or
					 standing a vehicle in a designated space in a parking meter zone shall be
					 lawful upon deposit of the proper coins of the United States of America as
					 indicated on the parking meter or on posted signs in the area.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 5 - RENTAL OF PARKING STALLS › Section 19-44-53 - Ground transportation

Current through June, 2024
In accordance with section
					 19-43-8,
					 the charge per fiscal year for a permit to operate a motor carrier within a
					 state harbor shall be as follows:
Honolulu Harbor and Barbers Point
Other Harbors
(1) Motor coaches capable of carrying 54 or more
								passengers
$632.50
$632.50
(2) Motor coaches capable of carrying less than 54
								passengers
$550.00
$550.00
(3) Mini busses capable of carrying a maximum of 25
								passengers
$275.00
$275.00
(4) Vans, limousines, stretchouts, station wagons,
								capable of carrying 8 to 17 passengers
$192.50
$192.50
(5) Sedans, station wagons, vans, capable of
								carrying 1 to 7 passengers
$157.30
$157.30
(6) Baggage vans for prearranged pickup/delivery
								only
$157.30
$157.30
(7) Taxicabs
$137.50
$102.30
In addition to the foregoing, applicants must demonstrate
					 the following insurance coverage:
Property Damage Liability Coverage Per
								occurrence
Bodily Liability Coverage Per occurrence
(1) Vehicles capable of carrying
								1-7
								passengers
$25,000
$300,000
(2) Vehicles capable of carrying
								8-17
								passengers
$50,000
$500,000
(3) Vehicles capable of carrying more than 17
								passengers
$75,000
$750,000
Taxicab permits shall be placed on the top left side of the
					 dashboard of the vehicle in use and are transferable between vehicles owned by
					 the holder of the permit and covered under an insurance policy recorded with
					 the department. All other permits shall be placed on the right hand side of the
					 rear bumper or as near thereto as the configuration of the vehicle
					 allows.
When an original vehicle for which a permit was issued is
					 taken out of service before the annual expiration date of the permit, a
					 replacement vehicle may utilize the remaining time on the original permit,
					 provided that the original permit is returned or there is sufficient evidence
					 of it being destroyed or removed so as not to be reusable, there is proof of
					 insurance coverage, and a permit renewal fee of $27.50 is paid for a
					 replacement sticker for the remaining time on the permit. No permit shall be
					 issued for a period longer than one year at a time.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 5 - RENTAL OF PARKING STALLS › Section 19-44-54 - Charges for enclosure or obstruction of parking meter stalls incidental to construction

Current through June, 2024
(a) Before any
				  person, other than any authorized governmental official shall enclose,
				  obstruct, or cause to be enclosed or obstructed any parking stall or portion
				  thereof, incidental to erecting, constructing, enlarging, altering, repairing,
				  moving, improving, removing, converting or demolishing any building or
				  structure, or for any other reasons, a permit shall be obtained from the
				  department and the department shall be paid a sum calculated at the rate of
				  $9.63 for each such parking meter stall for each day or fraction of a day,
				  during which each stall shall be enclosed or obstructed.
(b) No permit to enclose or obstruct a
				  parking stall shall be issued to any person until the person shall have made a
				  deposit of the sum as required by subsection (a) based on the estimated number
				  of days during which the parking stall shall be so enclosed or obstructed. The
				  person shall notify the department immediately upon termination of the
				  enclosure or obstruction.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-61 - Wharfage payment; guarantee; report

Current through June, 2024
(a) The charge for
				  wharfage is due to be paid by the owners of cargo but the collection of the
				  wharfage shall be guaranteed by the vessel, its master, operator, charterer,
				  agents, or owners. Use of a state wharf by a vessel, its master, operator,
				  charterer, agents, or owners for the loading or unloading of cargo shall be
				  deemed an acceptance and acknowledgment of this guarantee.
(b) Not later than forty-five days after date
				  of completion of handling cargo over state wharves, the master, operator,
				  charterer, agents or owners of a vessel, depending upon who arranged for
				  berthing and services, shall submit to the appropriate district manager an
				  original and one copy of a report for each port visited, on the form provided
				  by the department, furnishing the information required thereon which includes
				  the amount and type of cargo loaded and discharged, the number of units, the
				  applicable rate, and the wharfage charges due per commodity as listed. The
				  total wharfage charges due shall be remitted along with the report.
(c) An alternative reporting method to
				  section 19-44-61(b) for companies involved predominantly in the business of
				  transporting inter-island cargo or intra-island cargo may be a monthly wharfage
				  report, provided that an annual certification based on the company's accounting
				  year is submitted to the department from an independent public accounting firm
				  attesting that the company correctly reported all voyages and wharfage fees due
				  on cargo. Use of this alternative reporting method shall be subject to the
				  prior written approval of the department, and shall be effective for the next
				  fiscal year. The report must be in a format pre-approved by the department and
				  include data from all voyages for which the date of completion of handling
				  cargo occurs within the report month. The monthly wharfage report is due
				  fifteen days after the last day of the month being reported. The total wharfage
				  charges due shall be remitted along with the report.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-62 - Manifests available for inspection

Current through June, 2024
All cargo and freight manifests shall be available for
					 inspection by harbor masters or other officials of the department upon request.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-63 - Wharfage computation

Current through June, 2024
(a) Wharfage
				  charges include all applicable fees and surcharges, including any facilities
				  security charges, as set forth in section
				  19-44-66 and
				  subject to incremental increases as set forth in section
				  19-44-73.
				  In the computation of wharfage, the term "ton" shall be applied, either by
				  weight or volume as used by the respective carrier for its computation of
				  freight charges (i.e., as freighted) computed to the nearest ton when minimum
				  package rates do not apply. When freight charges are based upon other than
				  weight or volume, such as in the case of contract haul, or if there are no
				  indicated freight charges, tonnage shall be computed by either weight or
				  volume, whichever yields the greater wharfage revenue to the State.
(b) When a vessel unloads cargo at a wharf
				  for emergency purposes and reloads the cargo thereafter at the same wharf,
				  wharfage shall be charged only for the unloading of the cargo and no wharfage
				  shall be assessed for its reloading.
(c) Computation of wharfage for cargo
				  contained in a container other than a shipping device shall include the weight,
				  volume, or measurement of the container. Wharfage on an empty container shall
				  be assessed as provided in this subchapter.
(d) Computation of wharfage for a unit load
				  shall be on the basis of the overall length of the shipping device or its cargo
				  whichever is greater, per linear foot, without regard to contents, except for
				  passenger autos or explosives. When the entire unit load does not conform to
				  the specified dimensions and weight, wharfage shall be assessed on the contents
				  of a shipping device or overall length of unit load, whichever produces the
				  greater revenue to the department.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-64 - Waiver of wharfage

Current through June, 2024
No wharfage shall be chargeable against the
					 following:
(1) Vessel's stores and
				  supplies, not including fuel, intended for a vessel's and its crew's own
				  consumption and use;
(2) Dunnage
				  and stevedoring equipment of all kinds when used for the purpose of stowing,
				  loading of discharging vessel cargo, including non-revenue generating company
				  business but excluding such equipment when it is revenue-generating
				  cargo;
(3) Cargo which has gone
				  astray or cargo which for operational reasons a vessel must discharge and
				  reload in order to load or discharge cargo originating at, or destined for, the
				  wharf at which a vessel is docked; provided that the cargo is restowed on the
				  same voyage of the vessel and the vessel has not left the pier;
(4) Trailer chassis meeting the criteria of a
				  shipping device, when carrying cargo;
(5) Fish, fresh or frozen, including
				  shellfish from all U.S. vessels, except that which is being transported between
				  ports as cargo; or
(6) Any other
				  item at the discretion of the department.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-65 - Transshipment of cargo

Current through June, 2024
(a) Incoming
				  domestic overseas or foreign overseas cargo destined for other overseas ports
				  on a through bill of lading that are discharged on state wharves for
				  transshipment shall be subject to:
(1) 50% of
				  the prevailing incoming overseas wharfage charges; and
(2) 50% of the prevailing outgoing overseas
				  wharfage charges.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-66 - Wharfage rates

Current through June, 2024
Wharfage rates in dollars per unit shall be assessed as
					 set forth in the exhibit, dated July 1, 2018, entitled "WHARFAGE RATES (July 1,
					 2018)", located at the end of this chapter; the exhibit as it may be amended,
					 is incorporated herein, and is hereby made a part of this section. When new
					 wharfage rates are set at a future date by rule amendment, an updated exhibit
					 will be incorporated to supersede the exhibit dated July 1, 2018. Incremental
					 increases shall be assessed as set forth in section
					 19-44-73."
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-68 - Cement in bulk and liquids passing through pipelines; rates

Current through June, 2024
The wharfage rates on cement in bulk and liquids passing
					 through pipelines which are located on state property for both state pipelines
					 and for private pipelines, as applicable, shall be as follows as set forth in
					 the exhibit, dated February 1, 2017, entitled "WHARFAGE RATES FOR PIPELINES AND
					 FUEL DELIVERY (February 1, 2017)", located at the end of this chapter; the
					 exhibit is incorporated herein and is hereby made a part of this section. When
					 new wharfage rates for pipelines are set at a future date by rule amendment, an
					 updated exhibit will be incorporated to supersede the exhibit dated February 1,
					 2017.
Incremental increases shall be assessed as set forth in
					 section
					 19-44-73.
Charges for water as set forth in this section are pipeline
					 tolls only and do not include the cost of water which varies from county to
					 county.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-69 - Wharfage rates for fuel

Current through June, 2024
Wharfage rates for fuel for the use of the vessel to which
					 the fuel is delivered, per forty-two gallon barrel shall be as follows as set
					 forth in the exhibit, dated February 1, 2017, entitled "WHARFAGE RATES FOR
					 PIPELINES AND FUEL DELIVERY (February 1, 2017)", located at the end of this
					 chapter; the exhibit is incorporated herein and is hereby made a part of this
					 section. When new wharfage rates for fuel delivery are set at a future date by
					 rule amendment, an updated exhibit will be incorporated to supersede the
					 exhibit dated February 1, 2017. Incremental increases shall be assessed as set
					 forth in section
					 19-44-73.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-70 - Passenger fees

Current through June, 2024
(a) Any passenger vessel which uses state
				  commercial harbors property or facilities, is used for private gain, and does
				  not have a valid permit that otherwise addresses passenger fees, shall pay
				  passenger fees as set forth in the exhibit, dated July 1, 2018, entitled
				  "PASSENGER FEES (July 1, 2018)", located at the end of this chapter; the
				  exhibit as it may be amended, is incorporated herein, and is hereby made a part
				  of this section. When new passenger fees are set at a future date by rule
				  amendment, an updated exhibit will be incorporated to supersede the exhibit
				  dated July 1, 2018. Passenger vessels shall also pay dockage, port entry, and
				  any other applicable harbor use fees, except as otherwise provided.
(b) Passenger fees are charged per passenger
				  upon port entry into each state commercial harbor. Passenger fees are charges
				  on a per voyage or per itinerary basis, and will not be charged more than once
				  if a vessel uses a state commercial harbor property or facility more than once
				  on a single voyage or itinerary.
(c) Effective July 1, 2018, facility cleaning
				  costs will be covered by passenger fees and will not be separately charged to
				  passenger vessels.
(d) Each
				  passenger vessel shall file a report with the department on a form provided by
				  the department within fifteen days after the departure of the passenger vessel
				  from the last state commercial harbor used by the vessel on that voyage or
				  itinerary. All charges due shall be remitted along with the report.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 6 - WHARFAGE › Section 19-44-73 - Incremental increases to wharfage rates

Current through June, 2024
(a) Wharfage rates
				  set forth in sections
				  19-44-65(b), (c)
				  and (d),
				  19-44-66,
				  19-44-68
				  and
				  19-44-69,
				  shall increase on the following dates by the following percentages:
(1) February 1, 2017...17% increase over the
				  then prevailing rate;
(2) October
				  1, 2017...15% increase over the then prevailing rate;
(3) July 1, 2018...15% increase over the then
				  prevailing rate;
(4) July 1, 2019
				  and thereafter: Annual increases shall be 3% over the then prevailing wharfage
				  rate, or at the annual percentage increase in the Consumer Price Index (CPI),
				  whichever is greater.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 7 - FREE TIME AND PENALTY; DEMURRAGE › Section 19-44-76 - Free time computation

Current through June, 2024
Saturdays, Sundays and federal or state holidays shall be
					 excluded in the computation of free time Free time for incoming cargo shall
					 commence at 12:01 am of the day following the day in which all cargo for the
					 port is discharged from the vessel including cargo that is discharged at more
					 than one pier in the same port Free time for outgoing cargo shall commence at
					 12:01 am of the day following the day of delivery of the cargo to the state
					 harbor facility Free time for cargo unstuffed from a shipping device at a state
					 container freight station shall be computed from 12:01 am of the day following
					 the day in which all cargo has been discharged from the shipping
					 device.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 7 - FREE TIME AND PENALTY; DEMURRAGE › Section 19-44-77 - Extension of free time

Current through June, 2024
The harbor master may allow extensions of free time for
					 good cause.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 7 - FREE TIME AND PENALTY; DEMURRAGE › Section 19-44-78 - Cargo storage assignment

Current through June, 2024
The harbor master may assign storage areas for cargo,
					 charges for which will be assessed in accordance with section
					 19-44-42, when in
					 the harbor master's judgment such assignment would not adversely affect the
					 fair and efficient management of a wharf. Assignment of storage space shall not
					 be made effective prior to the date request was received. Cargo detained on a
					 state wharf because of a maritime strike affecting cargo handling or delivery
					 shall be placed in storage and free time, if any, shall resume on the first
					 working day following termination of the strike.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 7 - FREE TIME AND PENALTY; DEMURRAGE › Section 19-44-79 - Free time allowances

Current through June, 2024
Free time in calendar days shall be allowed as set forth
					 in the following schedule:
FREE TIME (CALENDAR DAYS)
INCOMING DOMESTIC OVERSEAS CARGO (From U.S.
								Ports)
INCOMING FOREIGN OVERSEAS (CUSTOMS) CARGO
INCOMING CARGO FROM PORTS
WITHIN THE STATE
OUTGOING CARGO
SHIPPING DEVICES
.
.
.
.
Loaded devices at a state container yard:
3
5
3
7
--If less than or equal to 14 devices on a single
								bill of lading
4
5
4
7
--If more than 14 devices on a single bill of
								lading
7
7
7
7
Empty devices at a state container yard
2
5
2
2
Devices NOT at a state container yard
3
5
2
-
Cargo unstuffed at a state container freight
								station
4
4
-
-
Passenger automobiles (14 measurement tons or
								less)
.
.
4
4
--Oahu
.
.
2
2
--Neighbor Islands
-
-
-
14
Transshipment cargo on a through bill of lading
								between ports of the state
-
-
-
14
Transshipment cargo on a through bill of lading to
								ports outside of the state
.
.
.
.
--Bulk cargo (i.e., coal, sand, etc.):
5
5
5
5
----First
20,000 tons
1
1
1
1
----Each
additional 5,000 tons
.
.
.
.
"
All other cargo:
3
5
3
5
"First 2,500 tons
1
1
1
1
"Each additional 1,500 tons or fraction
Note: For the purpose of computing free time, tonnage shall
					 be the aggregate amount off-loaded in the same port, even if more than one pier
					 is used.
For the purpose of computing free time for a mixed voyage
					 load of "all other cargo", the entire load shall be based on the most
					 restrictive free time (incoming domestic). Adjustments shall be made for
					 transshipments upward to a maximum as indicated above and shall also be made
					 for foreign cargo free time according to the actual tonnage of foreign cargo at
					 the foreign overseas free time.
Transshipment cargo free time for cargo destined for other
					 ports on a through bill of lading and discharged at a state wharf for
					 transshipment from the same wharf shall be limited to the outgoing time
					 allowance for transshipment cargo specified; incoming free time may not be
					 combined with outgoing transshipment free time.
Transshipment cargo free time for cargo destined for other
					 ports on a through bill of lading and discharged at a state wharf for
					 transshipment from another wharf or wharves shall be limited to the applicable
					 incoming free time specified at the first wharf and the incoming free time(s)
					 specified at the second and any other intermediate wharf or wharves preceding
					 the wharf where final transshipment occurs, and the outgoing free time
					 allowance for transshipment cargo specified at the final transshipment
					 wharf.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 7 - FREE TIME AND PENALTY; DEMURRAGE › Section 19-44-81 - Loading and unloading cargo into and out of shipping devices

Current through June, 2024
Loading and unloading cargo, other than motor vehicles,
					 into and out of shipping devices, unless emergency or other circumstances
					 require otherwise and the prior written permission is obtained from the chief
					 of the harbors division, shall be conducted only at container freight
					 stations.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 7 - FREE TIME AND PENALTY; DEMURRAGE › Section 19-44-82 - Computation of demurrage

Current through June, 2024
In the computation of demurrage, the term "ton" shall be
					 applied, either by weight, volume, or board foot measurement, in accordance
					 with carrier's terms of affreightment. Saturdays, Sundays and federal or state
					 holidays shall be included together with the normal weekdays in computing
					 demurrage. Cargo on and in trucks or other vehicles or carriers shall be
					 assessed demurrage in the same manner as cargo remaining directly on a wharf,
					 pier, or terminal area.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 7 - FREE TIME AND PENALTY; DEMURRAGE › Section 19-44-83 - Demurrage rates

Current through June, 2024
Demurrage rates shall be assessed as follows:
(1) For cargo, other than container cargo and
				  shipping devices, for which wharfage is computed on a tonnage basis, demurrage
				  rates shall be $1.23 per ton or any fraction of a ton per day for the first
				  five days, and $2.48 per ton or any fraction of a ton per day for each day
				  thereafter.
(2) For cargo, other
				  than container cargo and shipping devices, for which wharfage is not computed
				  on a tonnage basis, the demurrage rate shall be sixty per cent of the wharfage
				  rate per unit or any fraction of a unit per day for the first five days, and
				  one hundred twenty per cent of the wharfage rate per unit or any fraction of a
				  unit for each day thereafter.
(3)
				  For container cargo and shipping devices, the demurrage shall be:
(A) $0.62 per linear foot per day for the
				  first five days for shipping devices whether loaded or empty and $1.23 per
				  linear foot per day for each day thereafter which shall be applied immediately
				  at the end of the two-staged five-day storage times.
(B) $2.48 per ton or any fraction of a ton
				  per day for cargo in SCFS unloaded from or to be loaded into a shipping
				  device.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 7 - FREE TIME AND PENALTY; DEMURRAGE › Section 19-44-84 - Payment of demurrage

Current through June, 2024
The charge for demurrage for container cargo, shipping
					 devices and cargo in SCFS shall be paid by the vessel, its agents or owners.
					 The charge for demurrage on other cargo shall be paid by the owners of the
					 merchandise upon which the charge is assessed but the collection of demurrage
					 charges shall be guaranteed by the vessel, its agents or owners. All demurrage
					 due on SCFS cargo pursuant to this section shall be remitted to the department
					 prior to the close of the month during which such demurrage was collected.
					 Payment for demurrage for other types of cargo shall be made prior to removal
					 of the cargo from state property.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 7 - FREE TIME AND PENALTY; DEMURRAGE › Section 19-44-85 - Demurrage Cargo Report

Current through June, 2024
Terminal operators shall prepare "Demurrage Cargo Reports"
					 by noon of the day following expiration of free time for cargo for which they
					 are responsible and shall submit the reports to the harbor master or the harbor
					 master's authorized representative. Failure to comply with this requirement
					 will result in the department's assessing the terminal operator an initial
					 delinquent demurrage cargo report service charge of $137.50 for each instance
					 and a delinquent demurrage cargo report service charge of $33.00 per month
					 thereafter until the correct filing of the report.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 8 - PORT ENTRY FEE › Section 19-44-91 - Vessels subject to port entry fee

Current through June, 2024
All vessels shall pay a port entry fee when entering each
					 of the harbors under the jurisdiction of the department including but not
					 limited to Honolulu, Barbers Point, Hilo, Kawaihae, Kahului, Kaumalapau,
					 Kaunakakai, Nawiliwili, Port Allen, Hana, and any other harbor otherwise
					 determined to be under the jurisdiction of the department except:
(1) Government owned or operated vessels
				  paying courtesy, training or official visits, or engaged in dredging or repair
				  of harbor facilities, or as approved by the department when no cargo or
				  passengers are loaded or off-loaded;
(2) Fishing, charter fishing, pleasure boats
				  and intra-island cruise boats whose home waters are in the state;
(3) Vessels carrying passengers intra and
				  inter-island under the authority of the state public utilities
				  commission;
(4) Vessels re-entering
				  a harbor after a tidal wave alert; or
(5) Pilot boats when providing pilot
				  services.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Subchapter 8 - PORT ENTRY FEE › Section 19-44-92 - Port entry fee schedule

Current through June, 2024
Port entry fees shall be based upon overall length of
					 vessel in linear feet as set forth in the exhibit, dated July 1, 2018, entitled
					 "PORT ENTRY FEE SCHEDULE (July 1, 2018)", located at the end of this chapter;
					 the exhibit as it may be amended, is incorporated herein, and is hereby made a
					 part of this section. When new port entry rates are set at a future date by
					 rule amendment, an updated exhibit will be incorporated to supersede the
					 exhibit dated July 1, 2018.
For the purpose of computing port entry fee only, a tug and
					 one barge will be considered two vessels. Each additional barge under tow will
					 be considered an additional vessel."
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 44 - RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES › Exhibit - DOCKAGE RATES (July 1, 2018)

Current through June, 2024
State of Hawaii Department of Transportation - Harbors
				  Division Full Dockage Rate (§ 19-4-20 )
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