[§266-2.3]  Kewalo basin use permit;
Honolulu harbor use permit; portability.  (a)  Notwithstanding any law to
the contrary, the department of transportation shall allow, on a space
available basis, a vessel with a use permit authorizing the vessel to moor in
Kewalo basin to moor in Honolulu harbor at no additional cost and with no
additional use permit required under the following conditions:



(1)  The manager of Kewalo basin prohibits entrance
into Kewalo basin because of inclement weather or ocean conditions; provided
that as soon as the manager of Kewalo basin opens the entrance to vessels, the
vessel shall leave Honolulu harbor;



(2)  The owner or operator of a commercial fishing
vessel desires to sell the owner's or operator's catch of fish to a business
operating within Honolulu harbor or otherwise conduct business within Honolulu
harbor; provided that the vessel shall not moor in Honolulu harbor for a period
longer than is necessary to unload all or some of the catch of fish for sale or
otherwise conduct business; and



(3)  The owner of the vessel is current in its
payments of any moneys, rates, fees, dues, compensation, fines, or penalties
assessed against the vessel that are due to the State.



(b)  Notwithstanding any law to the contrary,
the department with jurisdiction over Kewalo basin shall allow, on a space
available basis, a vessel with a use permit authorizing the vessel to moor in
Honolulu harbor to moor in Kewalo basin at no additional cost and with no
additional use permit required subject to the discretion of the harbor manager
of Kewalo basin.



(c)  The director of transportation shall adopt
rules pursuant to chapter 91, to implement this section. [L 2008, c 79, §2]