Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 2 - SMALL CRAFT AND SMALLER COMMERCIAL VESSELS › Section 19-42-49 - Absence of vessel for more than fourteen days; effect on the permits

Current through June, 2024
A regular mooring permit and related use permits issued to
					 a vessel shall automatically expire if the vessel is absent from its assigned
					 berth for more than fourteen days, unless the permittee who wishes to retain
					 the permit submits an application prior to departure on a form furnished by the
					 department enumerating the permit the permittee wishes to reserve during the
					 permittee's absence.
The permittee shall present an estimated period of
					 absence, which may not exceed eight months and shall continue to pay on the due
					 date or by pre-payment all applicable fees and charges for the permit during
					 the absence.
During such absence, the department may issue a temporary
					 use permit for the use of the berthing space by another vessel and charge
					 mooring fees to the temporary permittee at the rate prescribed in these rules.
					 The permittee is responsible for renewing the use permit if it should expire
					 during the period of the permittee's vessel's absence.
If the assigned vessel does not return within thirty days
					 after the estimated return date or within eight months, whichever is less, all
					 use permits shall automatically expire unless the permittee applies to the
					 department, prior to the expiration of the permit for an extension and the
					 extension is approved by the department.
An application for extension will not be granted if the
					 vessel's absence would exceed eight months unless the permittee presents
					 conclusive evidence to the department that due to a boating accident, casualty,
					 hull or equipment failure,
weather, sea or related environmental conditions involving
					 the vessel or similar unforeseen occurrences, the granting of additional time
					 is reasonable and essential to prevent undue hardship.
However, no absence may exceed one year for any
					 reason.
The department retains the right to (1) deny the
					 application to retain the berth; or deny the reissuance of or to revoke any use
					 permit for failure to comply with any section of these rules; or (2) reassign a
					 vessel to another berth in order to provide for more efficient use of
					 facilities in the reasonable discretion of the department or when a berth is
					 unusable, eliminated or in need of repairs.
A temporary mooring permit and related use permits issued
					 for a vessel shall automatically expire if the vessel is absent from its
					 assigned berth for more than fourteen days without authorization.
If a vessel is unable to return to the harbor within
					 fourteen days as planned due to wind, sea or related environmental conditions,
					 delays in completing repairs or refurbishing or other unforeseen occurrences
					 the permittee may apply to the department by letter, telephone or any other
					 means of communication and be permitted to retain the permits upon the
					 permittee's return.