HAR §13-234-3. Mooring rates

(a) The mooring rate schedule in this subsection shall be per foot of vessel length overall or maximum length of berth or mooring, whichever is greater. All mooring rates shall be determined by a state-licensed appraiser in accordance with section 200-10, Hawaii Revised Statutes. Small Boat Harbor District Catwalk ($/foot) Tahiti Moor ($/foot) Nawiliwili Kauai 12.00 N/A Port Allen Kauai 11.00 N/A Ala Wai Oahu 13.00 8.00 Keehi Oahu 13.00 N/A Haleiwa Oahu 10.00 6.00 Heeia Kea Oahu 10.00 6.00 234-8 Unofficial Compilation Waianae Oahu 11.00 N/A Manele Lanai 10.00 N/A Lahaina Maui 11.00 7.00 Maalaea Maui 10.00 6.00 Manele Maui 10.00 N/A Kaunakakai Molokai 9.00 5.00 Honokohau Hawaii 10.00 6.00 Kailua-Kona Hawaii N/A 6.00 Kawaihae, North Hawaii N/A 5.00 Kawaihae, South Hawaii 10.00 6.00 Wailoa Hawaii 9.00 5.00 (b) The mooring rate schedule in subsection (a) shall apply to single-hulled vessels, except as otherwise provided in this section, or in sections 13- 234-5, 13-234-7, and 13-234-25. The fees for a vessel moored in any state small boat harbor not listed in the mooring rate schedule in subsection (a) shall be a flat rate of ten dollars per foot for catwalks and six dollars per foot for tahiti moorings, until such time as an appraisal can be completed. (c) A multi-hulled vessel shall be charged mooring fees in proportion to berths used in increments of one, one and one-half, or two times the fee prescribed in subsection (a) or subsection (b) for a single-hulled vessel of equal length. (d) The amounts set out in the mooring rate schedules in subsections (a) through (c) are the minimum charges per month. [Eff 2/24/94; am 12/16/06; am 1/22/10; am and comp 8/23/19] (Auth: HRS §§200-4, 200-6, 200-10, 200-22, 200-24) (Imp: HRS §§200-4, 200- 6, 200-10, 200-12, 200-22, 200-24) §13-234-4 Mooring rates for offshore mooring and anchoring. (a) The mooring rate schedule is per foot of vessel length overall or maximum mooring capacity of the mooring system, whichever is greater, per month: 234-9 Unofficial Compilation Offshore mooring and anchoring rates shall be as follows: On state Buoy, Anchor, or Cable On Permittee's Own Buoy or Anchor $5.00/foot $3.00/foot (b) The fee for barges, platforms, and commercial vessels having no operating means of propulsion shall be two times the rate listed in subsection (a). (c) The fee for vessels anchored or moored without a permit issued by the department shall be at the rate as provided in section 13-234-5. (d) Persons issued a mooring permit under this section shall be entitled to the use of any designated dinghy mooring area at no charge. (e) The fee for vessels moored offshore within the confines of a state small boat harbor shall be the same as the rate listed in subsection (a). [Eff 2/24/94; am 12/16/06; am and comp 8/23/19] (Auth: HRS §§200-4, 200-6, 200-10, 200-22, 200-24) (Imp: HRS §§200-4, 200-6, 200-10, 200-22, 200-24) §13-234-5 Mooring fees for vessels assigned temporary moorings or occupying moorings without permission. (a) Persons assigned a mooring for a temporary period shall make the security deposit and pay mooring fees as prescribed in this chapter. (b) Persons assigned a mooring for a period of thirty calendar days or less shall not be required to make the security deposit as provided in section 13- 234-2 but shall be required to pay fees in advance. (c) The fees prescribed in subsection (d) shall apply for the entire period that a vessel is in a state boating facility. (d) The mooring fees for a vessel assigned a mooring for thirty calendar days or less shall be as provided in section 13-234-3 or 13-234-4, plus thirty 234-10 Unofficial Compilation per cent for each twenty-four hour period or any fraction thereof. (e) The mooring fees for a vessel moored in a state boating facility without written permission from the department or in violation of section 13-231-17 shall be as follows: Length of stay Fee (1) 30 days or less 1.5 times the fees stated in subsection (d); (2) 31-60 days 2 times the fees stated in subsection (d) for the period over 30 days; (3) More than 60 days 3 times the fees stated in subsection (d) for the period over 60 days. (f) In addition to any civil remedy or criminal action available to the department, vessels moored without permission shall be liable for the payment of fees chargeable to the moorage. The department's acceptance of such a payment shall not waive the nature of trespass, or ratify or permit the unlawful or illegal mooring. [Eff 2/24/94; am 12/16/06; am 1/22/10; am and comp 8/23/19] (Auth: HRS §§200-4, 200- 6, 200-10, 200-12, 200-22, 200-24) (Imp: HRS §§200-4, 200-6, 200-10, 200-22, 200-24) §13-234-6 Fees for vessel absent for more than fourteen days. Any holder of a use permit who has applied as prescribed in section 13-231-11 to retain the permit to use the assigned berthing space and any other related use permits upon the permittee's return, and whose application has been approved by the department shall continue, during any absence of thirty calendar days or less from the assigned berth, to pay fees for the berthing space and any other use permits designated in the application at the rate established in section 13-234-3 and any other 234-11 Unofficial Compilation applicable sections of these rules. Where the absence permitted under section 13-231-11 exceeds thirty calendar days, then for the period in excess of thirty calendar days, the mooring fees for the berth retained and the fees prescribed in these rules for any facilities or services actually utilized by the permittee during the permittee's absence shall be due and payable to the department. During such absence, the department may issue a temporary use permit for the use of the berthing space by another vessel and charge mooring fees from the temporary permittee at the rate prescribed in these rules. [Eff 2/24/94; am and comp 8/23/19] (Auth: HRS §§200-4, 200-6, 200-10, 200-22, 200-24) (Imp: HRS §§200-4, 200-6, 200-10, 200- 22, 200-24) §13-234-7 Mooring fee for vessels owned by nonresident. The mooring fee for vessels assigned a permanent berth in any state small boat harbor and owned by nonresidents shall be ten per cent higher than the mooring rate schedule in section 13-234-3. [Eff 2/24/94; am and comp 8/23/19] (Auth: HRS §§200-4, 200-6, 200-10, 200-22, 200-24) (Imp: HRS §§200-4, 200- 6, 200-10, 200-22, 200-24) §13-234-8 Stay-aboard or principal habitation fee. (a) The owner of a vessel moored in a state small boat harbor and authorized to be used as a place of principal habitation shall pay, in addition to mooring or any other applicable fee or charge, a principal habitation fee computed according to vessel length as follows: (1) $5.25 per foot of vessel length per month if the owner is a state resident; and (2) $7.80 per foot of vessel length per month if the owner is a non-resident; provided that for any calendar year beginning after January 1, 1987, upon thirty calendar days prior written notice from the department, the principal habitation fees established by this subsection shall 234-12 Unofficial Compilation be increased based on the increase in the annual cost of living index (U.S. Department of Labor, U.S. City Average Urban Consumer Price Index for "all items"), but the increase for any calendar year shall not exceed five per cent. (b) The owner or operator of a transient vessel or visiting vessel shall pay a stay-aboard fee of $10.00 per person staying aboard a vessel, in addition to mooring or any other fees and charges, for each and every night that any person remains on board the vessel while the vessel is moored in a state small boat harbor. [Eff 2/24/94; am and comp 8/23/19] (Auth: HRS §§200-4, 200-6, 200-10, 200-22, 200-24) (Imp: HRS §§200-4, 200-6, 200-10, 200-22, 200-24) §13-234-9 Stay-aboard or principal habitation fee for offshore mooring or anchoring. The owner of a vessel or houseboat moored or anchored outside a small boat harbor and authorized to be used as a principal place of habitation or for staying aboard shall pay, in addition to any other applicable fee or charge, a principal habitation fee, or a stay-aboard fee as appropriate, which shall be the same as the rate specified in section 13-234-8. [Eff 2/24/94; am and comp 8/23/19] (Auth: HRS §§200-4, 200-6, 200-10, 200- 22, 200-24) (Imp: HRS §§200-4, 200-6, 200-10, 200-22, 200-24)