[§200-4]  Rules.  (a)  The chairpersonmay adopt rules necessary:

(1)  To regulate the manner in which all vessels mayenter the ocean waters and navigable streams of the State and moor, anchor, ordock at small boat harbors, launching ramps, and other boating facilities ownedor controlled by the State;

(2)  To regulate the embarking and disembarking ofpassengers at small boat harbors, launching ramps, other boating facilities,and public beaches;

(3)  For the safety of small boat harbors, launchingramps, and other boating facilities, the vessels anchored or moored therein;

(4)  For the conduct of the public using small boatharbors, launching ramps, and other boating facilities owned or controlled bythe State;

(5)  To regulate and control recreational andcommercial use of small boat harbors, launching ramps, and other boatingfacilities owned or controlled by the State and the ocean waters and navigablestreams of the State;

(6)  To prevent the discharge or throwing into smallboat harbors, launching ramps, other boating facilities, ocean waters, andnavigable streams, of rubbish, refuse, garbage, or other substances likely toaffect the quality of the water or that contribute to making the small boatharbors, launching ramps, other boating facilities, ocean waters, and streamsunsightly, unhealthful, or unclean, or that are liable to fill up, shoal, orshallow the waters in, near, or affecting small boat harbors, launching ramps,and other boating facilities and the ocean waters and navigable streams of theState, and likewise to prevent the escape of fuel or other oils or substancesinto the waters in, near, or affecting small boat harbors, launching ramps, orother boating facilities and the ocean waters and navigable streams of theState from any source point, including, but not limited to, any vessel or frompipes or storage tanks upon land.  The rules may include:

(A)  Requirements for permits and fees for:

(i)  The mooring, docking, or anchoring ofrecreational and commercial vessels or the launching of recreational orcommercial vessels at small boat harbors, launching ramps, and other boatingfacilities; or

(ii)  Other uses of these facilities;

(B)  Requirements for permits and fees for useof a vessel as a principal place of habitation while moored at a state smallboat harbor;

(C)  Requirements governing:

(i)  The transfer of any state commercial,mooring, launching, or any other type of use or other permit, directly orindirectly, including, but not limited to, the imposition or assessment of abusiness transfer fee upon transfer of ownership of vessels operatingcommercially from, within or in any way related to the state small boatharbors; and

(ii)  The use of state small boat harbors,launching ramps, or other boating facilities belonging to or controlled by theState, including, but not limited to, the establishment of minimum amounts ofannual gross receipts required to renew a commercial use permit, and conditionsunder which a state commercial, mooring, launching, or any other type of use orother permit may be terminated, canceled, or forfeited; and

(D)  Any other rule necessary to implement thischapter pertaining to small boat harbors, launching ramps, and other boatingfacilities belonging to or controlled by the State;

(7)  To continue the ocean recreational and coastalareas programs and govern the ocean waters and navigable streams of the State,and beaches encumbered with easements in favor of the public to protect andfoster public peace and tranquility and to promote public safety, health, andwelfare in or on the ocean waters and navigable streams of the State, and onbeaches encumbered with easements in favor of the public.  The rules mayinclude:

(A)  Regulating the anchoring and mooring ofvessels, houseboats, and other contrivances outside of any harbor or boatingfacility, including:

(i)  The designation of offshore mooring areas;

(ii)  The licensing and registration of vessels,houseboats, and other contrivances; and the issuance of permits for offshoreanchoring and mooring of vessels, houseboats, and other contrivances; and

(iii)  The living aboard on such vessels,houseboats, or other contrivances while they are anchored or moored withinocean waters or navigable streams of the State.

The rules shall provide for consideration ofenvironmental impacts on the State's aquatic resources in the issuance of anypermits for offshore mooring;

(B)  Safety measures, requirements, andpractices in or on the ocean waters and navigable streams of the State;

(C)  The licensing and registration of personsor organizations engaged in commercial activities in or on the ocean waters andnavigable streams of the State;

(D)  The licensing and registration ofequipment utilized for commercial activities in or on the ocean waters andnavigable streams of the State;

(E)  For beaches encumbered with easements infavor of the public, the prohibition or denial of the following uses andactivities:

(i)  Commercial activities;

(ii)  The storage, parking, and display of anypersonal property;

(iii)  The placement of structures orobstructions;

(iv)  The beaching, landing, mooring, oranchoring of any vessels; and

(v)  Other uses or activities that may interferewith the public use and enjoyment of these beaches; and

(F)  Any other matter relating to the safety,health, and welfare of the general public; and

(8)  To regulate the examination, guidance, andcontrol of harbor agents and their assistants.

(b)  All rules shall be adopted in accordancewith chapter 91 and shall have the force and effect of law. [L 1991, c 272, ptof §2]

 

Law Journals and Reviews

 

  Wiping Out the Ban on Surfboards at Point Panic.  27 UH L.Rev. 303.