HAR §13-231-54. Commercial vessel; definition

"Commercial vessel" as used in this subchapter means a vessel engaged in any trade or business including, but not limited to, carrying passengers for hire, charter fishing, bare boat (demise) or any type of charter maintenance, harvesting coral or similar resources, construction, towing, tow-boating, or other trade or business wherein the vessel is used in any manner to promote the venture, or is registered with the State or documented by the United States Coast Guard for commercial use. [Eff 2/24/94; comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-10) (Imp: HRS §§200-2, 200-4, 200-10) §13-231-55 Berthing commercial vessels at Ala Wai or Keehi small boat harbor. (a) The total number of valid commercial use permits that may be issued for vessels assigned mooring in Ala Wai small boat harbor shall not exceed fifteen per cent of the total number of berths and shall not exceed thirty-five per cent of the total number of berths at the Keehi small boat harbor; provided that at the Ala Wai small boat harbor, vessels issued commercial use permits shall: (1) Not exceed sixty-five feet in length; (2) Occupy not more than fifty-six berths located along the row of berths furthermost mauka or adjacent to Holomoana Street, with the remainder located throughout the Ala Wai small boat harbor, with priority assigned to row five hundred, row seven hundred, and row eight hundred; (3) Be phased-in in a manner that does not displace any existing recreational boater or existing catamaran operator; and (4) Include commercial catamarans, for which valid commercial use permits or existing registration certificates have been issued by the department that allow the catamarans to operate upon Waikiki shore waters for hire. 231-50 Unofficial Compilation (b) The department may issue a temporary mooring permit authorizing the owner to temporarily moor at Ala Wai or Keehi small boat harbors, provided the vessel is not engaged in commercial activities. (c) This section is not applicable to a vessel used principally for recreational purposes (more than fifty per cent of its operating time) but licensed to engage in commercial fishing. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9) (Imp: HRS §§200-2, 200-4, 200-9)