Haw. Code R. § 13-231-3 - Use permits; issuance
(a) The department
may issue the following types of use permits:
(1) Mooring permit. A use permit which
authorizes the docking, mooring, or anchoring of a vessel at a small boat
harbor or offshore mooring area.
(A) Regular
mooring permit. A use permit which authorizes the permittee to moor a vessel in
a state small boat harbor or at an offshore mooring area for a period not to
exceed one year from the date of issuance.
(B) Temporary mooring permit. A nonrenewable
use permit which authorizes the permittee to moor a vessel in a state small
boat harbor or at an offshore mooring area for a period of thirty days or less
from the date of issuance.
(C) All
applicants for a mooring permit shall provide documentation of the applicant's
ownership structure, including the ownership structure of any entity that would
own or control, directly or indirectly, the mooring permit.
(2) Waikiki catamaran registration
certificate. A Waikiki catamaran registration certificate is a document, issued
by the department, that may authorize its holder to utilize state boating
facilities, offshore and onshore mooring, in Waikiki ocean waters and beach.
All applicants for a Waikiki catamaran registration certificate shall provide
the following information:
(A) Vessel
documentation or registration.
(B)
Vessel Certificate of Inspection (if applicable).
(C) Certificate of business liability
insurance pursuant to the requirements of section
13-231-65.
(D) Certificate of good standing from the
Hawaii Department of Commerce and Consumer Affairs.
(E) Tax clearance certificate from the
department of taxation.
(F)
Conservation District Use Permits (if applicable).
(G) Affidavit describing any and all sales or
transfers of any ownership interest in the business.
(H) Documentation of the applicant's
ownership structure, including the ownership structure of any entity that would
own or control, directly or indirectly, the Waikiki catamaran registration
certificate.
(3) Stay
aboard permit. A use permit which authorizes use of a state small boat harbor
or offshore mooring by the permittee for the purpose of staying aboard a vessel
while moored in a state small boat harbor or at an offshore mooring or at
anchor.
(4) Vacation permit. A use
permit which authorizes use of the small boat harbor or an offshore mooring
area by the permittee for the purpose of using a vessel as a vacation site
while moored in a state small boat harbor or at an offshore mooring or at
anchor.
(5) Principal habitation
permit. A use permit which authorizes use of the small boat harbor by the
permittee for the purpose of using the vessel as a principal place of
habitation while moored in Ala Wai or Keehi small boat harbor or in the Keehi
Lagoon mooring area.
(6) Commercial
use permit. A use permit which authorizes the owner of a commercial vessel to
engage in commercial activities as specified in the permit. All applicants for
a commercial use permit shall provide the following information:
(A) Vessel Documentation or
registration.
(B) Vessel
Certificate of Inspection (if applicable).
(C) Certificate of business liability
insurance pursuant to the requirements of section
13-231-65 of these rules.
(D) Certificate of
good standing from the Hawaii Department of Commerce and Consumer
Affairs.
(E) Tax clearance
certificate from the department of taxation.
(F) Conservation District Use Permits (if
applicable).
(G) Affidavit
describing any and all sales or transfers of any ownership interest in the
business.
(H) Documentation of the
applicant's ownership structure, including the ownership structure of any
entity that would own or control, directly or indirectly, the commercial use
permit.
(7) Storage
permit. A use permit which authorizes use of a small boat harbor storage area
for vessels or other items on land at a small boat harbor.
(8) Miscellaneous permit. A use permit which
authorizes use of a small boat harbor, an offshore mooring area, or state ocean
waters for other purposes as may be authorized by the department in its use
permit and is consistent with these rules and applicable laws.
(b) Use permits, or where
applicable, Waikiki catamaran registration certificates, shall be issued only
after the department has determined that all applicable laws have been complied
with and that all fees and charges have been paid.
(c) The issuance of any use permit by the
department shall not create a property interest in favor of the permittee to an
unrestricted use of State small boat harbors, facilities or State ocean
waters.
Notes
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