HAR §13-235-7. Revocation

(a) The department may immediately revoke an offshore mooring permit without the necessity for a hearing for any activity which does or may endanger health or safety of the public. (b) The department may revoke any offshore mooring permit issued pursuant to this chapter for violation of any state or federal law or rules of the department if, after seventy-two hours written notice of the violation by the department, the permittee fails to cure the violation or provide satisfactory evidence of compliance to the department. [Eff 2/24/94] (Auth: HRS §§200-1, 200-2, 200-3, 200-6) (Imp: HRS §§200-1, 200-2, 200-3, 200-6) 235-7 Unofficial Compilation §13-235-8 Mooring hardware, maintenance and inspection. (a) A vessel owner shall be responsible for maintaining the vessel's mooring hardware except where mooring buoys are installed and maintained by the State. (b) A vessel owner shall inspect the mooring hardware for safety and security no less than semi- annually and provide notice to the department of the date of the inspection. (c) The department may conduct inspections of the mooring hardware for compliance with the rules. (d) No person shall remove, alter or replace any mooring hardware installed by the State without prior written permission of the department. (e) The vessel owner is responsible for installing and maintaining chafing gear on all mooring lines. [Eff 2/24/94] (Auth: HRS §§200-1, 200-2, 200- 3, 200-6) (Imp: HRS §§200-1, 200-2, 200-3, 200-6) §13-235-9 Restrictions on anchoring or mooring outside of a designated offshore mooring area. (a) No person shall anchor a vessel in an Ocean Recreation Management Area (ORMA) or a non-designated area for a cumulative period of time exceeding seventy-two hours within any fourteen day period subject to the following restrictions: (1) Calculation of the seventy-two hour time limit shall not restart if a vessel is relocated or temporarily moved and then later returned to the same site or location or in close proximity thereto. (2) The department or the department's authorized representative may authorize an extension of the seventy-two hour time limit if, under the particular circumstances, an extension of time is reasonable and warranted. (b) No person shall anchor or moor a houseboat on the ocean waters or navigable streams of the State outside of a designated mooring area. 235-8 Unofficial Compilation (c) No person shall live aboard any vessel or use any vessel as a principal place of habitation on the ocean waters or navigable streams of the State outside of a designated mooring area, provided that staying aboard or use of a vessel as a vacation site may be permitted in accordance with provisions set forth in sections 13-231-22, 13-231-28, and 13-231-29. (d) The owner of a vessel desiring to moor a vessel outside a designated mooring area may be issued a permit by the department, subject to compliance with all other provisions of this chapter, provided that: (1) There is no designated mooring area within a reasonable distance of the desired location specified in the permit application; (2) A permit for installation of a mooring at that location is approved by the board of land and natural resources; and (3) In the case of commercial vessels, a permit is also approved for installation of the mooring by the U. S. Army Corps of Engineers. (e) Transient or visiting vessels may be issued a temporary permit to anchor outside of a designated mooring area for a period not to exceed ninety days. [Eff 2/24/94; am 12/31/18] (Auth: HRS §§200-1, 200-2, 200-3, 200-6) (Imp: HRS §§200-1, 200-2, 200-3, 200-6)