Haw. Code R. § 13-74-23 - Commercial marine vessel license

(a) The department shall, upon receipt of a valid application and appropriate fee payment, issue a commercial marine vessel license to any qualified individual.

(b) A qualified individual is anyone who:

(1) Possesses a valid commercial marine license;

(2) Is at least eighteen years old;

(3) Provides proof of identify; and

(4) Does not have any unmet child support obligations pursuant to section 189-2, HRS.

(c) Any qualified individual applying for a commercial marine vessel license shall file an application on an approved application form that is available from the department. The application shall be completed in its entirety. Failure to provide a completed application or providing false or misleading information on the application may result in delay or denial of the application.

(d) A commercial marine vessel license is valid from the date of issuance and shall expire on the expiration date of the licensee's commercial marine license. A commercial marine vessel license is valid only for a specific vessel and is nontransferable. A qualified individual may obtain and possess more than one commercial marine vessel license at a time.

(e) The fee for the issuance or renewal of a commercial marine vessel license is:

(1) $100 for any vessel less than twenty-two feet in length that is not used for longline fishing;

(2) $200 for any vessel twenty-two feet in length or greater that is not used for longline fishing; and

(3) $1,500 for any vessel used for longline fishing, as defined in section 189-2.5, HRS. The fee for a duplicate license is $10.

(f) If a commercial marine vessel license is issued for a longline vessel, the commercial marine vessel licensee shall file an annual report with the department that contains the following information about all crew members who worked aboard the longline vessel during the license period:

(1) Identity;

(2) Nationality;

(3) Arrival date in Hawai'i

(4) Departure date; and

(5) Any other information the department may require.

The longline annual report shall be submitted to the department within thirty days of the end of the license period.

(g) If a commercial marine vessel license is issued for a vessel providing charter services for the taking of marine life, the license shall satisfy the commercial marine license requirement for all crew members. The commercial marine vessel license does not exempt charter fishing vessel passengers or customers from the requirement to have a nonresident recreational marine fishing license or any other license required by law. For purposes of this section, a "passenger" is any individual on board a vessel who is not a member of the vessel's crew.

(h) If a vessel for which a commercial marine vessel license is obtained is lost, destroyed, stolen, sold, transferred, or otherwise no longer in the possession or control of the licensee, the licensee shall immediately notify the department, and the license shall be terminated.

(i) The commercial marine vessel license shall be kept aboard the vessel at all times while participating in commercial fishing activities and shall be made available for inspection upon demand.

(j) Persons issued a commercial marine vessel license shall submit reports of the vessel's fishing activity. Such reports shall be submitted to the department monthly pursuant to section 13-74-2(5); provided that persons taking bottomfish, as defined in chapter 13-94, in the main Hawaiian islands shall, in addition to their monthly reports for species other than bottomfish, submit trip reports of their bottomfishing activity pursuant to section 13-74-2(6). Monthly and trip reports are subject to section 13-742; sections 189-3 and 189-3.5, HRS; and as may be otherwise provided by law.

Notes

Haw. Code R. § 13-74-23

[Eff and comp 5/2/2024] (Auth: HRS §§ 189-2, 189-3, 189-3.5) (Imp: HRS §§ 189-2, 189-3, 189-3.5)