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 3 - COMMERCIAL ACTIVITIES › Section 13-231-67 - Limitation on commercial use permits issued for the use of state boat launching ramps

Current through June, 2024
(a) State boat
					 launching ramps were constructed for the primary purpose of providing access to
					 the waters of the State for trailered boats. Therefore, commercial use permits
					 issued for the use of state boat launching facilities shall be restricted to
					 boats that are regularly launched and recovered from boat launching ramps and
					 used in the course of doing business. A commercial use permit shall be required
					 for any trailered vessel which is rented off-site, but launches or recovers
					 from a state boat launching facility. The owner of a trailered vessel shall be
					 required to obtain a commercial use permit and comply with ail other rules of
					 the department governing commercial vessel activities. Notwithstanding the
					 limitation of the number of commercial use permits which may be issued for
					 launching ramps in subsections (d) (1) through (d) (23) below, the owner may
					 apply for and may be issued a commercial use permit for the number of vessels
					 owned and registered in furtherance of its commercial use by the business on
					 the 1994 effective date of these rules. Vessels registered to boat dealers and
					 manufacturers and used for the purpose of conducting sea trials and instruction
					 of prospective owners shall be exempt from commercial use permit
					 requirements.
(b) No commercial use
					 permits for the use of state boat launching ramps shall be issued for the
					 purpose of embarking or disembarking passengers by small craft or lighter from
					 a vessel moored offshore.
(c) A
					 commercial use permit issued for the use of a state boat launching ramp shall
					 also be valid for all other state boat ramps on the same island at which
					 commercial activities are permitted except those listed in subsection (d);
					 provided that the permittee shall indicate which launching ramp is expected to
					 be the location of primary use and the fees derived from three percent of gross
					 revenues shall be paid to that account. No commercial use permit shall be
					 issued for a launching ramp located on an island other than the place of
					 business of the permittee.
(d) The
					 maximum number of commercial use permits which may be issued for the use of the
					 following launching ramps are:
(1)
Ala Wai
- 3
(2)
Keehi
- 3
(3)
Heeia Kea
as provided for in section 13-256-73.1
(4)
Maunalua Bay
- 5
(5)
Mala
- 15
(6)
Kihei
- 15
(7)
Manele
- 3
(8)
Kaunakakai
- 5
(9)
Kukuiula
- 6
(10
Lahaina
- none
(11)
Maalaea
- none
(12)
Kikiaola
- 10
(13)
Nawiliwili
- 5
(14)
Port Allen
- 9
(15)
Waikaea
- 5
(16)
Honokohau
- 35
(17)
Kawaihae (N)
- 5
(18)
Kawaihae (S)
- 10
(19)
Puako
- 4
(20)
Pohoiki
- 4
(21)
Wailoa
- 10
(22)
Kailua Pier
- 6
(23)
Keauhou
- 11
(24)
All others
- no limit.
(e) The maximum number of commercial use
					 permits that may be issued for the use of any launch ramp is two (2) per
					 business entity or sole proprietor registered to do business in the state.
					 Notwithstanding this section, all owners of commercial use permits on the
					 effective date of these rules may continue operations and be permitted to apply
					 for and renew their commercial use permits subject to compliance with all other
					 conditions set forth in this chapter until their total number is reduced by
					 attrition or other means to the numbers in subsection (d)."