HAR §13-231-20. Houseboats prohibited

A use permit shall not be issued for any houseboat in any small boat harbor or designated mooring area, except in Keehi Lagoon and in accordance with section 13-235-31. The department may consider the following in determining whether a vessel is a houseboat: (1) Whether the vessel is actually used as a dwelling or abode; (2) If used as a dwelling or abode, to what extent and in what manner; (3) The extent to which it is actually used for any recreational boating or for fishing; (4) Whether it is so constructed, reconstructed, or designed as to be capable of being used for recreational boating or fishing in the waters surrounding the small boat harbor or designated mooring area in which it is moored; (5) The frequency with which it leaves the confines of the small boat harbor or designated mooring area in which it is moored; and (6) Whether it is equipped with any operating means of propulsion. [Eff 2/24/94; comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-6, 231-26 Unofficial Compilation 200-10) (Imp: HRS §§200-2, 200-4, 200-6, 200-10) §13-231-21 Restrictions on mooring vessels utilized for living aboard at small boat harbors other than Ala Wai and Keehi small boat harbors. (a) This section is applicable in all small boat harbors, except Ala Wai and Keehi small boat harbors. Further, it is not applicable to a: (1) Vessel other than a yacht engaged in carrying passengers for hire on international voyages; (2) Vessel owned by the United States Government; or (3) Tug boat or towboat. (b) No person shall moor any vessel or any contrivance in a state small boat harbor if any person is living aboard, provided that the department may permit the operator and other persons accompanying the operator, of a visiting or transient vessel to moor the vessel and live aboard for a period not to exceed thirty days at any one small boat harbor during the calendar year, if the following conditions are met: (1) The operator applies for and is granted a living aboard permit authorizing the persons named in the permit to live aboard the operator's vessel; (2) The mooring of the vessel in a small boat harbor with persons living aboard does not interfere with the maximum, safe, and efficient utilization of the small boat harbor facilities; and (3) The vessel conforms with the department's standards of safety, sanitation, and maintenance as prescribed in these rules and the state boating rules. (c) Small boat harbors are constructed, operated and maintained for the primary purposes of providing public recreational boating facilities and promoting the fishing industry. To implement these purposes an application for a living aboard permit shall be 231-27 Unofficial Compilation reviewed and additional information may be required by the department to ascertain the effect or probable effect the issuance of the permit would have on the maximum efficient utilization of small boat harbor facilities for recreational boating activities and the promotion of the fishing industry. No permit to live aboard a vessel shall be issued by the department unless the application and supporting information clearly shows that the issuance thereof is not contrary to the public interest, or otherwise unlawful. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10) (Imp: HRS §§200-2, 200-4, 200-9, 200-10) §13-231-22 Staying aboard transient or visiting vessels. A stay aboard permit authorizing persons to stay aboard a transient or visiting vessel moored in a small boat harbor or offshore mooring area may be issued to the owner, master, crew, and passengers for a period or periods not to exceed one hundred twenty nights in a calendar year. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10) (Imp: HRS §§200-2, 200-4, 200-9, 200-10) §13-231-23 Interim use of berth during temporary absence of regular permittee's vessel. (a) The department may allocate a berth assigned to a regular permittee to another person, pursuant to section 13- 231-5 for interim use while the regular permittee's vessel assigned thereto is temporarily absent from the berth or for a period not to exceed thirty days, whichever period is shorter. A temporary mooring permit for interim use, issued pursuant to this section, shall be nonrenewable. (b) Interim use of the berth by a temporary permittee, pursuant to this section, while the regular permittee's vessel assigned thereto is absent, does not grant the temporary permittee any right to retain the use of the berth or any other space in the small boat harbor. Upon expiration of the temporary mooring 231-28 Unofficial Compilation permit or upon lapse of forty-eight hours of notice in writing to vacate the berth prior to the return of the regular permittee's vessel, whichever occurs first, the temporary permittee shall immediately remove the temporary permittee's vessel from the berth and the harbor if not already removed from the berth and the harbor. (c) Failure of a temporary permittee, allocated a berth for interim use pursuant to this section, to vacate the berth and the small boat harbor upon expiration of the temporary mooring permit or upon lapse of forty-eight hours of written notice to vacate, in order to accommodate the return of the regular permittee's vessel, shall subject the temporary permittee to liability for any damages incurred by the returning regular permittee resulting from the temporary permittee's failure to vacate, and to a fine pursuant to section 200-14 or section 200- 14.5, Hawaii Revised Statutes, and entitles the department to remove the temporary permittee's vessel to an impounding area. The temporary permittee shall indemnify and hold harmless the State from any liability for damages arising out of a failure to vacate the berth and the small boat harbor and from the removal of the vessel to an impounding area by the department in accordance with this rule. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200- 4, 200-9, 200-10) (Imp: HRS §§200-2, 200-4, 200-9, 200-10) §13-231-24 Interim use of berth pending occupancy by regular permittee. (a) The department shall allocate an unassigned berth to the senior applicant for a regular mooring permit as expeditiously as possible pursuant to section 13-231- 5. It is recognized that, despite efforts to expedite the process, variable periods of time will elapse before the berth is assigned and the newly-assigned regular permittee actually moves a vessel into the berth. Therefore the department may allocate the berth to another person, pursuant to section 13-231-5 231-29 Unofficial Compilation for interim use, until the allocation and assignment procedures have been completed and the newly-assigned regular permittee is prepared to move a vessel into the berth, or for a nonrenewable period not to exceed thirty days, whichever period is shorter. (b) Interim use of a berth by a temporary permittee pursuant to this section does not grant the temporary permittee any right to retain the use of the berth or any other space in the small boat harbor. Upon expiration of the temporary permittee's temporary mooring permit or upon lapse of forty-eight hours of notice in writing to vacate the berth prior to movement of the newly-assigned regular permittee's vessel into the berth, whichever occurs first, the temporary permittee shall immediately remove the temporary permittee's vessel from the berth and the small boat harbor if not already removed from the berth and harbor. (c) Failure of a temporary permittee, allocated a berth for interim use pursuant to this section, to vacate the berth and the small boat harbor upon expiration of the temporary mooring permit or receipt of a forty-eight hours notice to vacate, in order to accommodate the regular permittee's vessel, shall subject the temporary permittee to liability for any damages incurred by the regular permittee resulting from the temporary permittee's failure to vacate, and to a fine and other penalties pursuant to Sections 200-14 and 200-14.5, Hawaii Revised Statutes, and entitles the department to remove the temporary permittee's vessel to an impounding area. The temporary permittee shall indemnify and hold harmless the State from any liability for damages arising out of a failure to vacate the berth and the small boat harbor and from the removal of the vessel to an impounding area by the department in accordance with this rule. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-10) (Imp: HRS §§200-2, 200-4, 200-9, 200-10) 231-30 Unofficial Compilation