Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 3 - OCEAN WATERS, NAVIGABLE STREAMS AND BEACHES › Chapter 251 - COMMERCIAL ACTIVITIES ON STATE OCEAN WATERS, NAVIGABLE STREAMS, AND BEACHES › Subchapter 5 - WAIKIKI AND KAANAPALI CATAMARANS › Section 13-251-37 - Grounds for refusing an application for a registration certificate and/or commercial use permit

Current through June, 2024
(a) The department
					 shall refuse a registration certificate and/or commercial use permit, or any
					 transfer of registration certificate and/or commercial use permit, upon a
					 finding that:
(1) The application contains
					 any false or fraudulent statement, the applicant has failed to furnish required
					 information or reasonable additional information requested by the department,
					 or the applicant is not entitled to a registration certificate and/or
					 commercial use permit under this subchapter;
(2) The catamaran is unsafe to be operated
					 upon the Waikiki or Kaanapali ocean waters;
(3) The registration certificate and/or
					 commercial use permit of the catamaran stands suspended or revoked for any
					 reason as provided in this subchapter;
(4) The required fee has not been
					 paid;
(5) Any catamaran:
(A) Engaged in carrying more than six
					 passengers does not have a valid Coast Guard certificate of inspection;
					 or
(B) Engaged in carrying six or
					 less passengers does not have a record of a condition survey, by a marine
					 surveyor as defined in section 13-231-45, undertaken within ninety days prior
					 to application for registration or renewal of registration, attesting that the
					 vessel :
(i) Is in good material and
					 operating condition;
(ii) The
					 minimum required Coast Guard safety equipment is on board;
(iii) The catamaran is suitable to carry
					 passengers in Waikiki or Kaanapali ocean waters while being propelled solely by
					 sail;
(6) The
					 catamaran cannot be safely navigated in Waikiki or Kaanapali ocean waters, as
					 appropriate, while being propelled by sail only;
(7) The catamaran is equipped with auxiliary
					 mechanical propulsion machinery using a propeller but does not have a propeller
					 guard installed on the vessel or a captain or crew member designated to be a
					 look-out to ensure public safety approved by the department;
(8) The catamaran:
(A) Is more than fifty feet in length for
					 Waikiki ocean waters operation;
(B)
					 Is more than sixty-five feet in length for Kaanapali ocean waters operation;
					 or
(C) Has a passenger capacity of
					 more than forty-nine passengers;
(9) The applicant for a catamaran
					 registration certificate and/or commercial use permit holds a valid
					 registration certificate and/or commercial use permit issued by the department
					 in accordance with this subchapter for another catamaran authorized to be used
					 on Waikiki or Kaanapali ocean waters as applicable;
(10) The owner has not furnished proof of
					 financial responsibility as prescribed in this subchapter;
(11) The owner of a catamaran holds a valid
					 registration certificate and/or commercial use permit issued by the department
					 in accordance with this subchapter for another catamaran authorized to be used
					 on Waikiki or Kaanapali ocean waters, as applicable; or
(12) Any other grounds provided by this
					 subchapter warrants refusal of the registration certificate and/or commercial
					 use permit or transfer of registration and/or commercial use permit.