§200-9  Purpose and use of state small boat
harbors.  (a)  State small boat harbors are constructed, maintained, and
operated for the purposes of:



(1)  Recreational boating activities;



(2)  Landing of fish; and



(3)  Commercial vessel activities.



For the purpose of this section, "recreational
boating activities" means the utilization of watercraft for sports,
hobbies, or pleasure, and "commercial vessel activities" means the
utilization of vessels for activities or services provided on a fee basis.  To
implement these purposes, only vessels in good material and operating condition
that are regularly navigated beyond the confines of the small boat harbor, and
which are used for recreational activities, the landing of fish, or commercial
vessel activities shall be permitted to moor, anchor, or berth at such harbor
or use any of its facilities.



(b)  Vessels used for purposes of recreational
boating activities which are also the principal habitation of the owners shall
occupy no more than one hundred twenty-nine berths at Ala Wai boat harbor and
thirty-five berths at Keehi boat harbor, which is equal to fifteen per cent of
the respective total moorage space that was available as of July 1, 1976, at
the Ala Wai and Keehi boat harbors.  Notwithstanding the purposes of small boat
harbors, moorage for commercial vessels and commercial vessel activities is not
permitted in the Ala Wai and Keehi boat harbors; provided that commercial
catamarans, for which valid permits or registration certificates have been
issued by the department which allow the catamarans to operate upon Waikiki
shore waters for hire, may be permitted to moor in Ala Wai boat harbor at
facilities leased for commercial purposes.  The department shall allow a sole
proprietor of a catamaran operating with a valid commercial registration
certificate issued by the department for a commercial catamaran to land its
commercial catamaran on Waikiki beach and to operate upon Waikiki shore waters
for hire, to transfer the ownership of the vessel from personal ownership to
corporate or other business ownership without terminating the right to operate
under the commercial registration certificate.  The existing commercial
registration certificate shall be reissued in a timely manner in the name of
the transferee corporation or other business entity.  No commercial
registration issued to an owner of a commercial catamaran operating in the Waikiki area shall be denied or revoked without a prior hearing held in accordance with
chapter 91.



(c)  Notwithstanding any limitations on
commercial permits for Maui county small boat facilities, vessels engaging in
inter-island ferry service within Maui county shall be afforded preferential
consideration for ferry landings, including the issuance of a commercial
operating permit and the waiver of any applicable fees, at Maui county small boat facilities; provided that:



(1)  The vessel operator has been issued a certificate
of public convenience and necessity for the purpose of engaging in inter-island
ferry service that includes a route within Maui county;



(2)  The design and performance characteristics of the
vessel will permit safe navigation within the harbor entrance channel and safe docking within Maui county small boat facilities;



(3)  The vessel operations will not result in unreasonable
interference with the use of Maui county small boat facilities by other
vessels; and



(4)  All preferential consideration and waivers,
including any commercial permits issued under this section, shall cease upon
the vessel operator's termination of inter-island ferry service within Maui county.



(d)  The chairperson may adopt rules pursuant
to chapter 91 to further implement this section. [L 1991, c 272, pt of §2; am L
1995, c 86, §2; am L 1997, c 160, §4; am L 1999, c 266, §1; am L 2001, c 9, §1;
am L 2006, c 123, §1]



 



Note



 



  L 1999, c 266, §2 provides:



  "SECTION 2.  Any corporation holding a valid commercial
registration certificate issued by the department as of January 1, 1999, to
operate a commercial catamaran upon Waikiki shore waters for hire and to land
on Waikiki beach shall not have its commercial registration certificate revoked
on the basis of a past error or omission executed by the department in allowing
the transfer of ownership of the vessel from personal ownership to corporate or
other business ownership."



 



Cross References



 



  Intra-island water ferry transportation system, see §268-2.5.