Haw. Code R. § 13-231-21 - Restrictions on mooring vessels utilized for living aboard at small boat harbors other than Ala Wai and Keehi small boat harbors

(a) This section is applicable in all small boat harbors, except Ala Wai and Keehi small boat harbors. Further, it is not applicable to a:

(1) Vessel other than a yacht engaged in carrying passengers for hire on international voyages;

(2) Vessel owned by the United States Government; or

(3) Tug boat or towboat.

(b) No person shall moor any vessel or any contrivance in a state small boat harbor if any person is living aboard, provided that the department may permit the operator and other persons accompanying the operator, of a visiting or transient vessel to moor the vessel and live aboard for a period- not to exceed thirty days at any one small boat harbor during the calendar year, if the following conditions are met:

(1) The operator applies for and is granted a living aboard permit authorizing the persons named in the permit to live aboard the operator's vessel;

(2) The mooring of the vessel in a small boat harbor with persons living aboard does not interfere with the maximum, safe, and efficient utilization of the small boat harbor facilities; and

(3) The vessel conforms with the department's standards of safety, sanitation, and maintenance as prescribed in these rules and the state boating rules.

(c) Small boat harbors are constructed, operated and maintained for the primary purposes of providing public recreational boating facilities and promoting the fishing industry. To implement these purposes an application for a living aboard permit shall be reviewed and additional information may be required by the department to ascertain the effect or probable effect the issuance of the permit would have on the maximum efficient utilization of small boat harbor facilities for recreational boating activities and the promotion of the fishing industry. No permit to live aboard a vessel shall be issued by the department unless the application and supporting information clearly shows that the issuance thereof is not contrary to the public interest, or otherwise unlawful.

Notes

Haw. Code R. § 13-231-21

[Eff 2/24/94; am and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-4, 200-9, 200-10) (Imp: HRS §§ 200-2, 200-4, 200-9, 200-10)