Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF › Section 15-211-3 - Definitions; small craft

Current through June, 2024
The following definitions pertain particularly to small
				  craft operating within Kewalo Basin governed under this chapter
				  211 and chapters 212, 213 and 214.
				  When used in this chapter
				  211 and chapters 212, 213 and 214,
				  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 in designated berth(s) within Kewalo Basin;
"Application" means a request for a berth assignment at
				  Kewalo Basin for a particular small craft;
"Assigned berth" means a berth that is assigned to a
				  permittee by a valid regular mooring permit;
"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 permittee or the person from
				  whom the vessel is chartered;
"Certificated vessel" means a vessel inspected by the United
				  States Coast Guard and certified safe to carry seven or more passengers;
"Charter boat" means a small craft 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 HCDA as described in section
				  15-212-44(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 per cent 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 HCDA shall
				  also be presented satisfactory proof of the vessel's certification by the
				  United States 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;
"Commercial vessel" means charter boat, commercial fishing
				  boat, commercial fishing vessel or cruise boat;
"Cruise boat" means any vessel not designed for open ocean
				  transit engaged in the business of carrying passengers on tours for gain or
				  compensation;
"Fees and charges" means those dues which are assessed by
				  the HCDA for the use of its facilities within Kewalo Basin, such as dockage,
				  moorings and the furnishing of services, such as electricity, water, parking,
				  and other related services;
"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 vessel as a
				  dwelling, abode, place of habitation, living quarters, or residence;
"Mooring fee" means the charge assessed against the owner of
				  a small craft for the use of an assigned mooring at Kewalo Basin;
"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;
"Pleasure craft" means any vessel not utilized in any
				  business for gain or compensation, but primarily for personal purposes;
"Regular permittee" means a person holding a valid regular
				  mooring permit;
"Revocable permit" means the document issued and approved by
				  the HCDA and executed by the boat owner in which the owner agrees to use an
				  assigned berth in a particular manner within Kewalo Basin and agrees to abide
				  by established rules and laws;
"Small craft" means and includes any 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 of fish and commercial fishing
				  vessels engaged in fishing in waters of the State. It does not include tugs or
				  tow boats, nor does it include watercraft whose sole or principal use is for
				  purposes of habitation;
"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; and
"Vessel loading zone" means a portion of a harbor facility
				  reserved for the exclusive use of small craft during fueling, loading, or
				  unloading.