reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 1 - SCOPE AND DEFINITIONS › Section 13-230-9 to 13-230-19 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-20 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide a procedure
						whereby a determination of residence status shall be made for all persons who
						own a vessel moored in a state small boat harbor or who apply for such moorage
						to assure that they are assessed the proper fees and charges as established by
						these rules; to provide an appeals mechanism for those persons who believe
						their residency classification is in error; and to provide sanctions for
						misrepresentation by a petitioner.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-21

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-22 - Twelve-month rule

Current through June, 2024
(a) Status as a Hawaii resident must be
					 acquired, and not subsequently lost at least twelve months prior to the
					 residence determination date to avoid payment of the nonresidence fee
					 differential prescribed in section
					 200-34, Hawaii Revised Statutes.
					 This twelve-month rule also applies to the person whose residency is determined
					 by the fact of residency of another.
(b) While residency shall be lost if it is
					 interrupted during the twelve months immediately preceding the residence
					 determination date, resident status derived from two or more successive periods
					 of domicile in Hawaii may be joined together to compute the twelve-month
					 period.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-23 - Indications of residence

Current through June, 2024
Because determination of residence in Hawaii requires a
						finding of subjective fact (intent to make a permanent home) as well as of
						objective fact (and physical presence), the following objective indications of
						a person's intent will be considered when determining the person's status. No
						single index is decisive.
(1) Primary
					 indications.
(A) Voter registration in
					 Hawaii.
(B) Voting in
					 Hawaii.
(C) Possession and use of
					 Hawaii motor vehicle license plates.
(D) Payment of Hawaii personal income
					 tax.
(E) Presence of spouse,
					 children, and other close relatives in Hawaii.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-24 - Rules of construction

Current through June, 2024
The following rules of construction shall be applied in
						all cases:
(1) Residence in Hawaii and
					 residence in another place cannot be held simultaneously.
(2) Presence in Hawaii primarily to attend an
					 institution of higher learning does not create resident status.
(3) Resident status, once acquired, will be
					 lost by future voluntary actions of the resident inconsistent with such status;
					 provided that Hawaii residence will not be lost solely because of absence from
					 the State while employed in the service of the United States, while engaged in
					 navigation, or while a student at any institution of learning.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-26 - Determination of residence procedure

Current through June, 2024
(a) These rules
					 establish a fee structure in which nonstate residents in specified instances
					 shall pay an application and permit fee differential. Therefore, any person
					 seeking to be classified as a Hawaii resident for fee purposes shall, at the
					 time of application for or prior to being issued a permit, complete and submit
					 to the department a questionnaire provided by the department designed to elicit
					 facts which will aid the department in determining the applicant's resident,
					 nonresident, or Armed Forces status. The applicant shall answer all pertinent
					 questions and shall attest to the truth of the answers with the applicant's
					 signature. The department may also require the applicant to produce certified
					 copies of documents or other relevant proof as may be necessary for the
					 determination of residency status.
(b) A nonresident who believes that the
					 nonresident's residency status has changed so that the nonresident has achieved
					 Hawaii residency status may seek reclassification as a resident by submitting a
					 completed questionnaire as prescribed in subsection (a) on or following the
					 date the nonresident believes that the change in residency status
					 occurred.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-27 - Permittee required to report change of residence

Current through June, 2024
A resident permittee who subsequently takes up residence
						outside of the State and continues to moor the permittee's vessel in a state
						small boat harbor shall advise the department in writing within seven days of
						the permittee's change of residence. In such a case, nonresident fees and
						charges shall be payable following the change of residence. A permittee who
						intends to assume residence outside of the State or relocate to another island
						yet retain a permitted vessel and assigned mooring shall cause all applicable
						harbor use permits to be revised to identify the individual that agrees to
						assume the vessel owner's obligations under the use permit and these rules
						during the period of the permittee's absence. This individual shall reside on
						the same island that the vessel is moored.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-28 - Appeals

Current through June, 2024
(a) Classification as a nonresident by the
					 department may be appealed by the aggrieved person by filing a petition for a
					 declaratory ruling in accordance with section
					 13-1-27.
(b) No petition for appeal shall be accepted
					 by the department unless:
(1) The petitioner
					 has paid the nonresident fees and fees and charges and filing fee for residency
					 status appeal.
(2) The petitioner
					 has submitted with the petition documentary evidence tending to establish that
					 the petitioner has, for a period of twelve months prior to the residency
					 determination date, been physically present in the State of Hawaii with the
					 intent to make Hawaii the petitioner's home. The documentary evidence to be
					 furnished shall support the claim of residency by establishing acceptable
					 indicia of residency as provided under section
					 13-230-23.
(3) The petition is filed with the department
					 within thirty days following receipt by certified mail, return receipt
					 requested, or personal delivery, as the case may be, of the department's
					 determination of the petitioner's nonresident status.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-29 - Misrepresentation; penalty for violation

Current through June, 2024
It is a violation of these rules for any person to
						misrepresent any fact upon any form or document intended for or used in
						determination of resident status for fees and charges purposes or for any
						person to misrepresent any fact at an appellant hearing
						hereunder.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-1 - General statement and restrictions on mooring dormant vessels

Current through June, 2024
(a) Berths in state small boat harbors and
					 offshore mooring areas shall be used to accommodate recreational and commercial
					 boats used for water transportation or fishing.
(b) Occupancy of berths at any small boat
					 harbor or offshore mooring area shall be limited to vessels actively used as a
					 means of transportation on water.
(c) The use permit for any vessel determined
					 to be dormant by the department shall be terminated upon a show cause order.
					 The show cause order may be issued by the department and shall contain the
					 basis for the department's determination that the vessel is dormant. The show
					 cause order shall be delivered to the owner as set forth in section 13-231-6.
					 The owner shall have five working days after notification as provided in
					 section 13-231-6 to inform the department of the owner's plan to resolve and
					 correct the deficiencies noted in the show cause order. Failure to respond or
					 Failure to execute an approved plan in a timely manner shall result in the
					 termination of the use permit. The department reserves the right to impound,
					 remove and dispose of a vessel in accordance with chapter
					 200, Hawaii Revised Statutes, and
					 these rules.
(d) The department
					 reserves the right to restrict the use of state facilities to those who are in
					 compliance with all state and federal laws and rules and make full and timely
					 payment of their fees and charges. Failure to comply with this section shall be
					 cause for termination of any use permit and for refusal or withholding the
					 granting of any future use permit requests.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-2 - Agreement for the use of small boat harbor property, facilities and offshore mooring areas

Current through June, 2024
(a) Before any
					 property or facility at a small boat harbor or offshore mooring area is
					 utilized by any vessel, its owner shall comply with the following:
(1) Execute an agreement as set forth in
					 Exhibit "A", CONTENTS DESCRIPTION OF THE AGREEMENT OF BOATOWNER PURSUANT TO
					 SECTION 13-231-2 OF THE SMALL BOAT HARBORS REGULATIONS, INCLUDING OFFSHORE
					 MOORING dated July 2012, located at the end of this chapter; and incorporated
					 herein;
(2) Obtain the approval of
					 the department as evidenced by the chairperson's or the chairperson's
					 representative's signature on the agreement; and
(3) Be in compliance with all state and
					 federal laws and rules of the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-3 - Use permits; issuance

Current through June, 2024
(a) The department
					 may issue the following types of use permits:
(1) Mooring permit. A use permit which
					 authorizes the docking, mooring, or anchoring of a vessel at a small boat
					 harbor or offshore mooring area.
(A) Regular
					 mooring permit. A use permit which authorizes the permittee to moor a vessel in
					 a state small boat harbor or at an offshore mooring area for a period not to
					 exceed one year from the date of issuance.
(B) Temporary mooring permit. A nonrenewable
					 use permit which authorizes the permittee to moor a vessel in a state small
					 boat harbor or at an offshore mooring area for a period of thirty days or less
					 from the date of issuance.
(C) All
					 applicants for a mooring permit shall provide documentation of the applicant's
					 ownership structure, including the ownership structure of any entity that would
					 own or control, directly or indirectly, the mooring permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-4 - Use permits; part-time or intermittent occupancy

Current through June, 2024
(a) No use
					 permit for docking, mooring, or anchoring a vessel at a small boat harbor or at
					 an offshore mooring area shall be issued to any person who has been issued a
					 use permit to moor the same vessel at any other small boat harbor, offshore
					 mooring, private marina or yacht club in the State. A &#9632; temporary
					 mooring permit may be issued to authorize temporary mooring in any small boat
					 harbor or offshore mooring area.
(b) Temporary mooring of a vessel within the
					 same small boat harbor or offshore mooring area shall not exceed a cumulative
					 period of more than one hundred and twenty days in the same calendar year per
					 vessel, except as provided in section 13-256-73.11 for commercial vessels
					 authorized for use at Heeia Kea small boat harbor. Temporary mooring permits
					 shall be issued in accordance with section 13-231-85.
(c) Notwithstanding the provisions of
					 subsection (a), the department may issue additional offshore mooring permits to
					 owners of vessels holding a valid commercial use permit issued pursuant to
					 section 13231-59.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-5 - Period of validity and renewal of various types of use permits

Current through June, 2024
(a) The department may issue or reissue a use
					 permit of all types, including but not limited to commercial use permits,
					 catamaran registration certificates, and mooring permits, for any period up to,
					 but not exceeding one year. Upon expiration of the period stated therein, the
					 use permit and all rights of the permittee thereunder shall automatically
					 terminate. No type of use permit shall be renewed unless all the conditions or
					 covenants of the original issuance, including the requirement of prompt monthly
					 payment of charges in advance, have been met and the rules governing small boat
					 harbors and navigable waters managed of the department of land and natural
					 resources have been fully complied with.
(b) If a permittee fails to renew a use
					 permit on or before the date on which it expires, that person may be granted a
					 thirty (30) calendar day period to reinstate the regular mooring permit as long
					 as all the conditions or covenants of the original issuance, including the
					 requirement of prompt monthly payment of charges in advance, have been met and
					 the rules governing small boat harbors of the department of land and natural
					 resources have been fully complied with. The person shall pay a one-time
					 penalty fee of $250.00 as well as all other applicable fees. Impoundment of the
					 vessel shall be stayed only until the grace period has expired.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-6 - Revocation of use permit

Current through June, 2024
(a) If after notice
					 and lapse of a reasonable period of time set by the department, the permittee
					 fails to remedy any breach of the duties, covenants or conditions of the use
					 permit or to desist from violating or permitting violation of these rules, the
					 department may revoke the permittee's use permit.
(b) In addition to subsection (a), the
					 department may revoke a use permit for a deliberate misstatement or wilful
					 failure to disclose any material fact in an application for a vessel number,
					 documentation, registration of a vessel, or any of the use permits specified in
					 section
					 13-231-3.
(c) A permittee's failure to pay all fees
					 owed to the department within thirty days of the date payment is due shall
					 result in suspension of the right to conduct business under the commercial use
					 permit or catamaran registration certificate until all past due fees are paid
					 in full. Each and every notification of default shall be sent by certified
					 mail, return receipt requested to the last address of record of the permittee
					 on record with the division of boating and ocean recreation. Any delinquency
					 beyond the due date, even within the thirty days, may cause the commercial use
					 permit or catamaran registration certificate to be revoked.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-7 - Assignment and reassignment of moorings and vessel storage space

Current through June, 2024
Holders of mooring permits may be temporarily assigned
						or reassigned to berths and spaces within the same small boat harbor, if
						possible, to accommodate small boat harbor repairs, improvements, maintenance,
						construction, emergencies, or when necessary during a special event.
						Reassignments may also be made within the same harbor if a vessel's size in
						relationship to the size of the assigned berth does not permit maximum and
						efficient public utilization of small boat harbor facilities or if a
						reassignment will in any other manner permit maximum and efficient public
						utilization of small boat harbor facilities.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-8 - Inspections

Current through June, 2024
All vessels located in or upon the waters of a small
						boat harbor or offshore mooring area shall be subject to inspection by the
						department or any peace officer of the State or its political subdivisions at
						any time when necessary and proper for the purpose of enforcing these rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-9 - Cancellation of use permit

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 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-12 - Discontinuance of services

Current through June, 2024
When necessary and proper to do so, the department may,
						after reasonable notice, discontinue any service or withdraw the use of any
						utility, property, or facility at a small boat harbor as may be reasonable
						under the circumstances.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-13 - Joint and several liability; nontransferability of use permits

Current through June, 2024
(a) All individuals and entities who have
					 signed any agreement with respect to a vessel shall be jointly and severally
					 liable for the full performance of such agreement. No use permit shall be
					 transferable, so that whenever a permittee parts with possession or transfers
					 the title to or interest in the vessel identified in the permit to another
					 person by any arrangement, the use permit shall expire except as provided
					 herein. The new possessor, transferee, or owner shall have no right to use the
					 permit.
(b) Upon written
					 application to and approval by the department:
(1) The original mooring permittee may retain
					 the mooring space under the permittee's mooring permit; provided that within
					 thirty days the permittee moves into the space another vessel owned by the
					 permittee of appropriate characteristics for occupancy of the berth or mooring
					 space and pays the appropriate fees therefor;
(2) A principal owner of a vessel may retain
					 a berth or mooring space if that owner acquires the interest of one or more
					 co-owners because a co-owner has died or moved out of the State;
(3) An owner may retain the berth or mooring
					 space if an interest in a vessel is transferred to the owner's spouse or
					 immediate family member or a reciprocal beneficiary authorized to live on board
					 under a principal habitation permit;
(4) The spouse or immediate family member, or
					 a reciprocal beneficiary authorized to live on board under a principal
					 habitation permit, of a permittee, may retain all use permits upon the death of
					 the permittee, provided that the permittee's will, trust, or a court decree
					 (the department may require a court decree if the department finds it
					 necessary) states that the spouse or immediate family member, or a reciprocal
					 beneficiary authorized to live on board under a principal habitation permit
					 shall be awarded ownership of the vessel identified in the use permit;
					 or
(5) The department may extend
					 the deadline for the permittee holder to place a new vessel in the assigned
					 berth or mooring space or in operation if conclusive evidence is presented to
					 the department that the granting of additional time for compliance is
					 reasonable and essential to prevent undue hardship, provided that any extension
					 of time necessary to place a new vessel in the berth or mooring space or in
					 operation shall not exceed one hundred twenty days from the date of sale or
					 transfer of the previously assigned vessel.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-14 - Sale of abandoned vessels or to collect delinquent fees

Current through June, 2024
In the event any vessel is abandoned at a small boat
						harbor or any owner is delinquent in the payment of any fee or charge, after
						reasonable notice, the department may institute proceedings in accordance with
						chapter
						200, Hawaii Revised Statutes, to
						secure the sale of the vessel.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-15 - Boat owner required to report change of ownership, address, and other changes

Current through June, 2024
(a) The owner of
					 any vessel moored, stored, or left in a small boat harbor or offshore mooring
					 area shall notify the department in writing within seven days if:
(1) The owner no longer has possession of the
					 vessel;
(2) All or any interest in
					 the vessel is transferred to another person or persons;
(3) The owner's address or telephone number
					 changes;
(4) The vessel is
					 chartered, leased, or rented; or
(5) There is any change of agents or their
					 telephone numbers or addresses.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-16 - Numbers or other vessel identification

Current through June, 2024
Owners of vessels required by law to be documented or
						numbered shall document or number their boats prior to obtaining a mooring
						permit. Owners of vessels not required by law or regulation to be documented or
						numbered shall, prior to obtaining a mooring permit, affix the boat's name, the
						owner's name, or the name of the vessel to which it is attached, in letters not
						smaller than three inches in height and in a color which contrasts with the
						background so as to be clearly visible for identification. Transient vessels
						are exempt from the provisions of this section.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-17 - Mooring prohibited except at assigned locations

Current through June, 2024
(a)
					 A vessel, contrivance or material shall not be moored, anchored, or stored:
(1) At a small boat harbor, offshore mooring
					 or space other than that to which it was properly assigned;
(2) Contrary to directions of proper
					 "authorities.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-18 - Vessel reconstruction

Current through June, 2024
Vessel reconstruction or major modification shall be
						accomplished only in an area designated by the small boat harbor supervisor.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-19 - Salvage

Current through June, 2024
If a vessel is moored so as to be in danger of wreckage,
						damaging other property, or sinking, the department shall, upon notice and
						after reasonable time has elapsed, not to exceed ten days, to allow the owner
						or the owner's agent to take appropriate action, take such action as the
						circumstances require to save or rescue the vessel, or prevent damage to other
						property or the obstruction of waterways; provided that an emergency, where
						life or property is endangered or the vessel may interfere with other vessels
						or with free and proper navigation of waterway unless immediate action is
						taken, remedial action may be taken by the department without prior notice.
						Appropriate fees and charges shall be assessed against the owner for such
						services.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-20 - Houseboats prohibited

Current through June, 2024
A use permit shall not be issued for any houseboat in
						any small boat harbor or designated mooring area, except in Keehi Lagoon and in
						accordance with section
						13-235-31. The department may
						consider the following in determining whether a vessel is a houseboat:
(1) Whether the vessel is actually used as a
					 dwelling or abode;
(2) If used as a
					 dwelling or abode, to what extent and in what manner;
(3) The extent to which it is actually used
					 lor any recreational boating or for fishing;
(4) Whether it is so constructed,
					 reconstructed, or designed as to be capable of being used for recreational
					 boating or fishing in the waters surrounding the small boat harbor or
					 designated mooring area in which it is moored;
(5) The frequency with which it leaves the
					 confines of the small boat harbor or designated mooring area in which it is
					 moored; and
(6) Whether it is
					 equipped with any operating means of propulsion.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-21 - Restrictions on mooring vessels utilized for living aboard at small boat harbors other than Ala Wai and Keehi small boat harbors

Current through June, 2024
(a) This
					 section is applicable in all small boat harbors, except Ala Wai and Keehi small
					 boat harbors. Further, it is not applicable to a:
(1) Vessel other than a yacht engaged in
					 carrying passengers for hire on international voyages;
(2) Vessel owned by the United States
					 Government; or
(3) Tug boat or
					 towboat.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-22 - Staying aboard transient or visiting vessels

Current through June, 2024
A stay aboard permit authorizing persons to stay aboard
						a transient or visiting vessel moored in a small boat harbor or offshore
						mooring area may be issued to the owner, master, crew, and passengers for a
						period or periods not to exceed one hundred twenty nights in a calendar year.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-23 - Interim use of berth during temporary absence of regular permittee's vessel

Current through June, 2024
(a) The department may allocate a berth
					 assigned to a regular permittee to another person, pursuant to section 13231-5
					 for interim use while the regular permittee's vessel assigned thereto is
					 temporarily absent from the berth or for a period not to exceed thirty days,
					 whichever period is shorter. A temporary mooring permit for interim use, issued
					 pursuant to this section, shall be nonrenewable.
(b) Interim use of the berth by a temporary
					 permittee, pursuant to this section, while the regular permittee's vessel
					 assigned thereto is absent, does not grant the temporary permittee any right to
					 retain the use of the berth or any other space in the small boat harbor. Upon
					 expiration of the temporary mooring permit or upon lapse of forty-eight hours
					 of notice in writing to vacate the berth prior to the return of the regular
					 permittee's vessel, whichever occurs first, the temporary permittee shall
					 immediately remove the temporary permittee's vessel from the berth and the
					 harbor if not already removed from the berth and the harbor.
(c) Failure of a temporary permittee,
					 allocated a berth for interim use pursuant to this section, to vacate the berth
					 and the small boat harbor upon expiration of the temporary mooring permit or
					 upon lapse of forty-eight hours of written notice to vacate, in order to
					 accommodate the return of the regular permittee's vessel, shall subject the
					 temporary permittee to liability for any damages incurred by the returning
					 regular permittee resulting from the temporary permittee's failure to vacate,
					 and to a fine pursuant to section
					 200-14
					 or section 20014.5, 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 out of a failure to vacate the berth and the small boat harbor
					 and from the removal of the vessel to an impounding area by the department in
					 accordance with this rule.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-24 - Interim use of berth pending occupancy by regular permittee

Current through June, 2024
(a) The department shall allocate an
					 unassigned berth to the senior applicant for a regular mooring permit as
					 expeditiously as possible pursuant to section 13-2315. It is recognized that,
					 despite efforts to expedite the process, variable periods of time will elapse
					 before the berth is assigned and the newly-assigned regular permittee actually
					 moves a vessel into the berth. Therefore the department may allocate the berth
					 to another person, pursuant to section 13-231-5 for interim use, until the
					 allocation and assignment procedures have been completed and the newly-assigned
					 regular permittee is prepared to move a vessel into the berth, or for a
					 nonrenewable period not to exceed thirty days, whichever period is
					 shorter.
(b) Interim use of a berth
					 by a temporary permittee pursuant to this section does not grant the temporary
					 permittee any right to retain the use of the berth or any other space in the
					 small boat harbor. Upon expiration of the temporary permittee's temporary
					 mooring permit or upon lapse of forty-eight hours of notice in writing to
					 vacate the berth prior to movement of the newly-assigned regular permittee's
					 vessel into the berth, whichever occurs first, the temporary permittee shall
					 immediately remove the temporary permittee's vessel from the berth and the
					 small boat harbor if not already removed from the berth and harbor.
(c) Failure of a temporary permittee,
					 allocated a berth for interim use pursuant to this section, to vacate the berth
					 and the small boat harbor upon expiration of the temporary mooring permit or
					 receipt of a forty-eight hours notice to vacate, in order to accommodate the
					 regular permittee's vessel, shall subject the temporary permittee to liability
					 for any damages incurred by the regular permittee resulting from the temporary
					 permittee's failure to vacate, and to a fine and other penalties pursuant to
					 Sections
					 200-14
					 and
					 200-14.5,
					 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
					 out of a failure to vacate the berth and the small boat harbor and from the
					 removal of the vessel to an impounding area by the department in accordance
					 with this rule.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-25 - Exchange of berths

Current through June, 2024
A permittee holding a regular mooring permit to moor in
						a small boat harbor may, upon approval by the department, exchange the
						permittee's berth with another permittee holding a regular mooring permit to
						moor in the same small boat harbor if:
(1) The vessels are suitable for the berths
					 as determined by the factors enumerated in section 13-231-5;
(2) There is mutual agreement between the
					 permittees; and
(3) The berths to
					 be exchanged are of the same characteristics, (e.g. category, length, size,
					 configuration).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-26 - Use of a vessel as a place of principal habitation

Current through June, 2024
(a)
					 A vessel owner who holds a valid regular mooring permit issued by the
					 department authorizing the owner to moor the owner's vessel in Ala Wai or Keehi
					 small boat harbors may use that vessel as a place of principal habitation if
					 the owner has applied for and secured a principal habitation permit issued by
					 the department in accordance with these rules, provided that the owner and the
					 vessel meet the requirements set forth in these rules.
(b) A permit authorizing the use of a vessel
					 as a place of principal habitation shall not be issued if the vessel is owned
					 by a corporation.
(c) No person
					 shall be issued a permit authorizing the use of any vessel as a place of
					 principal habitation while the vessel is moored at the following locations in
					 Ala Wai small boat harbor:
(1) Berths 23
					 through 79;
(2) The area leased to
					 the Waikiki Yacht Club;
(3) The
					 area leased as a marine fueling facility; and
(4) A haul-out facility.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-28 - Staying aboard vessels moored at Ala Wai or Keehi small boat harbor

Current through June, 2024
(a) Staying aboard a vessel moored at Ala Wai
					 or Keehi small boat harbor is prohibited except that:
(1) Owners holding a valid regular mooring
					 permit, the spouse or reciprocal beneficiary of each, their legal dependents,
					 and their nonpaying guests, when in the company of the owner, may stay aboard
					 the vessel without a use permit upon written notification to the department on
					 or before the date of stay; provided that the period does not exceed any three
					 nights in a week and a total of any one hundred twenty nights in a calendar
					 year, including vessels used as a vacation site;
(2) Staying aboard a vessel in excess of any
					 three nights in a week may be permitted when done in accordance with a valid:
(A) Stay aboard permit issued pursuant to
					 section
					 13-231-22
					 (staying aboard transient or visiting vessels);
(B) Stay aboard permit issued pursuant to
					 section
					 13-231-29
					 (vessel used as a vacation site);
(C) Stay aboard permit issued to a vessel
					 owner holding a valid principal habitation permit authorizing a nonpaying bona
					 fide guest to stay aboard the vessel in the company of the owner for a period
					 not to exceed any thirty days in a calendar year.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-29 - Vessel used as a vacation site

Current through June, 2024
(a) Staying aboard
					 a vessel moored in Ala Wai or Keehi small boat harbor during a vacation is
					 authorized but limited to owners holding valid regular mooring permits
					 authorizing them to moor their vessels in the small boat harbor, the spouse or
					 reciprocal beneficiary of each, their legal dependents, and nonpaying guests
					 when accompanied by the owner, provided that:
(1) The aggregate period of the stay is not
					 more than thirty days in a calendar year;
(2) The vessel owner secures a vacation
					 permit and a stay-aboard permit for each individual vacationer;
(3) The vessel and its occupants comply with
					 the sanitation, vessel equipment, and all other requirements set forth under
					 this chapter; and
(4) The vessel
					 owner provides evidence that the owner maintains a bona fide shoreside
					 residence.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-30 - Restrictions on multiple permits

Current through June, 2024
The accumulation of more than two permits for a berth,
						mooring, or both by a co-owner, firm, corporation, trust, association,
						organization, institution, or lessee is prohibited in any one small boat
						harbor.