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

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

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

(3)  The owner of the vessel is current in itspayments of any moneys, rates, fees, dues, compensation, fines, or penaltiesassessed 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 spaceavailable basis, a vessel with a use permit authorizing the vessel to moor inHonolulu harbor to moor in Kewalo basin at no additional cost and with noadditional use permit required subject to the discretion of the harbor managerof Kewalo basin.

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