HAR §13-231-3. Use permits; issuance

(a) The department may issue the following types of use permits: (1) Mooring permit. A use permit which authorizes the docking, mooring, or anchoring of a vessel at a small boat harbor or offshore mooring area. (A) Regular mooring permit. A use permit which authorizes the permittee to moor a vessel in a state small boat harbor or at an offshore mooring area for a 231-9 Unofficial Compilation period not to exceed one year from the date of issuance. (B) Temporary mooring permit. A non- renewable use permit which authorizes the permittee to moor a vessel in a state small boat harbor or at an offshore mooring area for a period of thirty days or less from the date of issuance. (C) All applicants for a mooring permit shall provide documentation of the applicant's ownership structure, including the ownership structure of any entity that would own or control, directly or indirectly, the mooring permit. (2) Waikiki catamaran registration certificate. A Waikiki catamaran registration certificate is a document, issued by the department, that may authorize its holder to utilize state boating facilities, offshore and onshore mooring, in Waikiki ocean waters and beach. All applicants for a Waikiki catamaran registration certificate shall provide the following information: (A) Vessel documentation or registration. (B) Vessel Certificate of Inspection (if applicable). (C) Certificate of business liability insurance pursuant to the requirements of section 13-231-65. (D) Certificate of good standing from the Hawaii Department of Commerce and Consumer Affairs. (E) Tax clearance certificate from the department of taxation. (F) Conservation District Use Permits (if applicable). (G) Affidavit describing any and all sales or transfers of any ownership interest in the business. 231-10 Unofficial Compilation (H) Documentation of the applicant's ownership structure, including the ownership structure of any entity that would own or control, directly or indirectly, the Waikiki catamaran registration certificate. (3) Stay aboard permit. A use permit which authorizes use of a state small boat harbor or offshore mooring by the permittee for the purpose of staying aboard a vessel while moored in a state small boat harbor or at an offshore mooring or at anchor. (4) Vacation permit. A use permit which authorizes use of the small boat harbor or an offshore mooring area by the permittee for the purpose of using a vessel as a vacation site while moored in a state small boat harbor or at an offshore mooring or at anchor. (5) Principal habitation permit. A use permit which authorizes use of the small boat harbor by the permittee for the purpose of using the vessel as a principal place of habitation while moored in Ala Wai or Keehi small boat harbor or in the Keehi Lagoon mooring area. (6) Commercial use permit. A use permit which authorizes the owner of a commercial vessel to engage in commercial activities as specified in the permit. All applicants for a commercial use permit shall provide the following information: (A) Vessel Documentation or registration. (B) Vessel Certificate of Inspection (if applicable). (C) Certificate of business liability insurance pursuant to the requirements of section 13-231-65 of these rules. (D) Certificate of good standing from the Hawaii Department of Commerce and Consumer Affairs. 231-11 Unofficial Compilation (E) Tax clearance certificate from the department of taxation. (F) Conservation District Use Permits (if applicable). (G) Affidavit describing any and all sales or transfers of any ownership interest in the business. (H) Documentation of the applicant's ownership structure, including the ownership structure of any entity that would own or control, directly or indirectly, the commercial use permit. (7) Storage permit. A use permit which authorizes use of a small boat harbor storage area for vessels or other items on land at a small boat harbor. (8) Miscellaneous permit. A use permit which authorizes use of a small boat harbor, an offshore mooring area, or state ocean waters for other purposes as may be authorized by the department in its use permit and is consistent with these rules and applicable laws. (b) Use permits, or where applicable, Waikiki catamaran registration certificates, shall be issued only after the department has determined that all applicable laws have been complied with and that all fees and charges have been paid. (c) The issuance of any use permit by the department shall not create a property interest in favor of the permittee to an unrestricted use of State small boat harbors, facilities or State ocean waters. [Eff 2/24/94; am and comp 9/25/14; am 12/31/18] (Auth: HRS §§200-2, 200-3, 200-4, 200-6) (Imp: HRS §§200-2, 200-3, 200-4, 200-6) §13-231-4 Use permits; part-time or intermittent occupancy. (a) No use permit for docking, mooring, or anchoring a vessel at a small boat harbor or at an offshore mooring area shall be issued to any person who has been issued a use permit to moor the same 231-12 Unofficial Compilation vessel at any other small boat harbor, offshore mooring, private marina or yacht club in the State. A temporary mooring permit may be issued to authorize temporary mooring in any small boat harbor or offshore mooring area. (b) Temporary mooring of a vessel within the same small boat harbor or offshore mooring area shall not exceed a cumulative period of more than one hundred and twenty days in the same calendar year per vessel, except as provided in section 13-256-73.11 for commercial vessels authorized for use at Heeia Kea small boat harbor. Temporary mooring permits shall be issued in accordance with section 13-231-85. (c) Notwithstanding the provisions of subsection (a), the department may issue additional offshore mooring permits to owners of vessels holding a valid commercial use permit issued pursuant to section 13- 231-59. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-3, 200-4, 200-6) (Imp: HRS §§200-2, 200- 3, 200-4, 200-6) §13-231-5 Period of validity and renewal of various types of use permits. (a) The department may issue or reissue a use permit of all types, including but not limited to commercial use permits, catamaran registration certificates, and mooring permits, for any period up to, but not exceeding one year. Upon expiration of the period stated therein, the use permit and all rights of the permittee thereunder shall automatically terminate. No type of use permit shall be renewed unless all the conditions or covenants of the original issuance, including the requirement of prompt monthly payment of charges in advance, have been met and the rules governing small boat harbors and navigable waters managed of the department of land and natural resources have been fully complied with. (b) If a permittee fails to renew a use permit on or before the date on which it expires, that person may be granted a thirty (30) calendar day period to reinstate the regular mooring permit as long as all 231-13 Unofficial Compilation the conditions or covenants of the original issuance, including the requirement of prompt monthly payment of charges in advance, have been met and the rules governing small boat harbors of the department of land and natural resources have been fully complied with. The person shall pay a one-time penalty fee of $250.00 as well as all other applicable fees. Impoundment of the vessel shall be stayed only until the grace period has expired. [Eff 2/24/94; am 8/8/11; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-10) (Imp: HRS §§200-2, 200-4, 200-10)