Hawaii Administrative Code

An application may be withdrawn by an applicant upon written notice to the department. An applicant who withdraws an application, or whose application has expired or becomes void, may submit a new application for acceptance by the department. An applicant's seniority begins on th…

When the department cannot issue a use permit to an applicant, a waiting list of applicants shall be maintained by the department. Waiting lists shall be kept in the order of the date of acceptance of the initial, fully completed application. Timely and satisfactorily renewed app…

It is the policy of the department to promptly assign an available berth on a first-come, first-served basis to the first qualified applicant for the type of use requested; provided that the proposed use by the vessel affords maximum, safe, convenient, and efficient utilization o…

(a) When an offer of any use permit, except a temporary permit, is provided, the department shall deliver the offer or send it by certified mail, return receipt requested, addressed to the applicant at the post office address furnished to the department in writing by the applican…

(a) When an offer of any use permit, except a temporary permit, is provided, the department shall deliver the offer or send it by certified mail, return receipt requested, addressed to the applicant at the post office address furnished to the department in writing by the applican…

(a) An applicant for a temporary mooring permit to moor in a temporarily vacant berth who has been offered the use of a berth shall, within seven days after the offer notify the department of any intention to accept or decline the offer. If the offer is declined, an applicant's a…

(a) An applicant for a commercial or miscellaneous permit who has been offered one of these permits shall within seven days after the offer is made notify the department of an intention to accept or decline the offer. If the applicant declines the offer, the applicant's applicati…

A use permit shall be issued only if: (1) Proper application has been submitted; (2) An adequate berthing facility is available, and, in the case of a commercial or miscellaneous permit, the necessary state property or facility becomes available; (3) The applicant is eligible for…

Regular mooring permits shall be issued for a period not to exceed one year. Temporary mooring permits shall be issued for the period stated in the permit but not to exceed thirty days. Commercial and miscellaneous permits shall be valid for the period of time indicated by the de…

The department may issue or renew a use permit for any period up to, but not exceeding one year. Upon expiration of the period stated therein, the permit and all rights of the permittee thereunder shall automatically terminate. No use permit shall be renewed unless the conditions…

No person shall make fast any rope or mooring lines from any vessel, other than a small craft, to any wharf or part thereof except to the mooring piles, bitts or cleats provided for that purpose. Notes Haw. Code R. § 19-42-4 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3)…

(a) An unassigned berth (a berth that is not assigned to a permittee by a regular mooring permit) shall first be offered to the senior applicant holding a regular mooring permit authorizing the applicant to moor in the harbor who has applied for movement to another berth within t…

The department may issue a temporary mooring permit for a berth because of the following reasons: (1) a berth assigned to a regular permittee will be temporarily vacant while the regular permittee's vessel is temporarily absent; (2) a berth will be temporarily vacant during the t…

Temporary use of a berth by a temporary permittee does not grant the temporary permittee any right to retain the use of the berth or any other space in the harbor. The temporary permittee shall remove the temporary permittee's vessel from the berth and the harbor upon expiration …

Priorities for allocation of temporarily vacant berths for interim use as they become available shall be as prescribed in this section. (1) First priority. The senior applicant to moor a transient vessel who applied in advance in writing for interim use of a temporarily vacant be…

If the permittee fails to remedy any breach of any of the duties, covenants, or conditions of the permit or to desist from violating or permitting violation of these rules, the department may revoke the permittee's use permit, or, at its discretion, refuse to renew the permittee'…

A use permit may be cancelled by a boat owner upon thirty days' written notice to the department. Notes Haw. Code R. § 19-42-45 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

The awarding of a regular mooring permit entitles the owner to the use of a specific mooring or berthing facility identified by berth number and location. The permittee may occupy the assigned berth only with that vessel described in the permittee's application for mooring permit…

A permittee holding a regular mooring permit to moor in the harbor may, upon written approval by the department, exchange the permittee's berth with another permittee holding a regular mooring permit to moor in the harbor if: (1) the vessels are suitable for the berths as determi…

A permittee may not transfer, either temporarily or permanently, a use permit or berthing space to anyone for any purpose. This authority is vested only in the department. Whenever a permittee parts with possession of or transfers title to or interest in the vessel identified in …

A regular mooring permit and related use permits issued to a vessel shall automatically expire if the vessel is absent from its assigned berth for more than fourteen days, unless the permittee who wishes to retain the permit submits an application prior to departure on a form fur…

All vessels over three hundred gross registered tons lying alongside a wharf shall display a light visible from the harbor or fairway during the period between sunset and sunrise. All vessels over three hundred gross registered tons, other than barges, shall have a safe and prope…

All small craft and smaller commercial vessels moored or berthed at a state-owned or controlled pier, wharf, quay, bulkhead, landing dolphin, anchorage, mooring, or other facilities located in the shore waters, navigable streams, harbors, ports, and roadsteads of the State shall …

The department reserves the right to conduct audits to determine the validity of maintaining a vessel's classification, the fees owing to the department, and any other information necessary and proper to enforce these rules. Information normally needed includes standard business …

Minor repairs to small craft and smaller commercial vessels may be made at the assigned berth and shall be completed within thirty days. If repairs are estimated to, or actually do, require that the vessel be out of service for more than thirty days, prior approval shall be sough…

No person shall moor any small craft or contrivance used solely or principally for the purpose of living aboard in any commercial harbor of the State. Notes Haw. Code R. § 19-42-53 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

For safety reasons, one person may remain aboard a vessel with a valid mooring agreement twenty-four hours a day as a safety watch. A list of the name or names of persons who will rotate as the single safety watch shall be submitted to the department in writing for approval. The …

The department is vested with the sole authority to issue regular and temporary mooring permits. Any vessel occupying a berth without a valid mooring permit issued by the department is in violation of these rules. The vessel owner shall be subject to appropriate legal action and …

The department may impound and remove or dispose, or engage others to impound and remove or dispose, from the harbor, or from a particular berth, any vessel whose presence is contrary to law, or these rules or when the department deems it necessary to protect persons using the ha…

The procedures under this section shall be used for any administrative hearing conducted by the harbors division as required by law. An administrative hearing officer shall be appointed by the director. Upon setting the time for the hearing, the administrative hearing officer sha…

If a boat owner is delinquent in the payment of any fee or charge, including costs of impoundment and removal, or if a vessel is abandoned, the department may institute proceedings pursuant to law to secure the attachment and sale of the vessel. In order to recover unpaid indebte…

The owner of a boat in danger of wreckage, damaging other property, sinking, or obstructing waterways shall be advised by the department to take immediate remedial action. If upon due notice and after a reasonable time (not to exceed ten days) has elapsed and the owner has failed…

The master agent or owners of a vessel, other than small craft, arriving at or departing from the harbors under the jurisdiction of the department, including but not limited to Honolulu, Kewalo, Barbers Point, Kaumalapau (if applicable), Kaunakakai, Hilo, Kawaihae, Kahului, Nawil…

No person shall stop or moor a vessel for any purpose other than for the expeditious loading, unloading, or fueling in any place marked as a vessel loading zone during the hours when the regulations applicable to such loading zone are effective. No person shall leave a vessel una…

The anchoring of small craft or smaller commercial vessels in heavily traveled channels or main thoroughfares within commercial harbors is prohibited. Anchoring within Kewalo Basin is prohibited except for emergencies. Notes Haw. Code R. § 19-42-61 [Eff 5/20/82; am and comp 2/26/…

The department shall nest vessels when it deems it to be necessary. Nesting assignments shall be made with due regard to the relative lengths of the vessels involved, their construction and any other pertinent characteristics. Notes Haw. Code R. § 19-42-62 [Eff 5/20/82; comp 2/26…

Each permittee shall be responsible for keeping the area near the permittee's assigned mooring free from litter, debris, and discard. Water hoses attached to available hose bibs must be fitted with automatic shut-off nozzles. Notes Haw. Code R. § 19-42-63 [Eff 5/20/82; am 12/20/8…

No structure shall be built on or placed on and no modification shall be made to the wharf, pier, or terminal area without the prior written approval of the department. Notes Haw. Code R. § 19-42-64 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3…

Sailing vessels shall only be permitted in the Kewalo Basin channel if they are equipped with and are using motor power. Notes Haw. Code R. § 19-42-65 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

Safety regulations in sections 19-42-134, 19-42-135, 19-42-136, 19-42-138, and 19-42-139 shall be observed by small craft and smaller commercial vessels if applicable. Notes Haw. Code R. § 19-42-66 [Eff 5/20/82; am and comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2,…

During emergency conditions and when necessary to protect life and property, the department may deviate from these rules. Notes Haw. Code R. § 19-42-67 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

Provisions from other chapters of these rules particularly those sections relating to safety, cleanliness, use of facilities, welding and burning operations, and liability are applicable to commercial harbors where small craft or smaller commercial vessels are moored. Notes Haw. …

A qualified marine surveyor can apply to be placed on the list of approved marine surveyors by writing a letter of application to the department citing the applicant's qualifications including schooling, work experience or other germane background and requesting to be considered …

No person shall cause or permit any vessel, raft, log, or other floating object to come alongside of or to be moored to or near any wharf in any manner that may cause damage to such wharf or to interfere with the use of such wharf by others rightfully entitled to its use. Where c…

Notes Haw. Code R. § 19-42-70 12/20/85

Notes Haw. Code R. §§ 19-42-71 to 19-42-80

Handling of shipments of explosives and other hazardous materials as defined in Title 49, Code of Federal Regulations, as it existed on June 1, 1993, shall be permitted only after a full compliance by shipper, carrier, and terminal operator with all applicable rules and regulatio…