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

(1)  Recreational boating activities;

(2)  Landing of fish; and

(3)  Commercial vessel activities.

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

(b)  Vessels used for purposes of recreationalboating activities which are also the principal habitation of the owners shalloccupy no more than one hundred twenty-nine berths at Ala Wai boat harbor andthirty-five berths at Keehi boat harbor, which is equal to fifteen per cent ofthe respective total moorage space that was available as of July 1, 1976, atthe Ala Wai and Keehi boat harbors.  Notwithstanding the purposes of small boatharbors, moorage for commercial vessels and commercial vessel activities is notpermitted in the Ala Wai and Keehi boat harbors; provided that commercialcatamarans, for which valid permits or registration certificates have beenissued by the department which allow the catamarans to operate upon Waikikishore waters for hire, may be permitted to moor in Ala Wai boat harbor atfacilities leased for commercial purposes.  The department shall allow a soleproprietor of a catamaran operating with a valid commercial registrationcertificate issued by the department for a commercial catamaran to land itscommercial catamaran on Waikiki beach and to operate upon Waikiki shore watersfor hire, to transfer the ownership of the vessel from personal ownership tocorporate or other business ownership without terminating the right to operateunder the commercial registration certificate.  The existing commercialregistration certificate shall be reissued in a timely manner in the name ofthe transferee corporation or other business entity.  No commercialregistration 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 withchapter 91.

(c)  Notwithstanding any limitations oncommercial permits for Maui county small boat facilities, vessels engaging ininter-island ferry service within Maui county shall be afforded preferentialconsideration for ferry landings, including the issuance of a commercialoperating permit and the waiver of any applicable fees, at Maui county small boat facilities; provided that:

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

(2)  The design and performance characteristics of thevessel 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 unreasonableinterference with the use of Maui county small boat facilities by othervessels; and

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

(d)  The chairperson may adopt rules pursuantto chapter 91 to further implement this section. [L 1991, c 272, pt of §2; am L1995, 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 commercialregistration certificate issued by the department as of January 1, 1999, tooperate a commercial catamaran upon Waikiki shore waters for hire and to landon Waikiki beach shall not have its commercial registration certificate revokedon the basis of a past error or omission executed by the department in allowingthe transfer of ownership of the vessel from personal ownership to corporate orother business ownership."

 

Cross References

 

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