Purpose and use of state small boat harbors
HRS §200-9
in effect200-9. Purpose and use of state small boat harbors
(a) State small boat harbors are constructed, maintained, and operated for the purposes of:
(1) Recreational boating activities;
(2) Landing of fish; and
(3) Commercial vessel activities.
To implement these purposes, only vessels in good
material and operating condition that are regularly navigated beyond the
confines of the small boat harbor and that are used for recreational
activities, the landing of fish, or commercial vessel activities shall be
permitted to moor, anchor, or berth at a state small boat harbor or use any of
its facilities.
(b) Vessels used for purposes of recreational
boating activities that are also the principal habitation of the owners shall
occupy no more than one hundred twenty-nine berths at Ala Wai boat harbor and
thirty-five berths at Keehi boat harbor, which is equal to fifteen per cent of
the respective total moorage space that was available as of July 1, 1976, at
the Ala Wai and Keehi boat harbors.
(c) The total number of
valid commercial use permits that may be issued for vessels assigned mooring in
Ala Wai 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 boat harbor; provided that at the Ala Wai 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 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.
The department shall allow a
sole proprietor of a catamaran operating with a valid commercial use permit or
existing registration certificate, issued by the department, for a commercial
catamaran to land its commercial catamaran on Waikiki beach, to operate upon
Waikiki shore waters for hire, and to transfer the ownership of the vessel from
personal ownership to corporate or other business ownership without terminating
the right to operate under the commercial use permit or existing registration
certificate. The existing commercial use permit or existing registration
certificate shall be reissued in a timely manner in the name of the transferee
corporation or other business entity. No valid commercial use permit or
existing registration certificate issued to an owner of a commercial catamaran
operating in the Waikiki area shall be denied or revoked without a prior
hearing held in accordance with chapter 91.
(d) Notwithstanding any limitations on
commercial permits for Maui county small boat facilities, vessels engaging in
inter-island ferry service within Maui county shall be afforded preferential
consideration for ferry landings, including the issuance of a commercial
operating permit and the waiver of any applicable fees, at Maui county small boat facilities; provided that:
(1) The vessel operator has been issued a certificate
of public convenience and necessity for the purpose of engaging in inter-island
ferry service that includes a route within Maui county;
(2) The design and performance characteristics of the
vessel will permit safe navigation within the harbor entrance channel and safe docking within Maui county small boat facilities;
(3) The vessel operations will not result in
unreasonable interference with the use of Maui county small boat facilities by
other vessels; and
(4) All preferential consideration and waivers,
including any commercial permits issued under this section, shall cease upon
the vessel operator's termination of inter-island ferry service within Maui county.
(e) The chairperson may adopt rules pursuant
to chapter 91 to further implement this section.
[(f)] For purposes of this section:
"Commercial vessel activities" means
the use of vessels for activities or services provided on a fee basis.
"Recreational boating activities"
means the use of watercraft for sports, hobbies, or pleasure.
"Regularly navigated" means the
movement of a vessel under its own power from its assigned mooring within a
small boat harbor to beyond the confines of the small boat harbor and entrance
channel at least once in a ninety-day period. Vessels moored in an offshore
mooring area shall exit the confines of the designated mooring area under their
own power at least once in a ninety-day period.
[L 1991, c 272, pt of §2; am L
1995, c 86, §2; am L 1997, c 160, §4; am L 1999, c 266, §1; am L 2001, c 9, §1;
am L 2006, c 123, §1; am L 2011, c 76, §1 and c 197, §6]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0200/HRS_0200-0009.htmFetched: 11/10/2026