Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 41 - RULES RELATING TO GENERAL PROVISION › Part 1 - COMMERCIAL HARBORS AND TARIFF › Section 19-41-3 - Definitions; small craft and smaller commercial vessels

Current through June, 2024
In addition to the general definitions set forth in
					 section 19-41-2, the following definitions
					 pertain particularly to small craft and smaller commercial vessels operating
					 within or between the state harbors governed under this part. When used in this
					 part, unless the context clearly indicates otherwise:
"Agreement" means the written agreement by a boat owner to
					 abide by specified state-imposed conditions prior to being issued a permit to
					 moor a particular boat owned by the owner in a designated berth within a state
					 harbor.
"Application" means a request for a berth assignment at a
					 specific state harbor facility for a particular small craft or smaller
					 commercial vessel.
"Assigned berth" means a berth that is assigned to a
					 permittee by a valid regular mooring permit.
"Boat dealer" means any individual, partnership,
					 corporation, association, or other group however organized, engaged wholly or
					 partly in the business of selling or offering for sale, buying or taking in
					 small craft or smaller commercial vessels, such as small vessels, boats,
					 yachts, or sail boats, for the purpose of resale or exchange for gain or
					 compensation.
"Boat livery" means the business of holding out small
					 craft or smaller commercial vessels for rent, lease, or charter.
"Boat owner" means the legal owner of a vessel where there
					 is no security interest held by anyone on the vessel, a buyer under a purchase
					 money security interest, a debtor under any security interest, a demise
					 charterer of a vessel, or a lessee or charterer of a vessel under lease or
					 charter which provides the lessee or charterer with exclusive right to
					 possession of the vessel to the exclusion of the lessor or the person from whom
					 the vessel is chartered.
"Certificate" means the certificate of number which is
					 required of vessels registered by the department and which is displayed in
					 accordance with state boating laws and rules.
"Certificated vessel" means a vessel inspected by the U.S.
					 Coast Guard and certified safe to carry seven or more passengers.
"Charter boat" or "livery boat" means a small craft or
					 smaller commercial vessel held out for renting, leasing, or chartering
					 including demise or bare-boat charter.
"Commercial fishing boat" or "commercial fishing vessel"
					 means a vessel outfitted and utilized for fishing or for the taking of fish for
					 purposes of sale which is verified by the department as described in subsection
					 19-42-40(d) of
					 these rules as a commercial fishing boat, provided that the vessel is operated
					 in such a manner that revenues from fishing or taking of fish for purpose of
					 sale shall be the principal source of income (55 percent or greater) for the
					 vessel, the minimum level of gross receipts required of such a vessel is
					 generated, and the captain and crew of such vessel have valid commercial marine
					 licenses issued by the department of land and natural resources. The department
					 shall also be presented satisfactory proof of the vessel's certification by the
					 U. S. Coast Guard that the vessel meets the federal requirements for commercial
					 fishing industry vessels as mandated by the Commercial Fishing Industry Vessel
					 Safety Act (CFIVSA) of 1988. The Commercial Fishing Industry Vessel Safety Act
					 includes the following:
46
					 USC 5101,
					 46 USC
					 8103,
					 46 USC
					 8104,
					 46
					 USC 8304,
					 46 USC
					 8701,
					 46 USC 10601,
					 46 USC
					 11101, 33 CFR 26,
					 33 CFR
					 26.03, 33 CFR 81,
					 33 CFR
					 88.05, 33 CFR Part 95, 33 CFR 130, 33 CFR
					 151, 33 CFR 155, 33 CFR 156, 33 CFR Part 159, 33 CFR 173,
					 46 CFR Part 4,
					 46 CFR Part
					 16, 46 CFR 25, 46 CFR 25.26, 46 CFR 25.30, 46
					 CFR 26, 46 CFR Part 28 Subpart D, 46 CFR Part 28 Subpart E, 46 CFR 28.080, 46
					 CFR 28.090,
					 46 CFR
					 28.105,
					 46 CFR
					 28.110,
					 46 CFR 28.115,
					 46 CFR 28.120,
					 46 CFR
					 28.125,
					 46 CFR
					 28.130,
					 46 CFR
					 28.135,
					 46
					 CFR 28.140,
					 46 CFR 28.145,
					 46 CFR
					 28.150,
					 46 CFR
					 28.155,
					 46 CFR
					 28.160,
					 46 CFR 28.165,
					 46 CFR
					 28.205,
					 46 CFR
					 28.210,
					 46 CFR
					 28.215,
					 46 CFR
					 28.225,
					 46 CFR
					 28.230,
					 46 CFR
					 28.235,
					 46 CFR
					 28.240,
					 46 CFR
					 28.245,
					 46 CFR 28.250,
					 46 CFR
					 28.255,
					 46 CFR
					 28.260,
					 46 CFR
					 28.265,
					 46 CFR
					 28.270,
					 46 CFR
					 28.375, 46 CFR 67 - 69, 46 CFR 105, and 47
					 CFR 80.
"Cruise boat" means any vessel not designed for open ocean
					 transit engaged in the business of carrying passengers on tours for gain or
					 compensation.
"Documented vessel" means any vessel which has a valid
					 marine document issued by the Coast Guard or other authorized federal agency,
					 pursuant to appropriate federal laws and requirements.
"Fees and charges" means those dues which are assessed by
					 the department for the use of its facilities within commercial harbors, such as
					 moorings and the furnishing of services, such as electricity, water, parking,
					 and other related services.
"Houseboat" means a small craft or floating structure used
					 primarily for living aboard rather than for recreation or the landing of
					 fish.
"Kewalo Basin Annex" means those several specifically
					 designated piers in Honolulu Harbor at which commercial fishing boats, local
					 cruise boats and other craft are berthed. Kewalo Basin Annex shall be
					 considered a part of Kewalo Basin for the purpose of these rules, except that
					 where there are no applicable provisions for services or permitted activities
					 at Kewalo Basin that the provisions for such activity at Honolulu Harbor shall
					 apply.
"Legal owner" means a person who holds unencumbered title
					 to a vessel or is a secured party under a security interest in the
					 vessel.
"Living aboard" means the substantial use of a small craft
					 as a dwelling, abode, place of habitation, living quarters, or
					 residence.
"Mooring fee" means the charge assessed against the owner
					 of a small craft or smaller commercial vessel for the use of an assigned
					 mooring at a state-owned or controlled commercial harbor facility.
"Nesting" means the mooring of a vessel or vessels
					 alongside another vessel.
"Owner" means a boat owner.
"Passenger" means every person other than the master and
					 members of the crew or other persons employed on board a vessel in the business
					 of that vessel.
"Person" means any individual, firm, partnership,
					 corporation, trust, association, joint venture, organization, institution, or
					 any other legal entity.
"Regular permittee" means a person holding a valid regular
					 mooring permit.
"Seaworthy vessel" means a vessel that is in good material
					 and operating condition and is capable of sustained operations at sea.
"Small craft" includes any small vessel under sixty-five
					 feet in length, such as, yachts, boats, or any watercraft propelled by any
					 means but used for recreation, pleasure, charter, cruises, or any other
					 commercial venture, including the landing offish and commercial fishing vessels
					 engaged in fishing in waters of the State. It does not include tugs, tow boats,
					 or work boats, nor does it include watercraft whose sole or principal use is
					 for purposes of habitation.
"Temporarily assigned berth" means a berth that is
					 allocated to a permittee by a valid temporary mooring permit for interim use of
					 the facility.
"Temporary permittee" means a person holding a valid
					 temporary mooring permit for the interim use of a berth.
"Transient vessel" means and includes any vessel visiting
					 the State for a period of less than ninety days.
"Unassigned berth" means a berth that is not assigned to a
					 permittee by a valid regular mooring permit.
"Use permit" means the document issued and approved by the
					 department and executed by the boat owner in which the owner agrees to use a
					 particular vessel in a particular manner within a state harbor and agrees to
					 abide by established rules and laws.
"Vessel length overall" means the distance between the
					 fore-and-aft extremities of a vessel including hull platings, plankings and any
					 functional and purposeful extensions beyond the hull proper, such as bowsprit,
					 bumpkin, steering device or other extensions.
"Vessel loading zone" means a portion of a harbor facility
					 reserved for the exclusive use of small craft or smaller commercial vessels
					 during fueling, loading, or unloading.
"Work boat" means a self-propelled vessel used to provide
					 harbor services.