Haw. Code R. § 13-231-67 - Limitation on commercial use permits issued for the use of state boat launching ramps
(a) State boat
launching ramps were constructed for the primary purpose of providing access to
the waters of the State for trailered boats. Therefore, commercial use permits
issued for the use of state boat launching facilities shall be restricted to
boats that are regularly launched and recovered from boat launching ramps and
used in the course of doing business. A commercial use permit shall be required
for any trailered vessel which is rented off-site, but launches or recovers
from a state boat launching facility. The owner of a trailered vessel shall be
required to obtain a commercial use permit and comply with ail other rules of
the department governing commercial vessel activities. Notwithstanding the
limitation of the number of commercial use permits which may be issued for
launching ramps in subsections (d) (1) through (d) (23) below, the owner may
apply for and may be issued a commercial use permit for the number of vessels
owned and registered in furtherance of its commercial use by the business on
the 1994 effective date of these rules. Vessels registered to boat dealers and
manufacturers and used for the purpose of conducting sea trials and instruction
of prospective owners shall be exempt from commercial use permit
requirements.
(b) No commercial use
permits for the use of state boat launching ramps shall be issued for the
purpose of embarking or disembarking passengers by small craft or lighter from
a vessel moored offshore.
(c) A
commercial use permit issued for the use of a state boat launching ramp shall
also be valid for all other state boat ramps on the same island at which
commercial activities are permitted except those listed in subsection (d);
provided that the permittee shall indicate which launching ramp is expected to
be the location of primary use and the fees derived from three percent of gross
revenues shall be paid to that account. No commercial use permit shall be
issued for a launching ramp located on an island other than the place of
business of the permittee.
(d) The
maximum number of commercial use permits which may be issued for the use of the
following launching ramps are:
| (1) | Ala Wai | - 3 |
| (2) | Keehi | - 3 |
| (3) | Heeia Kea | as provided for in section 13-256-73.1 |
| (4) | Maunalua Bay | - 5 |
| (5) | Mala | - 15 |
| (6) | Kihei | - 15 |
| (7) | Manele | - 3 |
| (8) | Kaunakakai | - 5 |
| (9) | Kukuiula | - 6 |
| (10 | Lahaina | - none |
| (11) | Maalaea | - none |
| (12) | Kikiaola | - 10 |
| (13) | Nawiliwili | - 5 |
| (14) | Port Allen | - 9 |
| (15) | Waikaea | - 5 |
| (16) | Honokohau | - 35 |
| (17) | Kawaihae (N) | - 5 |
| (18) | Kawaihae (S) | - 10 |
| (19) | Puako | - 4 |
| (20) | Pohoiki | - 4 |
| (21) | Wailoa | - 10 |
| (22) | Kailua Pier | - 6 |
| (23) | Keauhou | - 11 |
| (24) | All others | - no limit. |
(e) The maximum number of commercial use
permits that may be issued for the use of any launch ramp is two (2) per
business entity or sole proprietor registered to do business in the state.
Notwithstanding this section, all owners of commercial use permits on the
effective date of these rules may continue operations and be permitted to apply
for and renew their commercial use permits subject to compliance with all other
conditions set forth in this chapter until their total number is reduced by
attrition or other means to the numbers in subsection (d)."
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.