200-4. Rules
(a) The chairperson may adopt rules necessary:
(1) To regulate the manner in which all vessels may
enter the ocean waters and navigable streams of the State and moor, anchor, or
dock at small boat harbors, launching ramps, and other boating facilities owned
or controlled by the State;
(2) To regulate the embarking and disembarking of
passengers at small boat harbors, launching ramps, other boating facilities,
and public beaches;
(3) For the safety of small boat harbors, launching
ramps, and other boating facilities, and the vessels anchored or moored
therein;
(4) For the conduct of the public using small boat
harbors, launching ramps, and other boating facilities owned or controlled by
the State;
(5) To regulate and control recreational and
commercial use of small boat harbors, launching ramps, and other boating
facilities owned or controlled by the State and the ocean waters and navigable
streams of the State;
(6) To prevent the discharge or throwing into small
boat harbors, launching ramps, other boating facilities, ocean waters, and
navigable streams, of rubbish, refuse, garbage, or other substances likely to
affect the quality of the water or that contribute to making the small boat
harbors, launching ramps, other boating facilities, ocean waters, and streams
unsightly, unhealthful, or unclean, or that are liable to fill up, shoal, or
shallow the waters in, near, or affecting small boat harbors, launching ramps,
and other boating facilities and the ocean waters and navigable streams of the
State, and likewise to prevent the escape of fuel or other oils or substances
into the waters in, near, or affecting small boat harbors, launching ramps, or
other boating facilities and the ocean waters and navigable streams of the
State from any source point, including but not limited to any vessel or from
pipes or storage tanks upon land, including:
(A) Requirements for permits and fees for:
(i) The mooring, docking, or anchoring of
recreational and commercial vessels or the launching of recreational or
commercial vessels at small boat harbors, launching ramps, and other boating
facilities; or
(ii) Other uses of these facilities;
(B) Requirements for permits and fees for use
of a vessel as a principal place of habitation while moored at a state small
boat harbor;
(C) Requirements governing:
(i) The transfer of any state commercial,
mooring, launching, or any other type of use or other permit, directly or
indirectly, including but not limited to the imposition or assessment of a
business transfer fee upon transfer of ownership of vessels operating
commercially from, within or in any way related to the state small boat
harbors; and
(ii) The use of state small boat harbors,
launching ramps, or other boating facilities belonging to or controlled by the
State, including but not limited to the establishment of minimum amounts of
annual gross receipts required to renew a commercial use permit, and conditions
under which a state commercial, mooring, launching, or any other type of use or
other permit may be terminated, canceled, or forfeited; and
(D) Any other rule necessary to implement
this chapter pertaining to small boat harbors, launching ramps, and other
boating facilities belonging to or controlled by the State;
(7) To continue the ocean recreational and coastal
areas programs and govern the ocean waters and navigable streams of the State,
and beaches encumbered with easements in favor of the public to protect and
foster public peace and tranquility and to promote public safety, health, and
welfare in or on the ocean waters and navigable streams of the State, and on
beaches encumbered with easements in favor of the public, including:
(A) Regulating the anchoring and mooring of
vessels, houseboats, and other contrivances outside of any harbor or boating
facility, including:
(i) The designation of offshore mooring areas;
(ii) The licensing and registration of vessels,
houseboats, and other contrivances; and the issuance of permits for offshore
anchoring and mooring of vessels, houseboats, and other contrivances; and
(iii) The living aboard on vessels, houseboats,
or other contrivances while they are anchored or moored within ocean waters or
navigable streams of the State.
The rules shall provide for consideration
of environmental impacts on the State's aquatic resources in the issuance of
any permits for offshore mooring;
(B) Safety measures, requirements, and
practices in or on the ocean waters and navigable streams of the State;
(C) The licensing and registration of persons
or organizations engaged in commercial activities in or on the ocean waters and
navigable streams of the State;
(D) The licensing and registration of
equipment utilized for commercial activities in or on the ocean waters and
navigable streams of the State;
(E) For beaches encumbered with easements in
favor of the public, the prohibition or denial of the following uses and
activities:
(i) Commercial activities;
(ii) The storage, parking, and display of any
personal property;
(iii) The placement of structures or
obstructions;
(iv) The beaching, landing, mooring, or
anchoring of any vessels; and
(v) Other uses or activities that may interfere
with the public use and enjoyment of these beaches; and
(F) Any other matter relating to the safety,
health, and welfare of the general public;
(8) To regulate the examination, guidance, and
control of harbor agents and their assistants; and
(9) To regulate commercial activities in state waters
including operations originating from private marinas; provided that no new or
additional permits shall be required for those commercial activities regulated
by any other chapter.
For the purposes of this paragraph:
"Commercial activity" means to
engage in any action or attempt to engage in any action for compensation in any
form. The action or actions may include providing or attempting to provide,
advertising, or offering or attempting to offer guide services, charters,
tours, and transportation to and from the location or locations for which such
services are provided.
"Compensation" means money, barter,
trade, credit, and other instruments of value, goods, and other forms of
payment.
(b) All rules shall be adopted in accordance
with chapter 91 and shall have the force and effect of law.
[L 1991, c 272, pt
of §2; am L 2012, c 289, §3; am L 2024, c 227, §3]
