HAR §13-235-31. Ke'ehi Lagoon mooring area

(a) The Ke'ehi Lagoon mooring area means the area confined by the boundaries shown for that mooring area on Exhibit "C", dated, July 15, 1990, located at the end of this subchapter. The boundaries are as follows: Beginning at a point on the water measured by azimuth clockwise from True South, 185 degrees for a distance of one hundred five feet from the Kalihi Channel Entrance rear range Light; then 154 degrees for a distance of three thousand three hundred ninety- four feet; 250 degrees for a distance of eight hundred three feet; 334 degrees for a distance of three thousand five hundred four feet; 021 degrees for a distance of six hundred feet; 080 degrees for a distance of five hundred thirty feet; then on a straight line to the point of beginning. (b) The mooring permit shall contain a statement, signed by the owner, certifying that the owner has been informed that the Ke'ehi Lagoon mooring area lies within the airport traffic area of the Honolulu International Airport, and shall include a covenant to hold harmless the U. S. Government and the State of Hawaii from any liability or inconvenience that may arise from overflight by aircraft. (c) No person shall anchor or moor a vessel or houseboat within Ke'ehi Lagoon except at a location and in accordance with a mooring permit issued by the department under the provisions of sections 13-231-2 and 13-231-17. (d) No person shall operate, anchor, or moor a vessel, contrivance, or other object in Ke'ehi Lagoon where any part of the vessel, contrivance or other object exceeds or projects beyond a height above the elevations in the height restrictions of structures and improvements as shown on Exhibit "B" dated August 31, 1990, located at the end of this chapter. 235-12 Unofficial Compilation (e) No person shall install, maintain or permit the installation or maintenance of any lights or electromagnetic devices on a vessel, contrivance or other object which may interfere with aircraft operating to or from Honolulu International Airport or which may adversely affect the safe and efficient use of Honolulu International Airport. (f) No person shall sink, or allow to be sunk, any vessel, contrivance or other other object in Ke'ehi Lagoon. If a vessel, contrivance or other object is operated or moored so as to be in danger of wreckage, damaging other property, or sinking, it shall be declared derelict in accordance with chapter 200, HRS, and section 13-231-19 shall apply. (g) No person shall abandon any vessel, contrivance or other object in Ke'ehi Lagoon. Abandoned vessels shall be disposed of pursuant to provisions of chapter 200, HRS. Abandoned contrivances or other objects shall be disposed of in accordance with applicable laws and rules. (h) No person shall anchor or moor a houseboat within Ke'ehi Lagoon, except that a person who owns and is residing aboard a houseboat located within Ke'ehi Lagoon mooring area on February 3, 1992 and who first obtained a permit by May 1, 1992, may apply for and be issued a permit to moor the houseboat at a location designated by the department, subject to the following conditions: (1) Any structure extending above the main deck shall conform to minimum safety standards used in the marine construction industry; and (2) The houseboat must be equipped with a U. S. Coast Guard approved type III marine sanitation device, which has the overboard discharge closed and sealed. Compliance with condition (1) shall be accomplished within one hundred twenty days from February 3, 1992, provided that the department may extend the time period for compliance upon acceptance of a plan presented by the owner to accomplish any necessary modifications 235-13 Unofficial Compilation within a reasonable period of time. Compliance with condition (2) shall be accomplished within thirty days of the date that a sewage pump-out facility is installed and available for use at Ke'ehi small boat harbor. No new applications to anchor or moor a houseboat within Ke'ehi Lagoon shall be accepted after February 3, 1992. (i) No person shall live aboard or use any vessel or houseboat as a place of principal habitation within Ke'ehi Lagoon, except that a person who owns and is residing aboard a vessel or houseboat located within Ke'ehi Lagoon on February 3, 1992 and who first obtained a permit by May 1, 1992, may apply for and be issued a principal habitation permit, subject to the following conditions: (1) The vessel is equipped with a U. S. Coast Guard approved marine sanitation device, (MSD) or in the case of a houseboat, the requirements of subsection (h) are met. No overboard discharge of untreated sewage from the MSD is permitted. The overboard discharge valve shall be closed and sealed while anchored or moored within the Ke'ehi Lagoon designated mooring area, subject to the availability of an operational sewage pump-out facility. (2) No person shall reside aboard a vessel for which a principal habitation permit is issued except for the owner, co-owner, immediate family members and legal dependents or other person residing on the vessel (except those paying rent) on February 3, 1992. (k) No persons shall stay aboard a transient or visiting vessel anchored or moored in Ke'ehi Lagoon without first obtaining a stay aboard permit. A stay aboard permit may be issued to the owner, master, crew or passengers of a transient or visiting vessel for a period or periods not to exceed a total of one hundred twenty days in a calendar year. 235-14 Unofficial Compilation (l) All vessels moored within the Ke'ehi Lagoon mooring area shall be equipped with fire extinguishing equipment in accordance with section 13-232-23. (m) Mooring categories within the Ke'ehi Lagoon mooring area are single point moorings for vessel lengths as follows: (1) Category A Vessels less than 30 feet in length overall; (2) Category B Vessels 31 to 40 feet in length overall, single point mooring; (3) Category C Vessels 41 to 50 feet in length overall, single point mooring; (4) Category D Vessels 51 to 60 feet in length overall, single point mooring; (5) Category E Vessels 61 to 65 feet in length overall, single point mooring. [Eff 2/24/94] (Auth: HRS §§200-1, 200-2, 200-3, 200-6) (Imp: HRS §§200-1, 200-2, 200-3, 200-6)