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HomeMy WebLinkAboutCOM 0453.005 2004-2006 i Department of Land and Natural Resourcxs Amendments to Chapters 13-230, 13-231, 13-232,13-233, 13-234, 13-241, 13-242, 13-244, 13-250, 13-251, 13-252, 13-253, 13-255, 13-256 Hawaii Administrative Rules 1. Section 13-230-4, Hawaii Administrative Rules, is amended to read as follows: 13-230-4 [Penalties] Fmes penalties and prosecution. u Any person who violates any of these rules or who violazes any lawfiil command issued pursuant to these rules [by any small boat harbor master, harbor agent or any boating district manager, while in the discharge of that person's duty, shall be guilty of a misdemeanor. Recommended fines for each violation are as set forth in the bail schedule for boating, small boat harbors, ocean waters, navigable streams and beaches, provided that nothing in these Hiles shall prole-bit a court from imposing the maxirntun fine of not more than $ l 0,000 for each violation as provided in section 200-14, Hawaii Revised Statutes. In addition to or as a condition to the suspension of any fines, the offender may be deprived of the privilege of operating or mooring any vessel in state waters for a period of not more than two yea[s] shall be subiect to tines and penalties as [pnescr'bed] provided in [section] sections 200-14, 200-14.5. and 200-25. [Hawaii Revised Statutes] HRS. Prosecution of offenders shall be as provided by law. bL1 Administrative fines as provided in section 200-14.5 HRS. assessed for violation of these rules shall be determined by the board of land and natural resources." [J?ff2/24/94 am and comp ] (Auth: §§200-2, 200-3,200-4, 200-14, 200-14.5, 200-25) (Imp: 200-2, 200-3, 200-4, 200-14, 200-14.5, 200-25) 2. Section 13-230-6, Hawaii Administrative Rules, is amended to read as follows: "513 X30-6 Notice- Wherenoiice-to a per~tittee, co-own,*, lien holder, Dome: any other party is required by [this chapter] these rules, the department shall [effect service] provide notice by one of the following trrethods: (1) Posting the notice in a conspicuous place aboard the per~ttee's vessel or at the assigned berth; (2) Mailing the notice to the person by certified mail, return receipt requested, at the person's last [imown] address nn record provided that service by mail is deemed received and completed five workin days after the date of mailing; or (3) Yetsonal service; provided that in an emergency, where life or property is c:nclangered or if a vessel may interfere with other vessels, com7ruction or maintenance of'berthing facilities, or with the free and proper navigation of a waterway unless immediate action is taken, remedial. action 1 yf3•S Comm. ~o•~. _ Ref. To: n Submitted by Jim Tinsman Ref [late may be taken by the department without prior notice." [F.fT2/24/94 am and comp ) (Auth: HRS §§200-4, 200-9, 200-10, 200-22, 200-24) (Imp: I II2S §§200-4, 200-9, 200-]0, 200-22, 200-24) 3. Section 13-230-8, Hawau Administrative Kules, is amended by deleting one definition and adding new definitions to read as follows: "13-230-8 Definitions. "Boatowner" means the legal owner of a vessel where there is no security interest held by anyone on the vessel, a buyer under a purchase money security interest, a debtor under any security interest, a demise charterer of a vessel, or a lessee or charterer of a vessel under lease or charter which provides the lessee or charterer with exclusive right to possession of the vessel to the exclusion of the lessor or the person from whom the vessel is chartered[.], provided that in cases where the ovvner of the corporation or other business entity leasing or chartering a commercial vessel and the lessor or charterer of the conunercial vessel is the same Berson, the physical operation ofthe vessel by the lessor or charterer shall not compromise the exclusive right of possession of the vessel by the corporation or other business entity. The documentation of ownership must meet the requirements of section 13-241-5(c) or proof of ownership for vessels described in section 13-241-2. *ss "Beaches of the State," means all of the shoreline fiom the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves to the base line of the territorial seas, or where a survey has been performed to determine the boundaries of the beaches of the State under the jurisdiction of the division of boating and ocean recreation." *s* "Commercial activities" means any activity conducted by a person. or corporation. including any not-for-profit orgurization. engaged in an~rade or business involvine sen~ices rendered to indi~~duals ir, coniunction u~itit a use or acv at aSiate-0oarinu facility. withina-desig~tated parasaiL thrill craft, high speed boating or water sledding commercial operaiingarea or on beaches of the State." "Commercial vessel" means a vessel used for conducting commercial activities on the waters of the State that is owned or ]eased by a person, corporation or any legal entity where proofof ownership meets the requirements of section 13-241-5(c), or documented with the United States Coast Guard." "Manua(ly-propelled vessel" means a manually-propelled vessel primarily moved onh~ by hands. feet, oars, poles or Baddles. Surfboards shall not be considered a vessel and shall be excluded from this definition, *s* "State boating facility," means a State small boat harbor, boat ramp, ofl=shore 2 mooring pier wharf State propertv or landing under the iurisdiction of the department."" [Eff 2/24/94; am and comp ] (Auth: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-0, 200-10, 200-22, 200-24) 4. Section 13-230-25, Hawaii Administrative Rules, is amended by amending subsection (b) to read as follows: "§13-230-25 Particulazcategories. [(b) Minors. (1) Unemancipated minor. The residence of an unemancipated minor is the residence of the minor's father, if living, or the residence of the minor's mother, if the father is deceased. (2) Divorced pazents. Ifthe parents of an unemancipated minor aze divorced, the minor's residence is that of the person to whom the minor's custody has been awazded by the court. If no awazd of custody has been made, the minor's residence is that of the father. However, if the minor maintains the minor's primacy abode with the pazent not having legal custody, residence of the minor is determined by that pazent with whom the minor's primary abode is maintained. (3) Separated pazents. If the pazents of an unemancipated minor aze sepazated, without a divorce having been granted or custody awazd having been made, the minor's residence is that of the father if the minor is not living with either parent. If the minor maintains primary abode with a pazent, the minor's residence is the residence of that pazent. (4) Death of a parent who had custody. The residence of an unemancipated minor becomes that of the surviving pazent upon the death of the parent who had the minor's custody. (5) $oth pazents deceased. If both parents are deceased, the residence of the unemancipated minor mma;n~ that of the Last parenYto die until changed by court order. Upon court appointment of a guardian-for the minor, the residence of the minor becomes that of the guardian. (6) A nonresident unemancipated minor attending an institution of higher learning outside of Hawaii or on active duty with the United States Armed Forces, whose parents become residents of Hawaii, and who would reach majority before deriving Hawaiian residence from the minor's pazents' new status, may be classified as a resident for lee purposes when the minor's pazents have completed twelve consecutive months of residence; provided that such classification will be lost if actions inconsistent with resident status are taken after leaving such institution or discharge from the military (e.g., failure to promptly make a home in Hawan). (7) If an unemancipated minor's pazents lose their Hawaii residence, the minor 3 will be classified as a nonresident at the next residence determination date. However, if the pazents' change of residence is due to obedience to active- duty military orders, the minor shall continue to pay only resident fees and chazges as long as one of the minor's pazents remain on active duty and in a Hawaii resident status. (8)] Lb,) Emancipated minors. An emancipated minor shall be considered an adult for purposes of [residence hereunder] determining residences. The following shall constitute indications of emancipation, no one of which is controlling: [(A)] ~ Financially independent or self-supporting. [(B)] ~ Subsistence not provided by parent or legal guazdian. [(C)] u Prior military service. [(D)] ~ Other primary and secondary indications of residence [enumerated] as provided under section [13-230-24] 13-230-23. [(E)] ~ Any other conduct inconsistent with parental control and custody. [(9) Hanai. A person may base the person's residency on that of other than the pazent or legal guazdian, provided that the relationship between the person and the person or persons other than the pazent or legal guazdian is that of "hanai" [Eff2/24/94; am and comp ] (Auth: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) 5. Section 13-231-3, Hawaii Administrative Rules, is amended to read as follows: "§13-231-3 Use permits; issuance. (a) "Use permit" as used in these rules means the authorization by the department to utilize state boating facilities[, offshore mooring azeas, offshore mooring] and waters of the state [ocean waters], as evidenced by the fitlly execated "agreeme~"-described insertion 13-231-2. The deparanent may issue the following types ofuse-permits: (1) Mooring permit. A use pemvt which authorizes the doc)cing, mooring, or anchoring of a vessel at a [small boat harbor or offshore mooring area] state boating_facility. (A) Regulaz mooring permit. A use permit which authorizes the pemrittee to moor a vessel in a state [small boat hazbor or at an offshore mooring azea] boatin fQ acility for a period not to exceed one year from the date of issuance. (B) Temporary mooring permit. A [non-renewable] use permit which authorizes the permittee to moor a vessel in a state [small boat harbor or at an offshore mooring area] boatine facility for a period of thirty days or less from the date of issuance. 4 (2) Hazbor resident permit. A use permit which authorizes use of a state [small boat hazbor] boating facility by the pernvttee for the purpose of residing on board a vessel authorized by the department to be used as a principal place of habitation while moored in Ala Wai or Ke'ehi [boat harbor or in Ke'ehi Lagoon] state boatin>; facilities. (3) Stay aboazd permit. A use permit which authorizes use of a state [small boat hazbor or offshore mooring] boatine facility by the permittee for the purpose of staying aboard a vessel while moored or anchored in a state [small boat harbor or at an offshore mooring] boating facility [or at anchor]. (4) Vacation permit. A use permit which authorizes use of the [small boat hazbor or an offshore mooring area] state boatin fae cility by the permittee for the purpose of using a vessel as a vacation site while moored or anchored in a state [small boat harbor or at an offshore mooring] boating facility [or at anchor]. (5) Principal habitation permit. A use permit which authorizes use of the [small boat hazbor] state boatin¢ facility by the permittee for the purpose of using the vessel as a principal place of habitation while moored in Ala Wai or Ke'ehi [boat harbor or in the Ke'ehi Lagoon mooring area] state boat facilities. (6) Living aboazd permit. A use permit which authorizes use of a [small boat harbor] state boatine facility by living aboazd a vessel at a [small boat hazbor] state boating_faciliri other than Ala Wai or Ke'ehi [boat harbor] state boating_facilities. (7) Commercial activi permit. A use permit which authorizes the owner of a commercial vessel to use a [small boat hazbor and its facilities or an offshore mooring] state boatine facility or beaches of the State for commercial activities as specified in the commercial activity permit. (8) Storage permit. A use permit which authorizes use of a [small boat hazbor] state boatine facility storage area for vessels or other items on land [at a small boat hazbor]. (9) Miscellaneous permit. A use permit which authorizes use of a [small boat harbor or an offshore mooring azea] state boating facility 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 shall be issued only after the department has determined that the applicant has complied with all applicable laws [have been complied with] and that all fees and chazges have been paid. (c) The issuance of any use permit by the department shall not create a property interest in favor of the pernvttee to an unrestricted use of [state small boat harbors, facilities] a state boatine faciliri or the waters of the state (ocean waters]." [Eff 2/24/94 am and comp ] (Ruth: HRS §§200-2, 200-3, 200-4, 200-6, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-6, 200-10, 200-22, 200-24) 5 6. Section 13-231-6, Hawaii Administrative Rules, is amended to read as follows: 13-231-6 Revocation of use fpemutl nernuts. (a) Unless otherwise provided by law or rule, [tfJ if after giving thirty calendar days notice [and lapse of a reasonable period of time] as provided in section 13-230-6, the permittee fails to initiate remedy of any breach of the duties, covenants or conditions of the permit or to desist from violating [or permitting violation of] these rules or conditions of the permit, the department may revoke the pemuttee's use permit. Revocation of the use permit shall not preclude the State from pursuing any appropriate criminal action or administrative penalri aeainst the permttee. (b) In addition to subsection (a), the department may revoke a use permit for a deliberate misstatement or wilful failure to disclose any material fact in an application for a vessel number, documentation, registration of a vessel, or any of the use permits specified in section 13-231-3. ~ Notwithstanding subsections (al and (b), an~commercial activity or living aboard permiigee whose permit is under review for conditions and deficiencies that may lead to the revocation or denial of a renewal of thepermit, shall be allowed an informal review procedure, as descn'bed in section ] 3-231-33. Notwithstanding section 13-231-33, the department may immediately revoke a commercial activity_permit for any activiri that endangers the health or safety of passengers or the public, or for submittine fraudulent information on a permit application and the permiee shall have no right to retain the commercial activity permit. ~ Notwithstanding section 13-231-33, the department may immediately revoke a commercial activiripermit for the delinquency in payment of any fees owed to the department in excess of sixty days after the fees become delinquent and the permttee shall not retain the commercial activitypermit unless the deficiency is corrected within thirty days from the date of revocation." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-4, 200-10, 200-22) (Imp: HRS §§200-z, zoo-4, 200-10, 200-22) 7. Section 13-231-13, Hawaii Administrative Rules, is amended to read as follows: "§13-231-13 Joint and several liability: non-transferability of use [permitl__~rmits. (a) All persons whose signatures have been affixed to any agreement with respect to a vessel shall be jointly and severally liable for [the full performance of such agreement] abiding, by all the conditions of a permit. [No use permit shall be transferable, so that whenever] Unless otherwise provided by law, whenever a permttee parts with possession or transfers the [title to] ownership of the vessel or 11»X interest in the vessel identified in the permit to another person by any arrangement, the use permit shall not be transferrable and the permit shall automatically expire except as provided [herein] in this section [with respect to the original pernuttee]. The new [possessor, transferee, or] vessel owner shall have no right to [use the space covered by] the expired use permit or any of the conditions 6 on the ex~ued permit. (b) Notwithstanding subsection (al. [Upon written] when an application has been submitted to the department and [approval] the application has been approved by the department: (1) The original permittee may retain the mooring space under the [permittee's] on final permit; provided that the permittee moves another vessel into the mace that conforms to the dimensions of the berth and that the permittee pavs all applicable fees within thirty days [the pemvttee moves into the space another vessel owned by the permittee of appropriate characteristics for occupancy of the berth and pays the appropriate fees therefor]; The department may extend the deadline for a permittee to move another vessel into the sQace if conclusive evidence is presented by the permittee that shows that additional time is reasonable and essential to prevent undue hardship provided that the extended deadline shall not exceed one veaz from the date of sale or transfer of the,previously assigned vessel: [(2)] A principal owner may retain a berth if that owner acquires the interest of one or more co-owners because a co-owner has died or moved out of the State; [(3)] l~ An owner may retain the berth ff an interest in a vessel is transferred to the owner's spouse or other immediate family member; or [(4)] ~ Unless otherwise provided by law, [The] the spouse of a pemuttee may retain all [small boat hazbor use] state boating facility permits held by the permittee upon the nermittee's death [of the pemrittee], provided that the permittee's will or a court decree states that the spouse shall be awazded ownership of the vessel identified in the mooring permit(; or]_ [(5) The department may extend the deadline for the permittee to place a new vessel in the assigned berth if conclusive evidence is presented to the department that the granting of additional time for compliance is reasonable and essential to prevent undue hazdship, provided that any extension of time necessary to place a new vessel in the berth shall not exceed one hunrired twenty daysfrcrmthe-date uf~e-or-trarsferof-t)~pcevionsly assigned vessel.] (c) Notwithstanding (the requirements ofJ subsection (a), unless otherwise provided by law, the department may [permit] allow gone-time change in ownership of the permittee's vessel from personal ownership to corporate or other business ownership, provided that the permittee holds a valid commercial activi permit or is engaged in commercial fishing as a primary means of livelihood and notifies the department in writing of an intended change in ownership. The transfer of all [small boat harbor] state boating facility use permits from the individual to the new corporation or other business entity shall be completed within one yeaz of the date of receipt of the notification of intended change of ownership. The following requirements and conditions shall apply to the [foregoing] change in ownership: (1) The ownership of any corporation or ocher business entity formed under the provisions of this subsection shall be limited to the permittee, any co- l owners of the vessel and the [members of the immediate families] spouse and children ofthe permittee a permittee who enters into an employee stock option plan and co-owners; (2) The permittee shall apply for the [reissuance] renewal of the commercial activi permit, mooring permit and any other [small boat harbor] state boating faciliri use permits in the name of the corporation or other business entity in accordance with the application procedures established by this chapter. Each application shall be accompanied by a copy of the charter of incorporation or other evidence acceptable to the department that the new corporation or other business entity is properly registered with the department of commerce and consumer affairs and is licensed to do business in the State; and (3) Each application for change of ownership shall be reviewed by the department in accordance with the provisions of section 13-231-82." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, zoo-9, 200-10, 200-22, Zoo-za) (Imp: §§200-2, 200-9, zoo-lo, Zoo-22, 200-24) 8. Section 13-231-19, Hawaii Administrative Rules, is amended to read as follows: 13-231-19 Salvage. ~ If a moored vessel is [moored so as to be] in danger of [wreckage] wrec ' or sinking, or damaging other property, or [sinking,] interfering with the free and kroper navigation of a waterway, the department shall [upon] rp ovide notice [and after reasonable time has elapsed, not to exceed ten days], as described in section 13-230-6, to [allow] the owner or the owner's (agent] designated representative to inform the owner or owner's designated representative to take appropriate action. not to exceed ten days from the date of notice, [take such action as the circumstances require to save or rescue the vessel, or prevent damage to other property or the obstruction of WatCGw.1yS;} pro~ded-.ila~lt__the. rtrn rtm ~,_t m~ f~ imm_, r~a?g SE,y]e~al artinn _yy~p~yt. prior notice in an emergency situation, where life or property is [endangered] in imminent d er or when the vessel [may interfere] is~rr danger of interfering with other vessels or with free and proper navigation of waterway unless immediate action is taken[, remedial action may be taken by the department without prior notice]. Appropriate fees and charges shall be assessed [against the owner for such services] in accordance with section 13-234-20." [Eff 2/24/94; am and comp ] (Auth: HRS §§200-2, 200-10, 200-22, 200-24)(Imp: IIRS §§200-2, 200-10, 200-22, 200-24) 8 9. Section 13-231-31, Hawaii Adnnistrative Rules, is amended to read as follows: "§13-231-31 Administrative hearine. (a) The procedures under this section shall be used for any administrative hearing conducted by the division of boating and ocean recreation as required by law or rule. (b) An administrative hearing officer shall be appointed by the chairperson. Unless otherwise provided by law, [Upon] anon setting the time for the hearing, the administrative hearing officer shall [make a reasonable effort to transmit a] rp ovide notice as provided in section 13-230-6 to the owners or their attorneys, [if any, last known address, containing the] at least fifteen workingdavs before the hearing and convey the following information: (1) The date, time, place and nature of hearing; (2) The legal authority under which the hearing is to be held; and (3) The fact that any party may retain counsel if the party so desires and the fact that an individual may appear on the individual's own behalf, or a member of a partnership may represent the partnership, or an authorized officer or authorized employee of a corporation or trust or association may represent the corporation, trust or association. ~ For an administrative hearing on the issue of revocation or denial of an existine commercial activity or living aboazd pem~ii the chairoerson. whenever possible. shall point a hearine officer from a list of neutral parties affiliated with an independent or¢anization s~cia mina in alternative dispute resolution. [(c)] ~ All parties shall be afforded an opportunity to present evidence and [azgument] azeuments on all relevant issues involved. [(d)] ~ Any procedure in the administrative hearing may be modified or waived by stipulation ofthe parties and informal disposition may be made of any administrative hearing by stipulation, agreed settlement, consent order, or default. [(e)] ~f A tape recording may be made of the proceedings. No videotaping or other cameras shall be allowed during the hearing. ~ 'ons o` the hearing to the c a; erson within ten working days of the conclusion of the admuristrative hearine. Unless otherwise provided by law the chairperson shall have thirty days from receipt of the findin¢s and recommendations to review accept, reiect, or modify the final recommendations made by the administrative hearine officer, and provide notice, as provided in section 13-230-6 to the ~emuttee reeazding the final recommendations. [(f)] ~ Appeals from the decision may be made in accordance with chapter 91, [Hawaii Revised Statutes] HRS." [Eff 2/24/94 am and comp ] (Auth: HRS §§91-9, 91-9.5, 200-16) (Imp: HRS §§91-9, 91-9.5, 200-16) 9 10. Section 13-231-32, Hawaii Administrative Rules, is amended to read as follows: 13-231-32 Rules of evidence: official notice. (a) The administrative hearing officer may exercise discretion in the admission or rejection of evidence and the exclusion of immaterial, irrelevant, or unduly repetitious evidence as provided by law with a view of doing substantial justice. (b) In administrative hearings: (1) Any oral or documentary evidence may be received, but the department shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence and no sanction shall be imposed or rule or order be issued except upon consideration of the whole record or [such] portions [thereof) of the record as may be cited by any party and as supported by and in accordance with the reliable, probative, and substantial evidence. The department shall give effect to the rules of privilege recognized by law. (2) Documentary evidence may be received in the form of copies or excerpts, if the origuial is not readily available; pro~~ded that upon request parties shall be given an opportunity to compare the copy with the original. (3) Every party shall have the right to conduct cross-examination as may be required for a full and true discloswe of the facts, and shall have the right to submit rebuttal evidence at the time of the hearing. The department may take notice of judicially recognizable facts. In addition. it may take notice of eQ nerally recognized technical or scientific facts within its specialized knowledge; but parties shall be notified either before or dwin~ the hearing, or by reference in preliminarv reports or otherwise, of the material so noticed, and it shall be afforded an onoortunity to contest the facts so noticed. [(4)] ~ Except as otherwise provided by law, the party initiating the proceeding shall have the bwden of proof including the bwden of producing evidence as_tivellas tha hnr~tan aeS. T}]~.degTCe Of1}»anfiimnf rn'nQfShall be a preponderance of the evidence. Notwithstandingpazaeraph (51, when a commercial activity or living aboazd permit has been revoked or renewal of a commercial activit~or living aboazd permit has been denied, the department shall have the bwden of proof, including the bwden of producing evidence as well as the bwden o~,persuasion. The degree of quantum of proof shall be a preponderance of the evidence." [Eff2/24/94 am and comp ] (Auth: IIRS §§9]-9.5, 91-10, 200-16) (Imp: HRS §§91-9.5, 91-10, 200-16) 10 11. Chapter 13-231, Hawaii Administrative Rules, is amended by adding anew section 13-231-33 to read as follows: "§13-231-33 Informal review procedwes. (a)The procedwes under this section shall be used by the division of boating and ocean recreation for the purpose of reviewing circumstances or deficiencies that ma~lead to the revocation of a commercial activiri or living aboard permit pursuant to section 13-231-6 or denial of a commercial activity or livinp_aboazd permit renewalpwsuant to section 13-231-61. jb Any infomration received by the department that may lead to the denial of a renewal of a commercial activity or livine aboard permit or the revocation of a commercial activiri or living aboard Hermit shall be forwarded to the office administering the Hermit for review and verification Upon determination that the information is substantive in natwe that office shall provide notice as described in section 13-230-6 to the commercial activiri or living aboard permittee within five working days and provide the following: u A description of the alleeed deficiency violation, or activity that may place the commercial activiri or living aboard permit at risk: Recommendations for corrective action: and A time period in which to complete the corrective action. ~ An informal review of the issues by the administrator of the division of boatino and ocean recreation may be requested b~he permittee if the permittee believes the reported allegations are false or if there are extenuating circumstances or if the recommended correctives actions or the time allowed for con•ection. are overly burdensome or unrealistic. ld1 Upon recei t of the request for an informal review of the issues, the division administrator shall convene an informal review panel composed of the senior managers of at least three boating districts or they designated representatives, to heaz azguments and review any evidence for statewide consistency and application. Let The meeting of the informal review panel as described in subsection (d), shall be scheduled for a date that is mutually convenient for both the division of boating and ocean recreation and the pemvttee but shall not be more than forty-five days from the date ©f recerpl of-~e-regaect f ~ .,.f rn»t rnarinv~ f~ The division administrator shall notify the commercial activity pernvttee of the final recommendations of the infomaal review panel witltia ten working days a8er the meeting of the informal review panel The permittee shall have thirty working days after receipt of the final recommendations of the informal review panel to accept, in writing, the recommendations or request an administrative heatine if the recommendations include either revocation of the pemrit or denial of renewal of the permit Failwe to inform the department within t1L*w working days of the pernrittee's decision shall cause the commercial activity or living aboazd pemut to automatically expire and the commercial activity or living aboaz~rmit shall be offered to the next applicant. ~ Unless otherwise provided bKthese rules the commercial activity or living aboard permittee shall be allowed to continue operations or moorine of the vessel for the duration of the informal review procedwe or an~ subsequent administrative heazing. If the period of review extends beyond the expiration date of the commercial activiri or living 11 aboazd Hermit a temporary permit shall be issued to the commercial activity or livine aboazd~ermittee to allow continued operations or moorine of the vessel until the review process is completed." [Eff ] (Auth: HRS §§200-2, 200-3, 2oo-a) ](lmp: HRS §§200-2, 200-3, zoo-a) 12. Section 13-231-45, Hawaii Administrative Rules, is amended to read as follows: 13-231-45 Vessel inspections. (a) "Approved marine surveyor" as used in this section means a person who has been approved by the chairperson to inspect a vessel for an owner seeking a permit to moor a vessel in a [small boat hazbor] state boating facility in accordance with subsections (h) and (i). "Approved vessel inspector" as used in this section means an employee of the department who has been designated by the chairperson to inspect a vessel for compliance with criteria necessary to obtain a mooring permit. An inspection conducted by an approved vessel inspector or marine surveyor is deemed to meet the requirements of the marine inspection required by section 200-13, [Hawaii Revised Statutes] HRS, and shall be valid for a period of [only one yeaz] not more than two veers. [(b)] i~ Before a regular mooring pernut [is] >~be issued [or renewed], the vessel owner shall [complete a satisfactory vessel inspection conducted by an approved vessel inspector, or present a certificate not more than two years old to the department at the owner's own expense] be required to submit along_with the regular moorine permit application. a current vessel insnection certificate signed by an approved marine surveyor or approved vessel inspector who [certifying the surveyor has inspected] certifies that the vessel [and considers it to fulfill] fulfills the minimum requirements described in the exhibit at the end of this chapter [entitled] titled "vessel inspection report". The department reserves the right to inspect any vessel to ensure that any deficiencies or omissions noted on a marine survey have been corrected prior to issuing a permit. [(c)] u Commercial vessels carrying more than six passengers for hire and vessels regime ardeate~•°es-e ~`P of subsection [(b)] ~ when evidence of a current Coast Guazd certificate of inspection or commercial fishurg vessel esaan is presented. [(d)] ~ Owners of vessels failing the vessel inspection shall have thirty days to correct deficiencies and complete the inspection. The current vessel inspection certificate shall be submitted no earlier than one hundred and twenty calendar days and no later than ninety calendaz days prior to the exQrration of a regular mooring_~pemut to allow time for the correction of env deficiencies before the expiration of the regular mooring permit. Failure to do so [will] ~ preclude [re-issuance] the issuance of the [use] re lar mooring permit or be cause for rejection of the application for mooring. [(e) The department may extend the deadline for correction of deficiencies prescribed in subsection (d) if the vessel owner presents conclusive evidence to the department that the granting of additional tune is reasonable and essential due to the necessity of replacing essential parts and geaz and that reasonable and diligent efforts by 12 the owner to secure the items necessary to repair the vessel or replacement of parts is demonstrated, and further provided that any extension of time for compliance shall not exceed sixty days.] (f) Owners of vessels that fail the vessel inspection may contest the decision at an arbitration board as established in section 200-13, [Hawaii Revised Statutes] IIRS, provided that the approved marine surveyor or annroved vessel inspector who performed the original inspection shall not be a member of the arbitration boazd. The costs of the azbitration shall be home by the vessel owner if it is detemrined that the vessel does not meet the minimum requirements to moor [in] at a [small boat hazbor] state boating_facility in accordance with these rules. Ifthe arbitration boazd agrees with the department. [No] no additional time [allowance] shall be allowed for the correction of deficiencies [will be ganted following azbitrationJ and the vessel shall be removed from the [small boat harbor] state boating facility. The costs of the arbitration shall be home by the State if it is determined that the vessel does meet minimum requirements. (g) The fee for a vessel inspection conducted by the department[, pursuant to this section] shall be as [prescnbed] roP vided in section 13-234-29. (h) A person who desires to become an approved marine surveyor shall apply to the department [upon] on a form furnished by the department and pay the application fee [prescribed] provided in section 13-234-30. (i) An application to become an approved marine surveyor [shall not be accepted by the department unless] may be accepted if: ~1,) (the] The applicant [is] has been engaged for two of the last five years wholly or partly in the business of performing marine surveys for gain; [or compensation] Compensation and the person's current surveys aze acceptable to at least one insurance company or surety company authorized to do business in the State[.] The applicant is engaged in any other capacity e g marine repair work, marine or related brokerage or sales. (j) [An] A permit issLue~d to an approved marine surveyor [permit] shall be valyd_fora per;n~t of}hiPP 3j'P~~fT[lm ~ta4P Af 1CCllan~`P ThP f~PparfmPnt [rCCPNPC th_ r n_o~ht to] revoke arty approvJed marine surveyor permit at arty time [prior to the expiration ofthe permit]. (k) A satisfactory vessel inspection shall consist of the following: (1) Presentation of the vessel to be inspected at a place designated by the hazbor agent; (2) A demonstration that the vessel is capable of being regulazly navigated beyond the confines of the [harbor or mooring area] state boating facility and maneuvering into and out of the assigned berth; (3) A Ending that the vessel and all systems are in good material and operating condition; (4) A finding that the requirements described in the exhibit at the end of this chapter entitled "vessel inspection report" are met; and Applicable standazds published by the U.S. Coast Guard and the American 13 Boat and Yacht Council, Inc. (ABYC) shall be used in conducting the vessel inspection, and aze adopted and incorporated herein by reference. (1) A marine survey shall be required for any vessel [which] that has undergone any substantial reconstruction, alteration or modification of the original vessel design, certifying that such reconstruction, alteration or modification does not materially [affect] reduce the vessel's stability or maneuverability, and the existing power plant is in good operating condition and meets the minimttm power requvement necessary for safe navigation beyond the confines of the [small boat hazbor or offshore mooring area] state boatin fag cility in which it is moored. A certificate of protection and indemnity instuance for the vessel, in an amount of not less than $100,000, naming the State as an additional insured, shall be required in addition to the marine sturvey. (m) No modification or alteration to a houseboat moored in Ke'ehi Lagoon [which] that changes the length, beam or size of silhouette area from that which existed at the time of issuance of the initial mooring permit shall be allowed without prior approval ofthe department, provided that routine maintenance and repairs for safety, security and structural integrity shall be allowed." [Eff 2/24/94; am and comp ] (Auth: IIRS §§200-1, 200-2, 200-4, 200-13, 200-22, 200- 24) (imp: HRS §§200-1, 200-2, 200-9, 200-13, 200-22, 200-24) 13. Section ] 3-231-51, Hawaii Administrative Rules, is amended to read as Follows: "§13-231-5] LBusiness] Commercial activities. a No person, or corporation shall engage in any [business or] commercial activity including rental guided tours, haze boat or demise charters, at any [small boat hazbor or other small boat] state boatine facility, within a designated pazasail thrill craft high speed boating or watersledinQ commercial oneratine area, or Waikiki or Kaanapali beaches without[: (1) Prior] prior written approval of the department[;] or an applicable permit issued by the department. [(2) The proper execution of an agreement with the department.] Vessels owned by the United States are exempted from subsection (al. ~ Unless otherwise provided by rule, all commercial operators or corporations shall be rewired to possess a valid commercial activity permit. Persons or corporations issued commercial activity permits under this section shall be subiect to fees as provided in these rules. u Commercial activitypermits issued by the department shall be made available~on demand by any enforcement officer, or authorized representative of the d~artment." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-4, 200-6, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-6, 200- 10, 200-22, 200-24) 14 14. Section 13-231-56, Hawaii Administrative Rules, is amended to read as follows: 13-231-56 Definitions, gross receipts. Gross receipts as used in this subchapter means all moneys paid or payable to the account of the [vessel owner] commercial activiri permittee, for the rendition of services, or resulting from trade, business, commerce, or sales by the [vessel owner] commercial activity pernvttee when the services, trade, business, comrnerce, [and] or sales [have] )>avina a direct relationship to the [vessel] commercial activityas it relates to the commercial activity permit." [Eff2/24/94 am and comp ] (Ruth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 15. Section 13-231-57, Hawaii Administrative Rules, is amended to read as follows: "§13-231-57 Berthing or using commercial vessels in state (small boat harbors: signs and other structures) boating facilities. (a) This section is applicable [in] at all state [small boat hazbors and boat launching] boating facilities, except Ala Wai and Keehi [small boat hazbors] state boating ficilities. This section is applicable to all commercial vessels including commercial fishing vessels engaged in charter fishing or any other trade or business; provided that commercial fishing vessels are exempt from this section if the total income derived from the use of the vessel is generated through the sale offish or permitted coral. (b) [No] A commercial vessel owner shall be required to possess a valid commercial activity permit in order to load or dischazge passengers or cargo or engage in any other commercial activity at any [small boat harbor] state boating facility [unless the owner possesses a regular mooring permit and a valid commercial permit issued by the department m accordance with this chapter]. The foregoing restrictions shall not apply to any commercial vessel operated in connection with the lease of premises at a small boat harbor. (c) Notwithstanding subsection (b), the department may authorize the owner of a transient or visiting commercial vessel engaged in a trade or business elsewhere to: Carry passengers for hire in the above listed [small boat harbors] state boating facilities if the vessel [will be so engaged as] is a registered participant in a bona fide fishing tournament; (2) While on cruise, off-load and load passengers in the above listed [small boat harbors] state boating facilities if those passengers are embazked elsewhere or bound for another destination; [provided that a reservation for a berth was made in advance and space is available;] or (3) Embark and disembark passengers [occasionaIly and] infrequently, not exceeding [eight times in a calendaz year on a special charter when approved not less than seven days in advance of the voyage] twelve da sin a calendaz ear with prior written approval by the department. Violation of 15 this subsection may result in the suspension of the commercial activity permit and preclude use of the state boating faciliri on the island where the violation occurred for a period not to exceed one year. (d) [A use permit shall automatically expire upon the department's notice to vacate, if any] Any commercial vessel owner or the owner's authorized representative granted a temporary mooring permit under [section 13-231-57] subsection (c) who engages in a trade or business contrary to the provisions of the commercial activity permit issued for the vessel while authorized to be moored in the above listed [small boat harbors] state boating_facilities may be required to appeaz before the board of land and natural resources and pay any penalties that may be assessed as provided in section 13-230-4." [Eff2/24/94; am and comp ] (Auth: HRS §§200-2, 200-4, 200-6, 200-14.5, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-6, 200-14.5, 200-22, 200-24) l6. Chapter 13-231, Hawaii Adrinistrative Rules, is amended by adding a new section 13-231-57.1 to read as follows: "§13-231-57.1 Berthing commercial Waikiki catamarans at the Ala Wai state boating facility. Commercial catamarans authorized by the department to operate to and from Watlciki beach for hire may be allowed to moor in Ala Wai state boating facility at locations leased for commercial purposes after the commercial vessel owner has obtained a mooring permit." [Eff ] (Auth:1~IRS §§200-2, 200-4, 200- 22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 17. Section 13-231-58, Hawaii Administrative Rules, is amended to read as follows: "13-231-58 Limitations on the number of commercial activiri permits for vessels ass]ffied (ns'rmanPntl mnnrings._ [(a) Tbe. Mtal nnmher of valid commercial nermitc which may be issued for vessels assigned permanent mooring in Manele small boat harbor shall not exceed ten per cent of the available berths.] [(b)] Lai The total number of valid commercial acti ' pemuts [which] that may be issued for vessels [assigned permanent mooring] moored in the following [small boat hazbors] state boatin facilities are: azbor State boating facility Number of commercial activity permits (1) Ala Wai 0 (2) Keehi 0 (3) Heeia Kea 7 16 (4) Haleiwa [8] 12 (5) Waianae [15] 30 (6) Nawiliwili [10] 15 (7) Port Allen 12 (8) Kikiaola [3] Z (9) Kukuiula [4] 5 (10) Hana 2 (11) Kaunakakai 9 12 Hale o Lono 5 [(12)] 13 Lahaina [30] 31 [(13)] 14 Maalaea [29] 28 [(14)] 15 Honokohau [120] 135 [(15)] 16 Kawaihae (north) 4 [(16)] 17 Kawaihae (south) I4 [(17)] 18 Kailua-Kona [3] 16 [(18)] 19 Keauhou 6 [(19)] 20 Wailoa 20 [(20)] 21 Reed's Bay 3 Manele ? [(c) Notwithstanding the provisions of subsections (a) and (b) limiting the number of commercial permits which may be issued, the owner of a commercial vessel holding a regular mooring permit and a valid commercial permit on the effective date of these rules for the above listed small boat harbors may retain and apply for reissuance of the commercial permit, provided that all other requirements of these rules are met.] [(d)] ~ [Except for Lahaina Harbor, the provisions of subsection (b) limiting the number of commercial permits which may be issued for vessels moored in a small boat harbor shall not preclude the owner of a vessel moored elsewhere holding a commercial permit for that small boat harbor from being issued a regular mooring pernut for the small boat harbor and retaining] Upon the approval by the department a person or corporation possessing a valid commercial activiri Hermit for a vessel moored elsewhere may be issued a regular moorine Hermit at a state boating faciliri listed in subsection (a), and retain the commercial activit permit, provided that the pernuttee relinquishes the vessel moored 17 elsewhere permit and that the total number of valid commercial activit permits for vessels moored elsewhere shall be reduced accordingly. [The owner of a vessel issued a] A regulaz mooring [permit] pemvttee [and] who Hossesses a valid commercial acti ' permit may, [subject to prior approval of the department,] relinquish the regular mooring permit and retain the commercial activit permit, provided that the total number of valid commercial activi permits for vessels moored in the [small boat harbor] state boating facili plus the number of commercial activi permits for vessels moored elsewhere are not exceeded and that the categ_orv of commercial activity permits assigned to vessels rnoored elsewhere pursuant to section 13-231-59(cl shall not exceed the Hassenger c~acit~of the vessel formerly oHerated in the state boating facility." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (1rnP: I-lRS §§200-2, 200-3, 200-4, 200-22, 200-24) 18. Section 13-231-59, Hawaii Administrative Rules, is amended to read as follows: "§13-231-59 Limitations on commercial activity Hermits for vessels moored elsewhere. (a) [The department recognizes that it may be necessary or desirable to operate a commercial vessel from more than one small boat harbor, and that lack of mooring facilities in certain areas has required numerous vessels to establish permanent moorings offshore, outside of the small boat harbors of intended use. Therefore, notwithstanding] Notwithstanding section 13-231-57, the department may issue, on a case y case basis, a limited number of commercial activity permits to [owners of vessels moored] moor elsewhere [for use of small boat harbor facilities] in an offshore mooring azea when there aze no regular mooringpermits available within a hazbor provided that [The number and categories of those commercial permits shall be based on] the physical capacity of the [small boat harbor facilities to] pier, wharf, landing or ramp within the hazbor can accommodate the additional volume of activity expected to be generated by the [additional permits,] commercial activity. [and shall be detemvned by the] The department Sha]l cleiPrm7nP 1hP ~yctral Panarity wharf.-landrng,-nr-~g,ay.~ h.n ~,]~ar.}jpr on a case-by-case basis for each [small boat harbor] state boating facility subject to the limitations listed in subsection (b). (b) No commercial activity permittee possessing a vessel moored elsewhere permit shall use any [small boat hazbor] state boating facilities for commercial purposes unless the owner of the commercial vessel moored elsewhere has been issued a commercial activi permit for that vessel, or the vessel is exempt from commercial activi permit requirements under the provisions of subsection 13-231-57(c) or as otherwise [pemritted] allowed by the department. "Commercial purposes" as used in this subsection includes the staging, loading and discharge of passengers or supplies at a [state] state boating facility for further transport to a vessel's offshore location by means of a water taxi or any other vessel, or provisioning a vessel before or after a voyage involving the carriage ofpassengers for hire. (c) The number of commercial activi permits for vessels moored elsewhere 18 [which] that may be issued for each [small boat hazbor] state boatine facility shall be as follows: [(1) Maalaea hazbor: twenty; (2) Lahaina hazbor: sixteen; (3) Manele and Heeia-Kea hazbors: six each, except that for Heeia-Kea, commercial permits shall be limited to vessels having passenger categories I and lI as listed in subsection (d), and may include the use of an auxiliary platform in an offshore operating azea for which the owner has been issued a permit by the department; provided that there shall be no increase in the level of commercial activity by the permittee, as of June 19, 1990, the effective date of Act 208, SLH 1990; and (4) All other small boat harbors: no limit. These limits notwithstanding, all valid commercial permits for vessels moored elsewhere in effect on the effective date of these rules shall be permitted to remain in effect and be eligible for reissuance provided that all other provisions of these rules aze met. State boatin¢ facility Number of commercial activity oermits Maalaea 21 Lahaina ] 5 u Manele $ Waianae 10 Haleiwa 10 u All others none (d) Each cormercial activity permit issued for a vessel moored elsewhere shall be assigned one of the following categories, depending on the passenger-carrying capacity of the vessel named in the permit: (1) Category I- one to twenty-four passengers (2) Category II-twenty-five to forty-nine passengers (3) Category III- fifty to seventy-four passengers (4) Category IV- seventy-five to ninety-nine passengers (5) Category V-one hundred to one hundred forty-nine passengers (e) No commercial activi permit for vessels moored elsewhere shall be issued for any vessel with apassenger-carrying capacity in excess of one hundred forty-nine, and no existing commercial activi permit issued for a vessel moored elsewhere shall be issued a permit whenever the owner seeks to increase the passenger-carrying capacity above the limit of the category to which the original permit was assigned. (f) The department [reserves the right to] ~ impose further restrictions on the operation of commercial vessels moored elsewhere, on a case-by-case basis, as may be necessary to reduce congestion and achieve more efficient use of (small boat harbor] state 19 boatine facilities. Restrictions may include designation of docking times for passenger loading and unloading or fueling, and pazking restrictions for patron and delivery vehicles. Additional restrictions shall be implemented by addenda to existing commercial acti ' permits issued by the department. [Refusal ofJ If a permittee fails to [accept or] comply with the additional restrictions, [implemented in this mamter shall be cause for immediate] the department may revoke [termination of] the [use] commercial activity permit in accordance with section 13-231-6. (g) Use of any vessel in violation of this section may be cause for the revocation of [termination of all small boat hazbor use] permits in accordance with section 13-231-6, issued to the owner by the department for the use of the state boatine facility." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200- 4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 19. Section 13-231-60, Hawau Administrative Rules, is amended to read as follows: 13-231-60 Allocation of commercial activity permits. (a) Commercial activi permits shall be issued to qualified applicants in the order in which applications aze received by the department. Seniority begins on the date an application is received and accepted by the department as evidenced by the department date stamp on the application. The allocation procedures specified in subchapter 5, Allocation of berths, shall also govern the allocation of commercial activi permits under this section; provided that waiting lists for commercial activi permits shall be established and maintained separately from waiting lists for berth assignment. (b) The sak or transfer of any corporation or other business entity while on the waiting list [which] that resuhs in a change of the majority stockholder or person holding the majority interest in the business shall result in loss of seniority, and the applicant shall be placed at the bottom of the waiting list. (c) The department may reject an application for a commercial acti ' permit if the typE_nfrnmmereial activity is drtPrminPrl by thr cirpartmrnt to bC inaznTn~,lpriatr fni the facility or area for which the permit is being requested, in addition to the grounds for rejection of an application for a permit listed in section 13-231-82. (d) When a conmiercial acti ' permit becornes available for a vessel moored elsewhere, the commercial activity permit issued shall be of the same category as the commercial activi permit which was previously in effect." [Eff 2/24!94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-1Q 200-22, 200-24) 20. Section 13-231-61, Hawaii Administrative Rules, is amended to read as follows: "§13-231-61 [Reissuancel Renewal ofcommercia] activity permits. ~ Within 20 ninety days prior to the expiration of a commercial activity Hermit the department may inform the commercial activity_permittee in writin¢ that the commercial actrvrtv pernut is due to expire. [(a)] ~b Except for commercial activiri permits issued throueh the public auction roP cess. [The] the department [may] shall reissue a commercial acti ' permit provided that the commercial activity_pernvttee has: [(1) The gross receipts during the twelve-month period under the commercial permit for which the application for reissuance has been submitted, equals or exceeds the following minimums as a licable: (A) Vessels used for haze boat $ 7,000 (demise) charters and charter sail boats (B) Vessels registered by the State or $15,000 documented by the U.S. Coast Guard to carry six passengers or less, including charter fishing boats (C) Vessels certified by the U.S. Coast $45,000 Guard to carry seven to twenty- five passengers. (D) Vessels certified by the U.S. Coast $85,000 Guard to carry twenty-five to forty -nine passengers (E) Vessels certified by the U.S. Coast $125,000 Guard to carry fifty to ninety-nine passengers (F) Vessels certified by the U.S. Coast $250,000 Guard to carry more than ninety- nine passengers (G) Vessels engaged in another trade $7,000; or] or business not delineated and governed by an appropriate pazagraph above Completed a new application, within sixri days of being informed by the department of the expiration date of the commercial activity permit; Provided a copy of the tax clearance certificate or a letter from the state department of taxation that confirnts the applicant is paving taxes; Provided proof of insurance covera¢e as descn'bed in section 13-231-65; j4) Provided a copy of the United States Coast Guazd certificate of inspection for a vessel carrvine more than six passengers; 21 Abided by all rules and laws of the department State, and city and county. as they relate to the specific business activity: Abided by the conditions of the commercial activity permit: u Paid all fees due the department for the commercial activity permit or any other permit associated with the commercial activity; and Met the minimum revenue standard, in accordance with section 200-10 HRS which shall be the applicable fee as tnovided in section 13-234-25. ~c1 The department may reiect any application that contains a material misstatement or if the applicant has failed to disclose any material fact in the application. The applicant shall be afforded the opporhutity to submit a new application upon the correction of the deficiencies cited in the notification of refection of the orieinal application. u The department shall have thirty days from the departmental date stamp on the application to review the application and inform the applicant by certified return receipt mail of any deficiencies in the application or in the supportine documentation or of the decision not to renew a commercial activity cermit. ~ The commercial activity cennittee shall have not more than thirty days from the date of the denial to initiate corrective action to address deficiencies as described in this section Failure to initiate corrective action by the expiration date shall cause the permit to automatically expire and the permit shall be offered to tbe next applicant. jl Notwithstanding_the conditions of subsection (el, the department may provide additional time to coned deficiencies if the department determines there is eood cause. ~ Withdrawal of an application for a commercial activity permit shall be in accordance with section 13-231-84. Anv commercial activitypennittee who is denied a renewal of a commercial activity permit upon the ex~lration of a commercial activity permit and who has followed the procedures outlined in this section. shall be allowed an informal review as provided in section 13-231-33. '1'lle_6~43dn$.ierGlalslGtl~4t~V p~Fi~~foP ma.. ~hallnnnn f~ final rrrnmmnnrlatinn of the infilormal review as described in section 13-231-33, amd shall be_ allowed an admministrative hearing as provided in section 13-231-31. Havine met the conditions of this section. the commercial activity cennittee ITIa}, rnrain thr rnmmrmial activity Hermit durine the tune Lhe COlllrnerClal actMtV DCrllllt 1S under review except as~rovided in section 13-231-6(dl and (el. The commercial activity cennittee shall have no expectation of property rights and shall not be afforded an informal review or administrative hearin¢ when circumstances present themselves that preclude the renewal of a commercial activity per.n;r P a acre of (`,nA nr war. nrivati~ation of a state boatine facility, or the safe or efficient use of the state boating facility. [(2) The perrnittee applies to the department in writing for reissuance of the pennittee's commercial permit and concurrently presents evidence that any failure to generate gross receipts from the operation of the pennittee's vessel as prescribed in this 22 subsection was due to: (A) The sinking, loss, or destruction of the permittee's vessel; (B) The permittee's vessel being inoperative in excess of sixty days due to disability of the permittee; (C) The permittee's vessel was rendered inoperative in excess of sixty days due to damage to the vessel, or due to the necessity of replacing essential parts and geaz, provided that reasonable and diligent efforts by the permittee to secure such items necessary to repair the vessel or replacement of parts is demonstrated; or (D) Where conditions and circumstances are demonstrated wherein a reissuance of the permittee's commercial permit would be fair and warranted, and the application for reissuance is approved by the department; and (3) All fees and charges due and payable to the department have been paid and no violations aze outstanding. (b) No commercial permit shall be issued to any permittee whose commercial pemvt has been tenninated for cause, provided that the permittee may apply for a new commercial permit after one yeaz has expired from the date of termination of the commercial permit, all fees and chazges owing the State have been paid, and the permittee is in compliance with federal and state laws. (c) A corporation must have been in continuous commercial operation as evidenced by the submission of monthly reports of gross receipts for a minimum of twelve months in order to retain use permits upon the transfer of any interest in that corporation.]" [Eff2/24/94; am and comp ] (Auth: HRS §§200-2, 200-4, 200-22, Z00-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 21. Section 13-231-62, Hawaii Administrative Rules, is amended to read as follows: "§I3-231-62 TlancfPrahility of_ccLmmerrial.~tjyjtY_permlLS. (al ('nmmPrcial act' ' permits issued to individuals. (1) [A] Unless otherwise provided by law, commercial act permit issued to an individual is non-transferable, so that whenever the permittee parts with possession or transfers the title or interest in the vessel identified in the commercial activi permit to another person by any arrangement, the commercial acti ' permit shall expire except as provided [herein] in this section with respect to the original permittee. The new possessor, transferee, or owner of the vessel shall have no right to use the commercial activity permit; (2) An original pennittee holding both a commercial activi permit and a regular mooring permit, upon written application and approval by the department may retain the commercial activi permit, provided that within thirty days the pemuttee moves into the [small boat harbor] state boatine 23 facility another vessel owned by the permittee pursuant to the provisions of section 13-231-13; and (3) An original permittee holding a commercial acti ' permit and moored elsewhere may, upon written application to and approval by the department retain the commercial acti ' pernilt, provided that within thirty days the permittee resumes operation with another vessel owned by the permittee pursuant to the provisions of sections 13-231-13 and 13-231-61. (b) [The] Unless otherwise provided by law, following rights, conditions, and restrictions apply to commercial activi permits issued to a corporation or other business entity. (1) Notwithstanding section 13-231-13, a corporation or other business entity holding a valid commercial activi permit may transfer any or all stock or interest and retain the commercial activit pemut and all other vahd [small boat hazbor] state boating facility use permits in effect on the date of transfer, provided that the corporation or other business entity has [been in continuous operation as evidenced by the submission of monthly reports of gross receipts for a minimum period of one full yeaz] paid the appropriate fees as provided in sections 13-234-25 or 13-256-11, and [meets] met all requirements necessary for issuance of a commercial activi permit. The department shall be notified within ten working days of: (A) All transactions that amount to a transfer often per cent or more of the stock or interest in the firm by owners of record on the effective date of these rules; (B) The transfer of any stock or interest [which] that results in a change ofthe principal stockholder or owner; and (C) The business transfer fee is paid on or before the date oftransfer; and (2) A commercial activi permit issued to a corporation or other business entity shall automatically expire: (A) Upon the voluntary or involuntary dissolution of the corporation or hucinPC,~S en~~.Or (B) If the vessel or vessels operated under the commercial activi permit-are sold or otherwise transferred and not replaced in accordance with the provisions of section 13-231-13(b)[; or (C) If the pemvttee fails to operate the vessel for which the commercial permit is issued for a period in excess of sixty days, except as provided in section 13-231-61(a)(2), and except when the permittee provides advance notification to the department in writing that operations will be temporarily suspended for a specific period not to exceed four months]." [Eff 2/24/94 am and comp ] (Ruth: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) (Imp: IiRS §§200-2, 200-3, Z00-4, 200-10, 200-22, 200-24) 24 22. Section 13-231-63, Hawaii Administrative Rules, is amended to read as follows: "§13-231-63 Retention of berth upon termination of commercial activity Hermit. The owner of a vessel moored in any of the [above listed small boat harbors] state boating facilities listed in section 13-231-58 and whose commercial activi permit has been [cancelled] canceled at the owner's request, expired, or revoked by the department pursuant to the provisions of these rules may continue to moor the vessel in the [small boat harbor] state boating faciliri in accordance with the owner's regular mooring permit and [to] utilize the vessel for non-commercial purposes if the vessel and the owner conform to the conditions set forth in these rules to renew or maintain a regular mooring permit." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) 23. Section 13-231-64, Hawaii Administrative Rules, is amended to read as follows: "§13-231-64 Fees and charges. Fees and charges for commercial [vessels] activiri Hermits shall be as [prescribed] provided in chapter 13-234." (Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 24. Section 13-231-65, Hawaii Administrative Rules, is amended to read as follows: "§13-231-65 Insurance requirements. [A permittee issued a commercial permit shall, concurrently with the execution of the permit, tender to the department a copy of ei~rer-a~~ ar pelieies-or a pratectien grid indemnity insurance policy, or a certificate of insurance in lieu thereof, evidencing that such policy has been and is in force, with a combined single limit of not less than $300,000 for commercial vessels not authorized to carry passengers and for those authorized to carry not more than six passengers; not less than $500,000 for vessels authorized to carry more than six passengers, but less than twenty-six passengers; and not less than $750,000 for vessels authorized to carry more than twenty-five passengers for bodily injury and damage to property per occurrence. The specification of limits contained herein shall not be construed in any way to be a limitation on the Lability of the permittee for any injury or damage proximately caused by it. This] (a) In addition to the coverage requirements provided in this section all insurance shall: (1) $e issued by an insurance company or surety company authorized to do business in the State and approved in writing by the department; (2) Name the State as an additional insured; 25 (3) Provide that the department shall be notified at least thirty days prior to any termination, canceIiation, or material change in its insurance coverage; (4) Cover all injuries, losses, or damages arising or resultine from, (growing out of,] or caused by any acts or omissions of the permittee, its officers, agents, employees, [invitees] ug ests, or licensees, in connection with the permittee's use or occupancy of the premises; and (5) Be maintained and kept in effect at the permittee's own expense throughout the life of the permit. [The permittee shall submit evidence to the department of renewals or other actions to indicate that the insurance policy remains in effect as prescribed herein.] Anv commercial activity Hermit issued by the department requires the holder to provide proof of a minimum of $1 000 000 protection and indemnity liabiliri inswance. f c) Commercial activity oermittees utilizing shuttles for eround transnortation for assen ers must show roof of the followin insurance cover e: Minimum property Minirnum bodily damaee liability iniurv liability coverage Her coverage Her Vehicle capacity occurrence occurrence Vehicles cable of carrying 50 000 100 000 one to seven passengers Vehicles capable of carrying 5$ 0,000 100 000 eight to seventeen passengers Vehicles capable of carving 300 000 750 000 a maximum oftwenty-five passengers VP.hiclrscanahl~nfcarrvinv 00.000 $1.000,000 twenty-six or more passengers Piers dock structures or moorings constructed in accordance with section 13-232-43 shall require liability insurance with minimum limits of $300,000 for bodily to one person and $500 000 for bodily iniurv to more than one person per occurrence and $100 000 for d?*nag_e to the propertyper occurrence or the equivalent of a $500 000 combined single limit liability twlicv. ~ Prior to issuance of any permit for vessel repair on state pronerty, the applicant shall provide to the department a refundable security deposit of $300 and a certificate of insurance for a comprehensive protection and indemniri liabiliri insurance policy with a combined single limit coverage of not less than $300,000, naming the State as an additional insured. ~1 A comprehensive protection and indemnity liabilitXinsurance policy with a 26 combined single limit coverage of not less than $300 000. shall be required for dry storage. (g} Insurance regLuirements for fihn permits shall be in accordance with the State film office requirements. l~}i The applicant of a business ornon-business sponsored amateur or professional event shall possess insurance coverage for personal iniurv and properly liabiliri of not less than $500 000 per Qerson with an aggreg=ate of not less than $1,000,000. u The specification of limits contained in this section shall not be construed in an~wav to limit the liabili oty f the pennittee for any iniurv or damage directly caused by the permittee. (j} The permittee shall submit evidence to the department of renewals or other actions at the time of the action or renewal to show that the insurance policy remains in effect." [Eff2/24/94 am and comp ] (Auth: HRS §§200.2, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) 25. Section 13-231-66, Hawaii Administrative Rules, is amended to read as follows: 13-231-66 Limitation on number of berths held by a commercial activity peruuttee. No person holding a valid commercial [vessel] acti ' permit for a commercial vessel moored in any of the [small boat harbors] state boating? facilities listed in section 13-231-57 shall be issued a [use] moor' permit authorizing the person to moor more than two commercial vessels in one of these [small boat harbors] state boating facilities except temporarily pursuant to section 13-231-57(c} or as provided by section 13-231-69; provided further, that any person holding valid [use] mooring permits on the effective date of these rules authorizing the mooring of more than two commercial vessels in any of these [small boat harbors] state boating facilities may continue to moor the person's vessels in the [small boat harbors] state boatine facilities subject to compliance with the . [£=ff 3/24#94 am and camp } (Auth: HRS §§200-2, 20o-a, 200-10, zoo-22, 200.24) (Imp: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) 26. Section 13-231-67, Hawaii Administrative Rules, is amended to read as follows: 13-231-67 Limitation on commercial activity permits issued for the use of state boat jlaunching] ramps. (a) State boat [launching] ramps were constructed for the primary purpose ofproviding access to the waters of the State for trailered boats. [Therefore, commercial] Commercial activity permits issued for the use of state boat [launching] raR1DS [facilities} shall be restricted to boats that aze regularly transported by land and launched and recovered from boat [launching] ramps [and] needed or used in the course of 27 [doing business] conducting commercial activities. A commercial activity permit shall be required for any [trailered] vessel [which] that is rented [off-site] at a site other than a state boating faciliri, including kayaks and other motorized or non-motorized rented vessels that may [but launches] launch or [recovers] recover from a state boat [launching] ramp or other state boating facility. The owner of [a trailered] the vessel shall be required to obtain a [conunrnercial] commercial activit permit and comply with all other rules of the department governing commercial vessel activities. [Notwithstanding the limitation of the number of commercial permits which may be issued for launching ramps in subsections (d)(3) through (d)(9) below, the owner may apply for and may be issued a commercial permit for the number of vessels owned and registered in furtherance of its commercial use by the business on the 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 activi permit requirements. [(b)] No commercial activi permits for the use of state boat [launching] ramps shall be issued for the purpose of embazking or disembarking passengers or car o by small craft or lighter from a vessel [moored] offshore. Unless otherwise allowed by the department the maximum size of a vessel that may be launched or recovered from a state boat ramp shall be limited to vessels that are transported by a trailer on State hiehwavs that meet the requirements of section 291-34 HRS including the need for any special pemrits for non-standard or oversized loads Exempt from this subsection are those vessels that utilize the small boat ramps for drv dock purposes [(c)] ~ A commercial activi 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] where commercial activities aze [permitted] allowed except those listed in subsection [(d)] fie, provided that the permittee [shall indicate] indicates which [launching] boat ramp is expected to be the location of primary use and unless otherwise provided by law, the commercial activity_permittee shall pay all [the] fees due in accordance with section 13-234-25 [derived from two percent of gross revenues shall be paid to that account]. No commercial activi permit shall be issued fora [launching] boat ramp located on an island other-thax tha plaecem#' [(d)] je) The rnaximurn number of commercial acti ' permits [which] that may be issued for the use of the followin ]armchin boat s are: Small boat ramps commercial activity pernuts Number of permits (1) Ala Wai [-]none (2) Keehi [-jnone [(3) Heeia Kea -7] [(4)] ~ Maunalua Bay [-5] 8 Haleiwa I S 28 Waianae 15 u Maalaea none [(5)] ~ Mala [-15J 18 ((6)] u K111ei [-15J 17 [8] (10) Kaunakakai [-]5 11 Kikiaola 6_ [(9)] 12 Klikuiula [-]6 Port Allen 5 14 Kawaihae 10 Honokohau 1~ Kailua Pier 8 11 Z1 Puako 6 u Wailua River IS [10] 19 All others [-no limit] 10" (Eff 2/24/94; am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200.24) (I~: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) 27, C~rtinn 12_31 _FR Nawaii Arlminictrativ~$u1e3,is amended by amending subsection (b) to read as follows: "§13-231-68 4icmc alyd other structures at a state small boat harbor. (b) [Signs] One sisn ner berth identifying commercial activities posted or displayed within a state small boat harbor where allowed, shall be limited to twelve square feet maximum sign area and be designed in accordance with the guide for small boat harbor signs provided by the department. Structures for ticket booths shall be limited to thirty-six square feet maximum and be designed in accordance with the guide for ticket booths provided by the department." (Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-10, 200-22, 200-24} 29 28. Chapter 13-231, 13awaii Administrative Rules, is amended by adding a new section 13-231-71 to read as follows: l 3-231-71 Commercial activity cennits for manually-propelled vessels. (al Anv commercial manually-procelled vessel operation. either for individual rental or guided tour gyration shall be required to possess a valid commercial activity cennit to use. launch or retrieve manually_procelled commercial vessels on the waters of the State. Commercial activity permits for commercial manually-propelled vessels shall be allocated as descn'bed in section 13-231-60: renewal of commercial activity ~.~..,:ro fnr rnmmrm:at mamialty_ntntwl]P,d VCSSeIS Shall be m 8000rdanCe With SeCtlOn 13 231 61 • and transferability of aoommercial activity„pernit for commercial manuallv- nropelled vessels shall be in accordance with section 13-231-62. ~ The manually-proceLed commercial activitypennit includes a ramp decal for trailered vessels therefore a separate application for ramp decals shall not be required u The department shall maintain a Gst of all commercial manually-propelled vessels by the commercial activity permittee's name and decal numbers. jeZ The manually-propelled commercial activity permittee shall display the vessel identification decal provided by,the department on the bow of the vessel tLZ The commercial activity cermittee shall ensure that all manually-propelled vessels are operated with due caze for ~blic safety and defend. hold harmless, and indemnify the State its officers agents, and employees from and against all claims or demands for es including claims for procertv dap e~nal inj~r~or death arising out of or incidental to the operations permitted under this section. ~,g~ The commercial activitXcennittee shall require customers to wear a personal floatation device while operating a manually-propelled vessel when on the ocean waters of the State. Ij ~i In addition to the application for a commercial activity permit for manuallv- procelled vessels the applicant shall' Possess general and marine liability insurance in accordance with section 13-231-65 (al and (bl: Iti of the azea(sl outlined restricted zones and dangerous areas and conditions: aril u Establish a safety instruction program for customers that includes but is not limited to the use of a personal flotation device and notification of ha~sdous conditions or areas and restricted areas. Individuals conducting guided tours shall carry a current adult cardio- pulmonary resuscitation (CPRI and standard first aid and water safety training certificates while on the ~*uided tour A list of water safety training certificates acceptable to the department shall be provided to the applicant. When guided tours aze conducted, the guide to customer ratio shall be one guide for eight customers unless otherwise provided by rule. kL1 A manually_propelled commercial activity permittee shall be required to pay the greater of a minimum fee of $200 per month or two per cent of the monthly gross 30 receipts effective on the date of the adoption of this rule The percentage of monthly gross receipts shall increase to two and one half per cent as of the first day of the first full month following the effective date of this rule and shall increase to three per cent of the monthly gross receipts as of the first day of the first full month following the twelfth month of the two a~ one half per cent increase." [Eff ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24)(Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 29. Chapter 13-231, Hawaii Administrative Rules, is amended by adding a new section 13-231-78 to read as follows: "§13-231-78 Kailua-Kona state boatin facili .The Kailua-Kona ier and Kailas Bav offshore mooring area were designated state boating facilities effective July 1 1993 All commeroial and recreational vessels and other commercial and recreational acti ' ut'1Liting these boating facilities are subiect to these rules " [Eff l (Auth: HRS §§200-2, 200-3, zoo-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-1Q 200-22, 200-24) 30. Section 13-231-82, Hawaii Administrative Rules, is amended to read as follows: 13-231-82 Review acceptance or rejection of applications. (a) The department shall examine and determine the genuineness and regularity of each application for a mooring or other [small boat harbor use] state boating facility permit and may conduct any investigation as may be deemed necessary for its examination and determination; and it may require additional information from the applicant as may be necessary to determine the genuineness and regularity of the application. (b) The department shall reject any application that contains a material misstatement or if the applicant has failed to disclose any material fact in the application. (c) An application shall not be accepted for consideration and shall be rejected if (1) The application fee is not paid at the time the application is made; (2) The applicant is delinquent in payment of any [moneys] fees due and payable to the departrent; (3) The applicant has pending a citation for violation ofany ofthe department's rules except as provided for in sections 13-231-6 or 13-231-61; or (4) The category or type of mooring requested is inappropriate for the vessel to be moored by the applicant and will not, therefore, afford maximum, safe, convenient, and efficient utilization of small boat harbor facilities as determined by the department pursuant to section 13-231-80. (d) Upon rejection of an application, the department shalt inform the applicant, in writing within [a reasonable time] thirty days, that the person's application has not been 31 accepted for consideration and has been rejected and the reasons [therefor] for the reiection. The applicant shall be afforded the opportunity to submit a new application upon the correction of deficiencies cited in the notification of rejection of the original application." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-9, 200-10, 200-22, 200-24) 31. Section 13-232-43, Hawaii Administrative Rules, is amended by amending subsection (a) to read as follows: 13-232-43 Construction or imr~rovements of structures. (a) No building structure, object, site improvement, landscape treatment, or other facility of any nature whatsoever shall be erected, constructed, reconstructed, ahered, moved, installed, or demolished at a [small boat harbor] state boatin¢ facility or other property under the jurisdiction of the division of boating and ocean recreation except in accordance with a department permit[.] or as provided by,~ lease or rieht of entry issued by the department. All improvements made~ursuant to this section. including those improvements made prior to the effective date of these rules shall be constructed maintain. operated, or modified to comply with the Environmental Protection Agenc~s final approved ¢uidelines for best mans ep ment practices for mari„a~ and recreational boatm¢. The department may require plans, specifications, and other pertinent data to accompany or supplement a~ application.::: [Eff 2/24/94 am ] (Ruth: HRS §§200-2, 200-3, 200-12, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-12, 200-22, 200-24) 32. Section 13-232-43, Hawaii Adminis4rative Rules, is amended by amending subsection (c) to read as follows: (c) The-pe~ittee-shaH{; coaeurreatly-with-the-etf~tif~ger~it;-de}iver to the State a comprehensive general liability insurance policy or policies, or a certificate of insurance in lieu thereof, evidencing that such a policy has been issued and is in force, with uilnimum limits of not less than $300,000 for bodily injury to one person and $500,000 for bodily injury to more than one person per occurrence and $100,000 for damage to property per occurrence. The specification of limits contained herein shall not be construed in any way to be a limitation of the liability of the permittee for any injury or damage. Such insurance shall: (I) Be issued by an insurance company or surety company authorized to do business in the State of Hawaii or approved in writing by the department; (2) Name the State of Hawaii as an additional insured; (3) Provide that the department of land and natural resources shall be notified at least thirty days prior to any termination, cancellation, or material change in its insurance coverage; 32 (4) Cover all injuries, losses, or damages arising from, growing out of, or caused by any acts or omissions of the permittee, its officers, agents, employees, invitees, or licensees in connection with the permittee's use or occupancy of the premises; and (5) Be maintained and kept in effect at the pernuttee's own expense throughout the life of the permit.] obtain insurance coverage as provided in section 13-231-65." •rr [Eff2/24/94 am ] (Auth: HRS §§200-2, 200- 3, 200-12, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-12, 200-22, 200-24) 33. Section 13-232-41, Hawaii Administrative Rules, is amended to read as follows: 13-232-41 Storage. j~ No person shall store, place, leave, deposit, or abandon any vessel, structure, supplies, material, equipment, geaz, object, or substance [on catwalks, piers, sidewalks, roads, parking azeas, or arty other public azea at a small boat harbor] anywhere in any state boating facility, except [vessels or objects maybe stored]: (1) In areas set aside by the department for storage purposes; or (2) Upon prior written consent by the department. The permittee shall be responsible for removing in accordance with all State and federal statutes regulations and rules all materials stored at a state boating facility at the termination or expiration of a permit or upon vacating the state boating facilit . ~ The permittee shall be responsible for any costs associated with the removal disposal or final settlement at the termination or expiration of a permit or upon vacating the state boating facility The pennittee shall forfeit the permit deposit, and pay any fees assessed by the department for the removal of any obiects belonging to the of permit or ugon vacating. the state boating facility. Violators ofthese rules shall be subject to penalties as provided by law." [Eff2/24/94; am ] (Auth: HRS §§200-2, 200-3, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-22, 200-24) 34. Section 13-233-6, Hawaii Administrative Rules, is amended to read as follows: 13-233-6 Pazkin and azkin fees. [Except as otherwise authorized by the department, no person shall stop, pazk, or permit to remain halted, a motor vehicle in a small boat hazbor: (1) In front of a driveway or land side of a launching ramp; 33 (2) For the purposes of washing, polishing, greasing, or repairing of a vehicle except for those minor repairs necessary to remove the vehicle to an authorized area or from a small boat harbor; (3) Other than in accordance with officially posted signs; or (4) For more than seventy-two hours.] (al Unless otherwise Hosted: Motor vehicle ~azking_at a state boatins facility is allowed: and Parkins in excess of sevenri-two hours requires a quarterly pazking,pennit issued by the department as provided in section 13-233-29. b~.1 Egypt as~rovided by section 13-233-27 motor vehicles are Hrohibited from: Blocking drivewa~or designated pazking_stalls• or Pazkins in boat ramps except for the time rt takes to launch or recover a vessel ~ Motor vehicle Hark;nQ azeas shall not be used for automobile servicins or maintenance, except for those instances where a minor re~ait is necessary for removine the vehicle to an authorized azea. l~ Parking fees if am shall be as Hosted and shall not exceed rates in adiacent azeas as may be established in adiacent areas. u Pazkine concessions operative under a lease issued b~+ the department shall be exemHt from the requirements of this section tLl The department may detain or remove any vehicle that violates the designated parkins Hiles or any vehicle that noses an obstruction or hazard at the owner's risk and expense The department is not liable for any resultive dama¢e. (gl The owner assumes no risk or expense if a vehicle is legally Harked and is moved for safety reasons. During special events narkin~may be restricted Shuttling of commercial~assengers to and from a state boatins faciliri may be recFuired to maximize efficient public utilization of the state boatins facility The details shall be established in the commercial activity permit. It.Sh311.112„a~7xgl3S®,41~.thia~ fpr Any ne*a~n to rliarwg~ an nfliria~] pazking direction 'given by an enforcement officer or a representative of the department " [Eff 2/24/94 am and comp ] (Ruth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 35. Section ] 3-233-7, Hawaii Administrative Rules, is repealed. ["§13-233-7 Public parkins. As may from time to time be prescn'bed by the department, no person shall use any public pazking azea without payment of pazking fees and chazges in areas where the fees and charges are properly designated by posted signs. The department may establish such areas as convenient and efficient public use of a small boat hazbor may dictate."] [Eff2/24/94 R ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 34 36. Section 13-233-8, Hawau Administrative Rules, is repealed. 13-233-8 Removal of vehicles. The department shall have the authority to detain, tow, move, or cause to be moved to an impounding area, at the owner's risk and expense and without liability for any damage which may resuh, any motor vehicle: (1) For nonpayment of pazking chazges when the vehicle is parked in pazking aeeas operated by the department in a small boat harbor; (2) Which has been parked continuously in a vehicular parking azea operated by the department in a small boat hazbor for a period of more than sevemy- two hours, except when prior arrangements have been made therefor; (3) When the position or location of the vehicle in a small boat harbor creates a nuisance or a hazard; provided, that any detention, towing, or moving, done or caused to be done by the department, of any vehicle legally parked at a small boat hazbor, shall not be at the owner's risk and expense; and (4) When pazked in violation of section 13-233-6.]" [Eff2/24/94 R ) (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 37. Section 13-233-10, Hawaii Administrative Rules, is repealed. ["§13-233-10 Pazki_ngm construction areas and on special occasion. The chairperson may whenever in the chairperson's judgment it is deemed necessary, prohibit or restrict the parking of any vehicle on either or both sides of any roadway, pazking lot, or other location or portion thereof, constituting all or part of an area affected by construction, repairs, or maintenance activities, a part of the route of a parade or a procession, or on any special occasion, and also upon any roadway, pazking lot, or other location adjacent thereto by the erection or placement of temporary signs setting forth such restrictions. When the signs are erected or placed prior to construction, repairs, m, inter Pnanre+~_parariPY~rnrrccinn qr c_~rrwrial n rs acinn R ChAlt }r I1rllAwfill t0 park Or le$VC unattended any vehicle in violation of the signs. The departrrtent may remove or cause to be removed at the owner's expense, a~ vehicle left unattended or parked in violation of the signs."] [Eff2/24/94 R ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 38. Section 13-233-14, Hawaii Administrative Rules, is amended to read as follows: 13-233-14 Pazking.permits• Lahaina [small boat hazborl state boatine facili . (a) [This] In addition to the requirements provided in sections 13-233-6 and 13-233-29, the followin sg hall annly [section is applicable at all times] within the Lahaina state [boat harbor] boating_facility. [Parking, stopping, or standing within the Lahaina boat harbor is 35 restricted to stalls established, marked, and designated by the Maui district manager, division of boating and ocean recreation.] [(b) Parking, stopping, or standing in the stalls is limited to vehicles displaying a valid regular or temporary parking pemrit issued by the department; provided that a person may stop or stand any vehicle in a parking stall or elsewhere in the harbor for a period not to exceed ten minutes for the purpose of and while actually engaged in loading or unloading the vehicle.] [(c)] ~]b [Regular] er parking permits[,] for Lahaina state boatine facility s} 1 not [to] excced one hundred eighty davs at any time shall be allocated as follows: (1) First priority. The owner, co-owner, or master of a registered or documented vessel moored in Lahaina boat harbor in accordance with a valid regular mooring permit who applies for a parking permit shall have priority for one parking permit over other applicants for a pazking permit on a one-to-a-boat basis. Fee per vehicle shall be $12 per calendaz quarter except the fee shall be $30 per calendaz quarter if the permittee also has a commercial mooring permit. (2) Second priority. If all of the applicants with a priority for a parking permit pursuant to paragraph (1) have been issued permits, the owner, co-owner, or master of a registered or documented vessel not moored in Lahaina boat harbor but principally used in the waters surrounding the Island of Maui, who applies for a parking permit, shall have priority for one pazking permit over other applicants enumerated in paragraph (3). The eligible individual shall personally apply, presenting proof of vessel ownership or designation as master of the vessel at the time. Fee per vehicle shall be $15 per calendar quarter except the fee shall be $30 per calendaz quarter if the pemvttee also has a commercial mooring permit. (3) Third priority. If all of the applicants for parking permit enumerated ut paragraphs (1) and (2) have been issued permits and the number ofpermits issued does not exceed one hundred eighty, the owner or employee of a person, Srm, business, or organization: atina a vessel,mooted in the smallbnat hadzor or adjacent waters, engaged in a~ trade or busi~ss; or (B) Operating an.activity under_the provisions of a lease or other agreemetrt authorizing a business or commercial activity at the small boat harbor who applies for a parking permit shall have priority for one pazking permit over other applicants enumerated in paragraph (4). Fee per vehicle shall be $30 per calendaz quarter. (4) Fourth priority. If all of the applicants for a pazking permit enumerated in paragraphs (1), (2), and (3) have been issued permits and the number of permits issued does not exceed one hundred eighty, one parking permit in addition to the permit issued to the owner, co-owner, or master pursuant to paragraph (1) may be offered to the spouse or legal dependent of an owner, co-owner, or master of a registered or documented vessel moored in Lahaina boat harbor in accordance with a valid regular mooring permit, 36 who applies for a parking permit. Fee per vehicle shall be $12 per calendar quarter except the fee shall be $30 per calendar quarter if the pernvttee also has a commercial mooring permit. (5) Permits shall be issued on a ftrst-come, first-served basis to applicants on a chronological waiting list established for each priority category] and shall be issued in accordance with section 13-233-29(fl. ((d)] l~ A temporary parking permit[, valid] shall be required for pazkine for up to seventy-two hours[, may be secured by the owner of a vessel, other than a vessel engaged in a trade or business, who holds a valid use permit authorizing the owner to moor the vessel in the small boat harbor, for use by bona Sde guests. The temporary parking permit card or device issued by the department shall be displayed in or on the vehicle so as to be clearly visible from the outside during the period that the vehicle is parked at the small boat hazbor. Fee per vehicle shall be $2 per twenty-four hour period or fraction thereof] and the permittee shall may a tem~orarv oazkingpemrit fee as provided in section 13-233-29. [(e)] u Fees for [a regular] gully parking [permit] permits shall be in accordance with section 13-233-29 [issued after the first month of a calendar quarter shall be prorated on a montlily basis, a fraction of a month being considered a full month. No permit shall be issued until the prescn'bed fee is paid]. [(f) Each person holding a regular parking permit shall be issued not more than one parking permit card or device for each parking permit beld. The pazlcing permit card or device issued by the department shall be displayed in or on the vehicle so as to be clearly visible from the outside when the vehicle is parked in the small boat harbor during the period that the parking restrictions are in effect as prescn'bed in subsection (j)(1). (g) If a valid pazking permit card or device becomes lost, destroyed, stolen, mutilated, or illegible, the permittee shall immediately: (1) Notify the department in writing descn'bing the cirewnstances of the loss or destruction and certifying to its loss; or (2) Deliver to the department any mutilated or illegible permit card or device. If this is done, a replacement permit card or device may be issued to the pe~iMPP l~ n T i liratinn aryl ~({yrlwnt of a fPP nf.P, l _ _ (h) A parking permit may be canceled by a permittee upon thirty days written notice to the department. The pazlcing permit c~rdor device issued by the department is the property of the State. Upon cancellation by a permittee, no credit or refund for any unexpired month or months shall be given unless the permit card or device is returned to the department. No credit or refund shall be given for portions of a month upon cancellation or revocation of a permit. (i) The depaztment reserves the right to further restrict the issuance of parking permits to those who observe the small boat hazbors rules and make full and timely payments of fees and chazges. A parking permit may be revoked as provided in section 13-233-6. Upon revocation, the permittee shat] surrender the parking permit card or device issued by the department. (j) It shall be a violation of this section for any person: (1) To cause, allow, or permit any vehicle within the person's control to be 37 parked, stopped or standing within the small boat hazbor except as provided in subsection (b). (2) To park, stop, or stand any vehicle across any line or marking of a parking stall or in such a manner that the vehicle shall not be entirely within the stall designated by such lines or markings. (3) To permit another person not entitled thereto, to use or have possession of a pazking permit cazd or device issued by tbe department. (4) To alter, forge, counterfeit, or imitate a pazking permit card or device issued by the department. (5) To possess or use a pazking permit card or device, knowing it to have been altered, forged, counterfeited, or imitated. (6) To avoid or attempt to avoid compliance with this section by displaying in or on a vehicle, a parking permit card or device not authorized or issued by the department for the vehicle. (7) To enclose, obstruct, or cause to be enclosed or obstructed any parking stall or portion thereof unless a permit has been obtained from the department. (8) To disregazd any official direction, instruction or restriction indicated by or on an official sign posted in a parking zone. (k) A person who has violated this section may be fined as provided in section 13-230-4. In addition, violations of this section may result in revocation of a parking permit pursuant to section 13-231-6.)" [Eff2/24/94 am and comp (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200- 24) 39. Chapter 13-231, Hawaii Administrative Rules, is amended by adding a new section 13-233-15 to read as follows: ] 3-233-15 Ground transnortation. ~ No person shall operate a bus, van or OtheI vet ClE-}IOS~"ccinv a rrrtifirata of ~phlir rnnvPnirnre atvl nrrreciri~atg.SYdte atinn facility for the gurpose of standine narking or waiting to nick ugpassengers at locations without first obtaining a perrnit issued by the department. (fib The annual Hermit fees and insurance requirements are descn'bed in section 13-234-38. ~ Buses vans or other vehicles owned, leased. or~rated by a commercial activit tennittee to transport nasseneers to or from the vessel shall be exempt from the provisions of this section. Notwithstanding the nrovisions of this section, taxi cab companies or taxi cab drivers shall not be required to obtain a permit to transport people to and from a state boating faciliri." [Eff J (Ruth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 38 40. Chapter 13-233, Hawaii Administrative Rules, is amended by adding a new section 13-233-16 to read as follows: "&13-233-16 Pazkine Hermits; Maalaea state boatin¢ facility. (a) In addition to the r yuirements as provided in sections 13-233-6 and 13-233-29, the followine shall anvly within the Maalaea state boatine facility: u Quarterly oarking,pennits for Maalaea state boating facility shall not exceed the total number of mooringnennits for slips in the state boating facility. Fees for pazkingpermits shall be in accordance with section 13-233-29." [Eff ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (lmp: HRS §§200-2, 200-4, 200.22, 200-24) 41. Section 13-233-20, Hawaii Administrative Rules, is amended to read as follows: 13-233-20 Establishment and desienation of pazkin¢ meter zones. [Parking meter zones aze hereby established at the small boat harbors in the areas more particularly descnbed in Exlu'bit 1 and shown on Exhibit 2, January 26, 1985, located at the end of this chapter] la1 The department shall have the authority to establish parkin¢ meter zones within a state boating facility. bL~ The department may establish meteredparkingstalls for parkine motor vehicles at state boating facilities." [Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 42. Section 13-233-24, Hawaii Administrative Rules, is repealed. 13-233-24 Parking time limits and meter operating hours. Time limitations and meter operating hours for legal parking in the following listed zonaes are as follows: Pazking Pazking Meter operating meter zone time limit hour 4 hours 24 hrs. per day 7 days per week B 8 hours 24 hrs. per day 7 days per week C 4 hours 24 hrs. per day 7 days per week 39 D 8 hours 24 hrs. per day 7 days per week g 8 howl 24 hrs. per day 7 days per week") [Eff2/24/94 R ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 43. Section 13-233-26, Hawaii Administrative Rules, is repealed. 13-233-26 Charges for parkins. Chazges will be made and collected for parking, stopping, or standing a vehicle in parking meter zones at the rate of forty cents per how during meter operating hows."] [Eff 2/24/94 R ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 44. Section 13-233-27, Hawan Administrative Rules, is amended to read as follows: 13-233-27 Chazses for fencloswel use or obstruction of a vazkins lmeterl stallf incidental to construction, etc.l (a) [Before any person, other than any governmental agency, shall enclose, obstruct, or cause to be enclosed or obstructed any parking stall or portion thereof, incidental to erecting, constructing, enlarging, altering, repairing, moving, improving, removing, converting, or demolishing any building of structure, or for other reasons, that person shall obtain a permit from the department and pay to the department a sum calculated at the rate of $2 for each such pazking meter stall for each day or fraction thereof, during which the stall shall be so enclosed or obstructed.] A pernrit and payment of $24 ner stallper twenty-fow how period or any fraction of that time shall be required to rrlFlrrn-t-rn # [(b) No pernut to enclose or obstruct a parking stall shall be issued to any person to whom the foregoing provision is applicable until the. person shall have made a deposit of the calculated sum, based on the estimated number of days during which the parking stall shall be so enclosed or obstructed. The person shall notify the department immediately upon termination of the enclosure of obstruction.] Government vehicles or personal vehicles of state employees. used in their official duties shall be exempt from the provisions of subsection (al." [Eff2/24/94; am and comp ] (Auth: HRS §§200-2, 200-3, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-22, 200-24) 45. Section 13-233-28, Hawau Administrative Rules, is repealed: 40 j"§ 13-233-28 Harbor tenants -pazking_permits. Notwithstanding any other provisions of this subchapter to the contrary, a person may park a motor vehicle in a parking stall in a parking meter zone, in excess of the time limit and without depositing coins in the parking meter located adjacent to the parking stall, if the person has been issued a pazking permit and displays a valid parking sticker (decal) issued to that person by the department, on the left hand side of the reaz bumper or as near thereto as the configuration of the motor vehicle permits, or has been issued a temporary parking pernvt and displays this temporary parking permit in or on the vehicle so as to be clearly visible from the outside.]" [Eff 2/24!94 R ] (Auth: HRS §§200-2, 200-4) (Imp: HR5 §§200-2, 200-4) 46. Section 13-233-29, Hawaii Administrative Rules, is amended to read as follows: 13-233-29 [Elisibility for pazkinel Pazkins pemvtsl• fee per vehicle! and fees. ~ Individuals required to have a p_arkingpermit as provided in section 13-233-b. shall complete a pazkingpermit application provided by the department. b11 The department shall issue one ~ kingpass or decal per valid moorins hermit or commercial activiri permit at the time a parkins permit is issued. The pazkins pass or decal shall be displayed in one of the followins manners: Bumper sticker Qarkingpasses or decals shall be located on the left side of the rear bumper: and Temporary and miscellaneous ~arkingpasses or decals shall be displayed on the driver's side of the dashboard where it is clearly visible. ~ Stolen lost or mutilated pazkingpasses or decals may be replaced for a fee of $5 if the detar3ed reasons for replacement are provided to the department in writins or if the mutilated decal is presented at the time of replacement. u Parkins passes or decals shall only be used by the person to whom the pass or decal is issued. l~ IY shafrfira~' -pass yr decal that has been ahered. forged or counterfeited. ~f Where the mnnber of nuarterly parkins permits is restricted. they shall be issued, on aone-to-a-vessel basis, in the followins order as permits become available: I?l To the owner co-owner or master of a re¢istered or documented vessel possessing a valid mooringpermit or commercial activiri permit for the state boating_facr7ity where the applicant is requestins a parkirrg_permit• To the owner co-owner or master of a registered or documented vessel used ~rinci~aiv in the waters surroundins the state boatins facility. The applicant shall be required to present proof of vessel ownership or desisnation as the master of the vessel at the time the application is submitted: u To and including employees of any_person business, or corporation authorized by the department to encase in a business or commercial 41 gctiviri at the state boating facility; and On a one to a vessel basis to the spouse or legal dependent of an owner. co-owner or master of a registered or documented vessel who possesses a valid mooring,pemrit for the state boating facility where the applicant is r~eguPSting a nark>;g permit ~ Where the number of quarterly permits is not restricted, they shall be issued o_n a first-come first served basis with no more than one quarierlYpermit for the owner and one for a spouse or legal dependent. tai A quarterly nar'kipg permit may be canceled by thepermittee upon thirty days written notice to the deQartment along with the return of the parking pass or decal. No credit or refund shall be given A person who has been issued a quarterly_pazking sticker or decal tnav tum in the sticker or decal and receive a sticker or decal for another automobile owned by the person for a fee of $5. A temQorary.parki„gpermit maybe required b t~department for periods of less than sevenri two hours in areas where pazking congestion becomes a problem. e g Ala Wai state boating ficility, Tempot~ty_parkirtg_petmvts may be issued to: A bona fide guest of an owner or co-owner of a recreational vessel possessing a valid mooring.permit for the state boating facilitXin which the vessel is moored or waters surrounding the state boating faciliri: or A~azticipant contestant p~anizer sponsor staff volunteer etc. associated with a film_.pemrit marine event permit or special use permit A miscellaneous permit as ~ovided in section 13-231-3 may be issued for sp.,cial cases gg a boatine trip that extends over seventy-two hours but does not exceed thirty days. [(a)] ~ [Persons eligible for the pazking permits descn'bed in section 13-233-28 and the fees Fees for the ar ' mots aze as follows: Eligrble persons Fees Per Vehicle (1) [An] A vessel owner or co-owner holding a valid [$5] 15 per quarter of the owner's vessel at the [small boat harbor] state boating facility, and arty co-owner of the vessel (2) The vessel master, spouse of each owner, and I S] 45 per quarter their legal dependents [18] ei hteen [year) years of age or older. 42 (3) [An] A vessel owner or co-owner holding a valid ($2] 10 for each use permit authorizing the mooring of the [24] twenri-four[-] owner's vessel at the (small boat harbor] state hour period or boating faciliri may secure a temporary parking fraction [at thereof] permit [which in no event] that shall not exceed of that tip [72] seven -two hours, for use by bona fide guests accompanying the owner on boazd the vessel on a voyage outside the confines of the [small boat harbor] state boating faciliri. Individuals issued a miscellaneous permit. $10 per twenri-four hour~eriod or fraction of that time [(4)] u [An owner or employee of a firm,] To. $30 per [quarter] and includm' g emnloyees of an~person, month business, or corporation authorized by the department to [organization operating under a lease or other agreement authorizing the owner, employee, Srm, business, or organization to] engage in a [business or] commercial activity at the [small boat hazbor] state boating facility. Anyone associated with a film. marine event, or $24 for each twenri- special use permit. Participants in a not-for profit four hour period or event shall be exem_„pt frompavine a fee. any fraction of that time Principal habitationpenmittee. No more than two Free of charge. parking permits per permittee. ~ Faihue to,_pav parking fees submitting fraudulent information on~ermir a~lications misusingpazkine passes or failing to abide by the provisions of this section shall be cause for the revocation of the parking permit by the drnartment after reasons for the revocation have been mailed or delivered to the last address on record. A fine may be levied as provided in section 13-230-4. [(b)] u Fees for permits issued after the first month of a calendar quarter shall be prorated on a monthly basis. ((c) Except as provided in subsection (a)(2), not more than one parking permit shall be issued to a person eligible for a parking permit.]" [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 43 47. Section 13-233-30, Hawaii Administrative Rules, is repealed: ["13-233-30 Replacement of mutilated stickers. The eligible holder of a parking sticker that becomes mutilated or illegible shall apply for and be issued a replacement sticker if the mutilated or illegible sticker is surrendered to the department. A fee of $1 shall be paid prior to the issuance of a replacement sticker."] [Eff 2/24/94 R ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, zoo-2a) 48. Section 13-233-31, Hawaii Administrative Rules, is repealed: 13-233-31 Transfer of permits. The holder of a pazking sticker may upon surrender of a parking sticker apply for and be issued another parking sticker to be applied to another vehicle owned by the holder. A fee of $1 payable in advance shall be paid prior to the issuance ofa new sticker."] [Eff2/24/94 R ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24)(Imp: HRS §§200-2, 200-4, 200-22, 200-24) 49. Section 13-233-32, Hawaii Administrative rules, is repealed: 13-233-32 Cancellation of permits. The hokler of a valid parking permit who disposes of the vehicle for which the permit was issued or who otherwise desires to cancel a parking pernvt may obtain a credit or refund as appropriate for any remaining unexpired month or months, upon surrender of the parking sticker to the department. No credit or refund shall be given for portions of a month."] [Eff2/24/94 R ] (Auth: HRS §§200-2, 200-4, 200-22, 200.24) (Imp: HRS §§200.2, 200-4, 200-22, 200-24) 50. Section 13-233-34, Hawaii Administrative rules, is repealed: ["§13-233-34 Violations and penalties. (a) It shall be a violation of this part for any person: (1) To cause, allow, permit, or suffer any vehicle within that person's comrol to be pazked, stopped, or standing in any parking stall for a consecutive period of time in excess of the parking time limit specified in section 13- 233-24 for the pazking meter zone in which the meter is located, irrespective of the number or amounts of the coins deposited in the meter, unless the vehicle occupying the parking stall displays a valid parking sticker or temporary pazking permit issued by the department. (2) To permit a vehicle within the person's control to be parked, stopped, or standing in any pazking stall during meter operating hours in the pazking 44 meter zone in which the meter is located while the parking meter for the stall indicates by signal that the lawful parking time in the stall has expired, unless the vehicle occupying the pazking stall displays a valid parking sticker or temporary Parking permit issued by the department. This provision shall also not apply during the act of parking or during the necessary time which is required to deposit immediately thereafter a coin or coins in the meter. (3) To fail to deposit the proper coins and to set the timing mechanism in operation as required under sections 13-233-25 and 13-233-26, unless the vehicle occupying the parking stall displays a valid pazking sticker or temporary pazking permit issued by the department. (4) To pazk, stop, or stand any vehicle across any line or marking of a pazking meter stall or in such position that the vehicle shall not be entirely within the stall designated by the lines or mazkings, except that a vehicle which is of a size too large to be parked within a single designated parking meter stall shall be permitted to occupy two adjoining parking meter stalls when coins shall have been deposited in the pazking meter stalls so occupied as is required in this subchapter for the pazking of other vehicles in the stall. (5) To park, stop, or stand a towing vehicle with a boat trailer attached in any parking meter stall (6) To permit another person not entitled thereto, to use or have possession of a pazking sticker. (7) To alter, forge, counterfeit, or imitate a parking sticker. (8) To possess or use a parking sticker, knowing it to have been altered, forged, counterfeited, or imitated. (9) To avoid or attempt to avoid compliance with this section by affixing to a vehicle, a parking sticker not authorized by the department. 0) To enclose, obstruct, or cause to be encbsed or obstructed any parking meter stall or portion thereof unless a pernut has been obtained from the department as required in section 13-233-27. (i 1) To deface; ¢rjme, ~;'d~Y~ or impair the usefulness of any parking meter installed under the provisions of this part. (12) To deposit or cause to be deposited in any parking meter any slugs, device or metal substance, or other substitute for lawful United States coins. (13) To disregard any official direction, instruction, or restriction indicated by or on official signs posted in a pazking meter zone. (b) A person who has violated this section may be fined as provided in section 13-230-4."] [Eff2/24/94 R ] (Auth: 1-IRS §§200-2, 200-4, 200-22, 200-24) (Imp: HIiS §§200-2, 200-4, 200-22, 200-24) 45 51. Section 13-233-40, Hawaii Administrative Rules, is repealed: 13-233-40 Establishment of vessel owner oazkirttt zone. Vessel owner parking zone 1 is established at the Ala Wai boat harbor in the area descn'bed in Exhibit 3 and shown on Exhibit 2, dated January 26, 1985, located at tbe end of this chapter."] [Eff 2/24/94 R ] (Ruth: HRS §§200-2, 200-4) (Imp: HRS §§200-2, 200-4) 52. Section 13-233-42, Hawaii Administrative Rules, is repealed: ("§13-233-42 Vessel owner parkingpermits. The vessel owner pazking zone 1 is designated for vehicles displaying a valid parking sticker (decal), issued by the department, on the left-hand side of the rear bumper or as neaz thereto as the configuration of the motor vehicle permits or displaying a valid temporazy parking permit in or on the vehicle so as to be cleazly visible from the outside."] [Eff 2/24/94 R ] (Ruth: HRS §§200-2, 200-4) (Imp: HRS §§200-2, 200-4) 53. Section 13-233-43, Hawaii Adnnistrative Rules, is repealed: 13-233-43 Eligibility for ~azkingpennits within the vessel owner pazkinQ zone; fee ver vehicle. (a) The persons eligible for pazking permits pursuant to section 13-233-29 and the fees for the permits are: (1) Pennittees holding valid use permits to moor their vessels at a small boat harbor, their spouses, vessel master, and their legal dependents eighteen years of age or older. The fee per vehicle per calendaz quarter shall be: (A) $5 for each owner or co-owner; and (B) $ I S for other eligible persons; and (2) The fee for permits issued after the first month of a calendaz quarter shall bepiros a Not more than one parking pernut shall be issued to a person eligible for a pazking permit."] [Eff2/24/94 R ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 54. Section 13-234-1, Hawaii Administrative Rules, is amended to read as follows: "§13-234-] General statement (a) The user fees and chazges relative to the use of state (property and] boatine facilities, [at a small boat harbor] ocean waters and navigable streams and beaches of the State, are[: (l) Calculated to produce an amount at least sufficient to pay the expenses of operating, maintaining, and managing the facilities and services and the 46 cost including interest, of amortizing capital improvements for boating facilities appropriated after July 1, 1975, including, but not limited to, berths, slips, and related accommodations, exchuive of the costs of constructing, operating, and maintaining general navigation channels, protective structures, and aids to navigation; and (2) Fixed with due regard to the primary purposes of providing public recreational facilities and promoting the fishing industry. See] for the administration and reguLition of the ocean recreation. and boating programs as defined by sections 200-2, [and] 200-3, 200-4, 200-08, 200- 10 200-12, 200-21, 200-22, [Hawaii Revised Statutes] HRS. (b) Nothing contained in this subchapter shall be construed to Limit the authority and power of the department to waive any fees, or to assess any reasonable fees and charges in addition to those specifically provided in this subchapter for trivial or infrequent uses of state property, facilities, or services[;] if fees for the uses are not contained [herein] in this subchapter[;], or as the circumstances may warrant. (c) The acceptance of payment, or billings [therefor], shall not waive the nature of trespass or ratify or pemvt illegal mooring, docking, storage or parking." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-10, 200-21, 200-22, 200-24) (Irnp: HRS §§200-2, 200-3, 200-4, 200-I0, 200-21, 200-22, 200-24) 55. Section 13-234-2, Hawaii Administrative Rules, is amended to read as follows: "§13-234-2 Payment, delinquency and liens. (a) [Security deposit and method of payment: (1) Security deposit. A pernuttee, upon being issued a use permit, shall in addition to paying fees and charges as they become due, deposit with the State in legal tender or in such other form as may be acceptable to the State, an amoorn equatto two mpnths` fees prescribed in the Hiles in effect on the date of issuance of the permit as security for the faithfiil perfom~ance on the permittee's part of all the terms and conditions, specified therein.] The mooring permittee shall pay a security deposit that may be a certificate of deposit that names the State as a co-owner in an amount equal to two times the mooring fees at the rate described in the rules at the time a permit is issued Conditions of the deposit aze as follows: On the effective date of any increase in moor' fees [and charges], the permittee shall deposit [such] the additional amount to cover the increase. The State shall refund any excess deposit if the moon fees [and charges] aze reduced. After successful inspection by the department ["The] the deposit [will] shall be returned, without interest, to the pernvttee upon the termination of the 47 permit only if the permittee has met the terms and conditions of the pettnit [have been faithfiilty performed] to the satisfaction of the department. In the event the permittee [does not so perform] fails to abide by the conditions of the permit, the department may declare the deposit forfeited or apply it as an offset to any amounts owed by the permittee to the State under the use permit, or to any damages or [loss] Losses caused to the State by the permittee. The exercise of the permittee's option is without prejudice to the right of the State to institute action for debt or damages against the permittee or to take any other or further action against the pennittee as may be provided by law or these rules for the enforcement of the rights of the State under the use permit. [(2) Advance payment required. As a prerequisite to the issuance of a use permit the pemrittee shall make a security deposit pursuant to section 13- 234-2, pay the permit processing fee, one month's fees and charges, and any other fees and charges that may be due and payable to the State; provided that if the effective date of the use permit is other than the first day of the month, charges shall be properly prorated for the balance of the month and these prorated charges shall be paid.] [(3)] ~ [Method of payment of fees and charges.] The following fees and charges shall be paid in advance without notice or demand on the first day of each and every month during the life of the use permit, except that the amounts due for the first month shall be paid [prior to the] upon issuance of the permit as described in this section [13-234-2]: (A) Mooring; (B) Residence; (C) Electricity; (D) Shower; (E) Dry storage; (F) Gear locker; (G) Facilities constructed by others; and (I-~ Rent anti nther..fixefl r .~,rrino.fe~s_andcharges. [(b)] ~ Permit processing fees are due and payable in advance. [(c)] l~ All other fees and charges are due and payable on the first day of the month after they are incurred. [(d)] ~ [Fees] User fees and charges for the last month shall be [properly] prorated at the daily rate calculated on athree-hundred and sixty-five day vear. If the termination is at the owner's option, unless a written notice of irnent to vacate has been received by the department from the boat owner at least thirty days in advance of the termination date, as prescribed in section 13-231-9, the owner shall be liable for the full amount of the monthly fees and charges. [(e)] ~t All fees and charges shall become delinquent [thirty days] at the end of the month aRer they become due and payable. [All] ~ delinquent accounts [will] >~X be referred to the Credit Bureau Services if they remain unpaid on the day the account becomes delinquent. 48 ((t)] ~ Without prejudice to any other remedy available to the State, interest and, regazdless of the amount of the delinquency, a ($25.00] 25 per month service charge shall be assessed (on all delinquencies] for each delinquent fee or charge owed tbe department. The interest shall be computed at a rate of one per cent per month, annual percentage rate of twelve per cent, on tbe delinquent amount. The interest and service charges shall continue to be assessed until the delinquency is paid in full. [(g)] u In the event the fees [and charges which] I~ [shall] have accrued in favor of the departmern [shall not be] have not been paid as provided in these rules, the department may, after [reasonable notice] giving thirty days written notice as provided in section 13-230-6, take possession of the vessel, its tackle, apparel, Extures, equipment, and furnishings, and may retain [such] possession of the items until all charges [then owing] owed to the department, including [and] any chazges [which] that (shall thereafter] have [accrue] accrued aze [fully] paid in full. The remedy [thus] provided in this section is in addition to and not in lieu of any other remedies [which] that the department may have by virtue of statute or otherwise. l1 Chaz~es associated with negotiable instruments shall be in accordance with standazd business practices including surcharge for the use of credit cards if acceptable." [Eff2/24/94; am and comp ] (Auth HRS §§200.2, 200-3, 200-]0, 200-22, 200.24) (Irnp HRS §§200-2, 200-3, 200-10, 200-22, 200-24) 56. Section 13-234-3, Hawaii Administrative Rules, is amended to read as follows: "§13-234-3 Mooring rates. (a) The [following] mooring rate schedule noted in paragraph 1 shall become effective on the Srst day of the [calendar] Srst full month (following] occurrin¢. after the effective date of the amendments [of] to this chapter and shall be increased each twelve months thereafter for the next two veers as noted in paza¢raphs 2 and 3. The mooring rate schedule in this subsection is per foot of vessel length overaII per month effective upon the applicant's acceptance of the offer of an available berth. [TYPE OF MOORING HARBORS KEEHI LAHAINA MAALAEA & ALA WAI HONOKOHAU ALL OTHERS (1) Alongside catwalk: $3.40 $2.95 $2.50 (2) BowJstem mooring: On state buoy, anchor or cable: $2.70 $2,30 $2 Minimum fee: $35.00 $35.00 $25.00 49 On owner's buoy or anchor: $1.75 $1.50 $1.30 Minimi;m fee: $28.00 $28.00 $20.00 (3) In hazbor basin: On state cable, buoy, or anchor: $1.20 Minimum Fee: $20.00 On owner's buoy or anchor: $ ' 80 Minimum Fee: $13.00 (4) Skiff moorings (Fore and aft, all types): $1.15 $1.10 $1.00 Minimum Fee: $17.50 $16.00 $12.50 (5) Work docks (Per foot of vessel length Per' day): $ .35 $ .30 $ .25 Minimum Fee: $9.00 $7.00 $5.00 The following mooring rate schedule shall be implemented on the first day of the calendar month twelve months following the effective date of the rates listed above. TYPE OF MOORING HARBORS ICEEHI LAHAINA MAALAEA & ALA WAI uON0140HAU ALL-O'TEIERS (1) Alongside catwalk: $4.10 $3.50 $2.80 (2) Bow/stern mooring: On state buoy, anchor or cable: $3.40 $2.85 $2.50 Minimum fee: $43.50 $43.50 $31.00 On owner's buoy or anchor: $2.20 $1.85 $1.60 Minimum fee: $34.75 $34.75 $24.80 (3) In harbor basin: 50 On state cable, buoy, or anchor: $1.50 Minimum Fee: $24.80 On owner's buoy or anchor: $1.00 Minimum Fee: $ l 6.10 (4) Skiff moorings (Fore and aft, all types): $1.45 $ l .35 $1.25 Minimum Fee: $21.70 $19.85 $15.50 (5) Work docks (Per foot of vessel length per day): $ .45 $ .40 $ 30 Minimum Fee: $11.15 $8.70 $6.00J TYPE OF MOORING AND STATE BOATING FACILITIES Mooring rates that become effective on the first day of the first full month occurring after the effective date of the amendments: Kee ' All Maalaea, Others Ala Wai Lahaina Nawiliwili & Honokohau Alone catwalk: 11.70 7.00 4.75 3.80 Bow-stern mooring: On state buov. anchor or 9.70 5.70 3.85 $3.40 cable: (Minimum fee): 116.40 68.40 46.20 0.80 On owner's buoy_or anchor: 6.25 3.70 2.50 2.15 (Minimum tee): $75 44.40 30.20 25.80 In harbor basin: On state cable, buoy or 2.05 anchor: (Minimum fee): $24.60 On owner's buov or anchor: 1.35 51 (Minimum feel: 16.20 Skiff and dinghy moorings (fore 4.15 $2.70 1.80 1.70 and aft, all types:) (Minimum fee): $49.80 32.40 21.60 20.40 Work docks (per foot vessel 1.30 80 cents 55 cents 40 cents len h/da {Minimum feel: 15.60 $9.60 6.60 4.80 Mooring rates that become effective on the first day of the calendar month twelve months following the effective date of the mooring rates noted in pazagraph (1): Keehi, All Maalaea, Others Ala Wai Lahaina Nawiliwili & Honokohau Along catwalk: 12.90 7.70 5.25 4.20 Bow-stern mooring: On state buoy, anchor or $10 $6.30 4.25 $3.75 cable: MMinimum fee): 120 75.60 51 45 On owner's buoy or anchor: 6.90 $4] 00 2.75 2.40 (Minimum fee): 82.80 $49.20 33 28.80 In hazbor basin: On state cable, buoy or $2.25 anchor: (Minimum feel: $27 On owner's buoy or anchor: 1.50 Minimum fee): 18 Skiff and dinghy moorings (fore $4_55 $3 ~ 1.90 and afl, all tomes:) ~Iylinimum feel: $54.60 36 24 22.80 52 Work docks (ner foot/vessel $1_45 90 cents 60 cents 45 cents ]e h/da (Minimum feel: 17.40 10.80 7.20 5.40 Moorine rates that become effective on the first day of the calendar month twelve months following the effective date of the tnoorine rates noted in pazagranh (2): Kee ' All Maalaea, Others Ala Wai Lahaina Nawiliwili & Honokohou Along catwalk: 1$ 3.55 $8.10 5.50 4.40 Bow-stem moorin¢: On state buoy. anchor or ] 1.55 6.65 4.50 3.95 cable: (Minimum fee): 138.60 79.80 54 47.40 On owner's buoy or anchor: 7.25 4.30 2.90 2.50 (Minimum fee): $87 51.60 34.80 30.60 In hazbor basin: On state cable, buov or 2.35 anchor: (Minimum fee): 28.20 On owner's buov or anchor: 1.60_ (Minirnum fee): 19.20 Skiff and dinghy moorin sg (fore 4.80 3.15 2.10 and aft, all t~es:l Minimum fee): 57.60 37.80 25.20 24 Work docks (per foot/vessel $1.50 95 cents 65 cents 50 cents len h/da (Minimum fee): $18 11.40 $7_80 $6 Moorine rates shall be increased by the department at a rate of three ner cent per veaz beeinningtwelve months after the moorin rg ales provided in subsection (a)(3) take effect and each subsequent yeaz thereafter for aperiod not to exceed five years. 53 The department may re-evaluate the percentage increase as described in this subsection every five veazs. [(b)] ~ The mooring rate schedule in [subsection] subsections (a) and (b)(bl shall apply to single-hulled vessels, except as otherwise [prescribed] provided in this section, or in sections 13-234-5, 13-234-7 and 13-234-25. [(c)] ~ Amulti-hulled vessel shall be charged mooring fees in proportion to berths used in increments of one, one and one-half, or two times the fee prescribed in [subsection] subsections (a) ana (bl for asingle-hulled vessel of equal length. [(d)] ~ When more than one vessel occupies a single berth end to end, the chazge shall be computed at the rate prescribed in [subsection] subsections (a) ana rol. [(e)] (~I Except for [subsection (a)(5)] fees for work docks, which [sets] set out the minimum chazges per day, the amounts set out in the mooring rate schedules in [subsection] subsections (a) ana (bl aze the minimum charges per month. [(f) If the assigned berth/mooring under subsection (a)(1) and (a)(2) is not provided with electricity, the fee prescribed shall be decreased by $.OS per foot per month.] ~ Living_aboard permittees sixty-five yeazs of age or older on December 1, 2000 and who have been residents of the State for at least three of the last five years upon the effective date of these rules shall not be subiect to the fees increases as provided in subsection (a) except that the department may increase the moorine fee three per cent benimvne twelve months after the effective date of the amendments to these rules and each subsequent year thereafter for a period not to exceed five years. The department may re evaluate the percentage increase as described in this subsection every five years. This senior discount shall expire upon the death of the living aboazd permittee or if the permit is not renewed except that the livine aboazd permit may be transferred to the deceased permittee's spouse as described in subsection (hl If the vessel registration is transferred to anyone else other than the livin¢ aboazd permittee's spouse or if the livine aboard permittee chooses to dace a different vessel in the slip, the fees as provided in subsections (a) and (bl shall apply. Anv-saowse who assmnec ctwnerchip-of a vessel ~ermittee upon the death of the living aboard permittee and who obtains.a livin¢ aboard pe,,,,;r shalt „ter M c„h;rrt to the-fire deserihd in subsections (al and (b) provided that the new liven ag board pemuttee was sixty-Sve years or older on December 1, 2000 and had been a resident of the State for at least three of the last five veazs prior to the time of the spouse's death The fees shall revert to the fees provided in subsections (al and (bl upon the death of the new living_aboazd permittee or if the new living aboazd pemvttee chooses to place a different vessel in the slip." [Eff 2/24194; am and comp ] (Auth: I-IRS §§200-6, 200-10, 200-22, 200-24) (Imp: IIRS§§2oo-6, 200-10, 200-12, 200-22, 200-24) 54 57. Section 13-234-4, Hawaii Administrative Rules, is amended to read as follows: 13-234-4 Moorin¢ rates for offshore mooring and anchorirt¢. (a) The [following] mooring rate schedule noted in paraazaph (11 shall become effective on the first day of the [calendar] first full month [following] occurrine after the effective date of the amendments [of] to this [section] chanter and shall be increased each twelve months thereafter for the next two veazs as noted in nazaeraphs (21 and (31. The mooring rate schedule is per foot of vessel length overall per month: [(1) On state buoy, anchor or cable: vessel rate length 0-30' $1.05 31-40' $1.15 41-50' $1.25 51-60' $1.35 61-70' $1.45 71-80' $1.55 81-90' $1.65 over 90' $1.75 Minimum monthly fee: $25.00 (2) On owner's own buoy or at anchor: vessel length rate 0-30' $0.70 31-40' $0.80 41-50' $0.90 51-60' $1.00 61-70' $1.10 71-80' $1.20 81-90' $130 over 90' $1.40 Minimum monthly fee: $16.50] Offshore mooringand anchorin¢ rates that become effective on the first day of the first full month occurring after the effective date of the amendments to this cha ter: On State Buov. Anchor or On Owner's Own Buov, or Vessel Length Overall Cable at Anchor 0'-30' $1_40 95 cents 55 31'-40' 1.55 1.10 41'-50' 1.70 1.20 51'-60' 1.80 1.35 61'-70' 1.95 1.50 71'-80' $2.10 1.60 81'-90' 2.25 1.75 Over 90' 2.35 1.90 Minimum Monthly Fee $34 22 Offshore mooruie and anchoring rates that become effective on the first day of the calendar month twelve months followine the month the mooring rates noted in pazagraph ~ become effective: On State Buoy, Anchor or On Owner's Own Buoy, or Vessel Length Overall Cable at Anchor 0'-30' 1.55 1.05 31'-40' $1.70 1.20 41'-50' 1.90 1.30 51'-60' $2 1.50 61'-70' 2.15 1.65 71'-80' 2.30 1.80 81'-90' 2.50 1.95 Over 90' $2_60 2.10 Minimum Monthly Fee ~ 25 Offshore moorine and anchors rates that become effective on the first day of the calendaz month twelve months following the mooring rates noted in pazagraph (2): On State Buoy, Anchor or Un Owner's Own Buov, or Vessel Length Overall Cable at Anchor 0'-30' $1_65 $1.10 56 31'-40' 1.80 1.25 41'-50' ~Z 1.40 51'-60' 2.10 1.60 6 ]'-70' 2.25 l .75 71'-80' 2.40 1.90 81'-90' $2_60 2.05 Over 90' 2.75 2.20 Minimum Monthly Fee 40 26 (b) The fee for bazges,_platfonns ,and [other] commercial vessels [over fifty feet in length] having no operating means of propulsion shall be two times the rate listed in subsection (a). (c) The fee for vessels anchored or moored without a permit issued by the department shall be at the rate [specified] a~rovided in section 13-234-5. Persons issued a mooring permt under this section shall be entitled to the use of any designated dinghy mooring area at no chazge. ~ Mooring rates shall be increased by the department at a rate of three per cent per veaz be~uuilng twelve months after the mooring rates as provided in subsection (al(3) take effect and each subsequent veaz thereafter for a period not to exceed five yeazs The department mare-evaluate the percentage increase as described in this subsection every five veazs." [Eff2/24/94; am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-6, 200-22, 200-24)(]mp: HRS §§200-2, 200-3, 200-4, 200-6, 200-22, 200-24) 58. Section 13-234-5, Hawaii Administrative Rules, is amended to read as follows: 13-234-5 Mooring fees for vessels assigned temporary moorings or occupying moorings without permission. (a) [Visitors and others] Persons assigned a [berth] mooring for a temporary period of more than thirty days shall make the security deposit and pay mooring fees as prescribed in this chapter. (b) Those assigned a [berth] moorin for a period of thirty days or less shall not be required to make the security deposit [referred to] a~rovided in section 13-234-2, [as they] but shall be re~C uired to pay fees in advance. (c) The fees [prescribed] descn~bed in subsection (d) shall apply for the entire period the vessel is in the [small boat harbor] state boating facility. (d) The mooring fees for a vessel assigned a [berth] mooring for thirty days or less shall be as provided in sections 13-234-3 or 13-234-4 plus ten per cent, for each 57 twenty-four hours or any fraction of that time period. Rate per 24 hours or fraction thereof At Berth At Anchor or moored (1) Less than 20 feet $3.45 $2.25 (2) 20 feet or more but less than 30 feet $4.60 $3.00 (3) 30 feet or more but less than 40 feet $5.75 $3.75 (4) 40 feet or more but less than 50 feet $6.90 $4.50 (5) 50 feet but less than 60 feet $7.95 $5.75 (6) 60 feet but less than 70 feet $9.20 $7.50 (7) 70 feet but less than 80 feet $10.35 $8.50 (8) 80 feet but less than 90 feet $11.50 $9.25 (9) 90 feet but less than 100 feet $12.65 $I 1.50 (10) 100 feet or more $13.80 $13.00] (e) The mooring fees for a vessel moored in a [small boat harbor] state boating facility without emussion of the de artment or in violation of section 13-231-17 shall be: Leneth of stay Fee (1) 30 days or Less [-to] 1-1/2 times the fees stated in subsection (d) [above]; (2) 31-60 days 2 times-fhe-feesstafed~in-subseefion (d){above] for the [days] period over 30 days; (3) More than 60 days ]3 times the fees stated in subsection (d) for the period over 60 days, The fees for a vessel moored in a state boatin fg acility work dock area in violation of this section or section 13-231-17 shall be: Length of stay Fee 30 days or less ]-1/2 times the fees stated in subsection (d); 31-60 days 2 times the fees stated in subsection (d for the period over 30 days; 58 More than 60 davs 3 times the fees stated in subsection (dl for the period over 60 davs. [(f)] ~ In addition to any civil remedy or criminal action available to the department, vessels moored without permission shall be liable for the payment of fees chazgeable to [such] the moorage. The acceptance of the payment shall not waive the nature of trespass or ratify or permit the unlawful or illegal mooring." [Eff 2/24/94; am and comp ] (Auth: HRS §§200-6, 200-10, 200-12, 200-22, 200-24) (Imp: HRS §§200-6, 200-10, 200-12, 200-22, 200-24) 59. Section 13-234-6, Hawaii Administrative Rules, is amended to read as follows: 13-234-6 Fees for vessel absent for more than fourteen davs. Any [holder of a use permit who has applied as prescribed in section 13-231-11 to retain the permit to use the assigned berthing space and any other related use permits upon the permittee's return, and whose application has been approved ]regular mooring pemrittee who has been granted a leave of absence by the department, as described in section 13-231-11, shall continue[,] to pay mooring fees as described in section 13-234-3 and any other permit or facilit~or user fees that accrue to the account during [any] the leave of absence- [of thirty days or less from the assigned berth, to pay fees for the berthing space and any other use permits designated in the application at the rate established in section 13-234-3 and other applicable sections ofthese rules. Where the absence permitted under section 13-231-11 exceeds thirty days, then for the period in excess of thirty days the mooring fees for the berth retained, and the fees prescribed in these rules for any facilities or services actually utilized by the pernuttee during the pernvttee's absence, shall be due and payable to the department.] During [such] the approved leave of absence, the department may issue a temporary [use] moorin pernut for the use of the berthing space by another vessel and charge mooring fees and any other fees that accrue [from] to the temporary permittee at the rate_grescr~bed..in-thc;seuvles t~~ ^.,~p~.T *';^n ofsiuti faPCr in 1P^rP~~o the account of the permanent pemuttee amounting to fifty per cent of the regular mooring fee, prorated on a daily basis, for the period that temporary mooring fees aze collected for the use of the berth]." [Eff 2/24/94; am and comp ] (Auth: HRS §§200-10, 200-22, 200-24) (Imp: HRS §§200-]0, 200-12, 200-22, 200-24) 60. Section 13-234-7, Hawaii Administrative Rules, is amended to read as follows: 13-234-7 Mooring fee for vessels owned by [nonresident] non-residents. The mooring fee for vessels owned by [nonresidents] non-residents, assigned a [permanent] berth in any state [small boat hazber] boating facility, shall be [ten] twen per cent higher than the mooring rate schedule in section ] 3-234-3 (a), [and] (b)[(1)] and c [Eff 59 2/24/94; am and comp ] (Auth: HRS §§200-1Q 200-12, 200-22, 200-24) (Imp: HRS §§200-10, 200-12, 200-22, 200-24) 61. Section 13-234-8, Hawau Administrative Rules, is amended to read as follows: 13-234-8 Stay-aboard or principal habitation fee. (a) The owner of a vessel moored in a state [small boat hazbor] boatin fg acilitX and authorized to be used as a place of principal habitation, shall pay, in addition to mooring and any other applicable [fee] user fees or [charge] charees, a principal habitation fee computed according to vessel length (not vessel length overall) which is: (1) $5.25 per foot of vessel length per month if the owner is a state resident; and (2) $7.80 per foot ofvessel length per month if the owner is anon-resident; provided that for any calendar yeaz beginning after January 1, 1987 upon thirty days prior written notice from the department, the principal habitation fees established by this subsection shall be increased based on this increase in the annual cost of living index (IJ.S. Department of Labor, U.S. City Average Urban Consumer Price Index for "all items"), but the increase for any calendaz yeaz shall not exceed five per cent. (b) The owner or operator of a transient vessel, or visiting vessel, shall pay a stay-aboard fee of [$2.00] 5.00 per [person] guest or crew member staying aboard a vessel, in addition to mooring or any other fees and chazges, for each and every night that any person remains on boazd the vessel while the vessel is moored in a state [small boat harbor] boating_facilitv." [Eff2/24/94; am and comp ] (Auth: HRS§§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) 62. Section 13-2349; Hawaiiative-Rnies~s amended to read as follows: ] 3-234-9 Stay-aboazd or principal habitation fee for offshore mooring or anchoring. The owner of a vessel or houseboat moored or anchored outside a [small boat harbor] state boating facility and authorized to be used as a principal place of habitation or for staying aboazd shall pay, in addition to any other applicable [fee] user fees or [chazge] chazges, a principal habitation fee, or a stay-aboazd fee as appropriate, which shall be [one-half] the rate specified in section [13-234-7] 13-234-5." [Eff2/24/94; am and comp ](Auth: HRS §§200-2, 200-6, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-6, 200-10, 200-22, 200-24) 60 63. Section 13-234-10, Hawaii Administrative Rules, is amended to read as follows: "§13-234-10 Electricityuser fee. The minimum monthly user fee for [the use of electricity] non-metered electrical service provided at the berth when furnished by the State at a [small boat harbor] state boating facility shall be as follows: [(1) When no person lives aboard....$5.75 (2) When no person lives aboard but electricity is used for refrigeration...$11.00 (3) When persons live aboard but electricity is not used for cooking or refrigeration. $11.00 (4) When persons live aboard and use electricity for cooking or refrigeration $25.00 Vessel Fees Vessels without refrieeration up to 40 feet vessel 40 leneth overall Vessels with refrigeration up to 40 feet vessel 50 len h overall and vessels without re eration greater than 40-feet vessel length overall. Vessels with refrigeration ereater than 40-feet. 60" vessel length overall. [Eff2/24/94; azn and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-] 0, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) 64. Section 13-234-11, Hawaii Administrative Rules, is amended to read as follows: 13-234-11 Shower user fee. Showers with hot water, when provided, are intended primarily for the use of persons having vessels moored in the [small boat harbor] state boatin fag cility. If sufficient shower facilities aze available, the department may [permit, if reasonable under the circumstances,] allow persons who aze authorized to conduct business [on small boat harbor premises] at state boating facilities pursuant to section ] 3-231-51 [to utilize such] the use of the shower facilities. A monthly user fee of [$6.00] ] 0 shall be assessed for each [such persons] ep rson using the showers, except those under the age of four and those paying [residence service] principal habitation or stay aboard fees. No persons shall [utilize] use the [aforementioned] shower facilities unless that person has [secured a use] been issued a permit from the department authorizing use of the facilities. [Each person] Each germittee [authorized by the department to utilize the shower facilities, except those under the age of four,] may 61 [secure one] obtain a shower facility key or cazd in accordance with provisions in section 13-234-32. [The person shall deposit the following amount with the State prior to receiving the key, as security for prompt return of the key upon termination of the use permit: (1) $20 if the use permit is valid for a period of more than ninety days. (2) $30 if the use permit is valid for a period of ninety days of less. This deposit shall be forfeited in the event the permittee does not return the key to the department on or before the termination of the use permit.]" [Eff 2/24/94; am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) (Imp: I3RS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) 65. Section 13-234-12, Hawaii Administrative Rules, is amended to read as follows: 13-234-12 Drv storage and vessel repair. (a) A person, holding a valid moorine or commercial activity [use] permit issued by the department [allowing the person to moor a vessel in a small boat harbor,] may be authorized [by the department] to use a designated location on land within [such harbor] a state boating faciliri for a period not to exceed ten days in any calendar year to refurbish or repair [such] a vessel without payment of a dry storage fee but shall be required to pay a refundable security deposit of 300; provided that suitable space is available and [any such] the storage [will] shall not unduly interfere with the maximum and efficient public utilization of [a small boat harbor facilities] the state boatin fg acility. [The pernvttee shall however, not be entitled to a reduction in the mooring fees applicable to the temporarily vacated berth. Saturdays, Sundays, and state holidays shall be excluded in the computation of the ten days free time.] The permittee shall be required to abide by the following in order to have the security deposit returned: Abide by the Environmental Protection Aeency's Snal approved guidelines for best Clean the repair or storage azea of any debris due to any repairs made. [(b)] ~ Vessels, vessels [upon] on trailers, or empty boat trailers may, upon approval by the department, be stored on land at a [small boat harbor] state boatine facility; provided that suitable space is available and such storage [will] shall not unduly interfere with maximum and efficient public utilization of [small boat hazbor facilities] the state boating facility. [Except as provided in subsection (a), the] The user fee for the storage or repair of vessels or boat trailers on land at a [small boat hazbor] state boatine facility shall be as follows: 62 Ala-Wai and Keehi Type of Storage or Repay L oat Hazbonsl state All others boating facilities (1) Vessels stored on land, per foot of vessel length, cradle length, or trailer length, whichever is greater, per month paved azea_ [$1.25] 2.50 [$1.15] 2.40 unpaved azea; [$1.15] 2.40 [$1.00] 2.25 (2) Empty boat trailer per [$20.00] 40 [$15.00] 30 month (3) Minimum monthly charge for vessel storage [$20.00] 75 [$15.00] 60 (4) The charges for one-half month or less shall beone-half of the monthly rate. (c) Boating equipment or other items used in connection with boats moored in [small boat hazbors] state boating facilities, upon approval of the department, may be stored at [such hazbors] state boating facilities if it can be done without unduly interfering with [small boat harbor] the state boating facility's operations. The monthly chazges for use of such stora e s ace shall be: Ala-Wai and Keehi Type of Storage (Boat Hazborsl state All others boating facilities (1) Open storage on paved .35]$1 .25] 75 cents azeas, per square foot per month (2) Open storage on unpaved .25] 75 cents .IS] 50 cents areas, per square foot per month (3) The minimum chazge per [$15.00]$100 [$8.00]$75 month (4) For less than one-half month, the charge [will] shall beone-half of the [above] full monthly rate provided in pazagraph (31. (d) A person who does not hold a valid mooring pemut for a particulaz [small boat harbor] state boating facility may be [permitted] allowed by the department to use a designated location on land within that [harbor] state boating facility for a period not to 63 exceed six months to repair or refurbish a vessel, provided that suitable space is available and [such] storage [will] shall not unduly interfere with maximum and efficient public utilization of [small boat harbor facilities] the state boating facility. The permittee shall be required to pav a refundable security deposit of $300 and meet the conditions of subsection (bl and [The] the charge for the use of the land shall be the same as specified in subsection (c). (e) The department shall not be responsible for any claim for loss or damage by reason of theft, fire or any other cause in connection with any personal property stored in the designated storage area. ILZ The user fees for a vessel or equipment stored at a state boatin fg acility that is in violation of this section or section 13-231-17 shall be: Leneth of storage Fees u 30 days or less 1-1/2 times the fees stated in subsections (bl and 31-60 davs 2 times the fees stated in subsections (b) and (cl for the period over 30 davs; L3) More than 60 davs 3 times the fees stated in subsections (b) and (c) for the period over 60 davs." [Eff2/24/94; am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) 66. Section 13-234-13, Hawaii Administrative Rules, is amended to read as follows: 13-234-13 Geaz locker fee. (a) The charge for the use of gear lockers provided by the State shall be: [(i) Stanaard wood locker $5.50 per month (2) Trian ulaz fiber lass locker $3.00 er month Tempe of geaz locker Fee Gear locker with a volume equal to or realer than eleven cubic feet. $7.50 per month Geaz locker with a volume of less than eleven cubic feet. $5 per month (b) In the event that permission is given by the department for a boat owner to provide a personal gear locker pursuant to section 13-232-44, the charge for storage space, while the permit remains in effect, shall be [thirty] fi~ft per cent of the rate established in subsection (a)." [Eff2/24/94; am and comp ] 64 (Auth: HRS §§200-2, 200-1Q 200-22, 200-24) (Imp: HRS §§200-2, 200-10, 200-12, 200-22, 200-24) 67. Section 13-234-16, Hawaii Administrative Rules, is amended to read as follows: 13-234-16 Permit arocessing fees. The [chazge] non-refundable fee for the processing of a use permit shall be as follows: [(1) Initial issuance of permanent permit for docking, mooring, or anchoring a vessel (see section 13-231-3) $5; initial issuance of commercial permit $25; (2) Renewal ofpermanent permit for docking, mooring, or anchoring a vessel (see section 13-231-5) $5; renewal of commercial permit $15; (3) Revision ofpenvit (A) At owner's request $5; or (B) By department's action (see section 13-231-7) no chazge; and (4) All other use permits listed in section 13-231-3: (A) Initial issuance $5; and (B Renewal of ermit $3. Permits Fees Initial issuance of a commercial activity permit 50- Renewal of a commercial activity permit 50• Issuance of film permits: 25' Substantive revision of permit: At owner's request: 6.50; or ~B By denartment's action (see section 13-231-71 no charee. [If a pennittee utilizing any property or facility fails to renew a use permit on or before the date on which it expires, the applicable renewal fee phis a penahy fee of $1 per month shall be collected from the permittee for each month or fraction of a month the permittee is late in applying for renewal of a permit and any other penalty fees provided by these rules.]" [Eff 2/24/94; am and comp ] (Auth: HRS §200-] 0, 200-22, 200-24) (Imp: HRS §§200-2, 200-12, 200-22, 200-24) 68. Section 13-234-19, Hawaii Administrative Rules, is amended to read as follows: "§13-234-19 Kailua-Kona Hier [Parkingl oazkin¢ fees[ -reserved spacel. [(a) The 65 fee for parking a vehicle in a space reserved by the department for the exclusive use of any person shall be as follows: (1) Reserved pazking, covered $30 per month. (2) Reserved parking, uncovered $20 per month] ~ Individuals possessing_a valid mooring nernrit for Kailua Bav may be issued a permit for automobile ~azking at a rate of $75 der quarter per permit. [(b) The establishment of reserved parking spaces normally does not permit maximum efficient public utilization of parking facilities. Therefore, parking spaces shall not be designated for the exclusive use of any person, other than when necessary for the parking of government or other official vehicles, unless suitable space is available and such use will not interfere with maximum and efficient public utilization of small boat hazbor facilities. Any reserved spaces established shall be assigned on a "first-come, first- served" priority system The following shall be eligible for assignment to any reserved parking space that is established for use by the public: (1) A person holding a valid use permit authorizing the person to moor that person's vessel at the small boat harbor, the vessel owner, co-owner, and master; and (2) An owner or employee of a business or organization operating under the provisions of a lease or other agreement authorizing the owner or employee or the business or organization to engage in a business or commercial activity at the small boat hazbor.] Annual ground transportation fees shall be in accordance with section 13-234-38. [(c) No person shall park a vehicle in a reserved parking space so designated by a posted sign unless authorized by the department.]" [Eff 2/24/94 am and comp ] (Ruth: HRS §§200-2, 200-4, 200-1Q 200-22, 200-24) (Imp: I-~s §§200-2, Zoo-a, 200-10, 200-22, Zoo-2a) 69. Section 13-234-20, Hawaii Administrative Rules, is amended to read as follows: "§13-234-20 Salvage fee. The owner or designated representative ofa vessel in danger that is [saved, rescued, or secured] salvaged pursuant to section 13-231-19 shall be charged a fee for services and materials based on prevailing commercial rates plus ten per cent. In the cases where the department must perform remedial action more than once in a three hundred and sixty-five-day period beginning on the date of the first remedial action, the fees and charges shall be calculated in the following manner: Second occurrence: two times direct costs Third occurrence: three times direct costs Fourth and further occurrence: four times direct costs 66 ~ The owner or authorized representative shall be responsible for Having all fees and charges within t}Lrty days of notice as described in section 13-230-6. The notice shall inform the responsible party of the fees and chazges relatine to the remedial action. Delinquency in excess of t1Lrtv days in payment of any fees owed to the department shall result in assessment of interest computed at the rate of one per cent ner month and suspension of the mooring permit as applicable DelinauencYof over sixty days shall cause the automatic revocation of the mooringpennit as descnbed in section 13-231-6." (Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-4, 200-6) (Imp: HRS§§200-2, 200-4, 200-6) 70. Section 13-234-21, Hawaii Administrative Rules, is amended to read as follows: 13-234-21 Principal habitation application fee. Prior to [filing or renewing an application for] the issuance of a principal habitation permit, as provided in section 13-231-27(a)(2), the applicant shall pay to the department [an] anon-refundable application fee of [$15] 25. [The fee is not refundable.]" [Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-1Q 200-22, 200-24) 71. Section 13-234-23, Hawaii Admuristrative Rules, as amended to read as follows: "§13-234-23 (Application] Annual application fee for moorage. If all suitable berths in a [small boat hazbor] the state boating facility have been allocated, [to others] a person [may] shall apply annually, subject to the payment of application fees, for a future vacancy or to move in the future to another berth in the same [harbor] state boatine facili , as [prescribed) provided in section 13-231-5. In [small boat hazbors] state boating facilities where categories of berths have been established pursuant to section 13-231-5 only a single application fee [or fee for renewal of an existing application] shall be levied if arty applicant applies for [or renews applications for] more than one category of berth, provided that all applications were submitted on the same date, and provided that applications for Ala Wai and Keehi state boating facilities shall be limited to not more than two berth categories for a sin lg a application fee. (1) The application fee [or fee for renewal] of an existing application for a regulaz mooring permit shall be I S] $25 ~r year for any person who is a resident and [$100] $120 per yeaz for all other persons. (2) The application fee [or fee for renewal of an existing application] for a temporary mooring permit or an application to transfer in the future to another berth with the same chazacteristics in the same [harbor] state boating facility shall be $5 ep r year. 67 (3) No application for moorage[, renewal of such application], or for berth transfer shall be accepted until the applicant has paid the [prescribed] ~lication fee. The ~lication fee is [not refundable] non-refundable, provided that the ~ application fee for moorage [fee paid], less a $5 service charge, shall be returned to an applicant if the department rejects the [applicant's] application [or a renewal thereof] pursuant to section 13-231-82." [Eff2/24/94; am and comp ] (Auth: HRS §§200-2, 200-IQ, 200-22, 200-24) (Imp: HRS §§200-10, 200-12, 200-22, 200-24) 72. Section 13-234-25, Hawau Administrative Rules, is amended to read as follows: 13-234-25 Fees land chazaesl for commercial vessels [at state small boat harborsl usin¢ state boating facilities, Kaneohe Bav ocean waters, and beaches of the State. (a) [The] Notwithstanding the provisions of section 13-234-3 [notwithstanding], the following fees and chazges shall be assessed for services ~ovided by the department relating to mooring in[,] or [use of,] usin state [small boat harbor] boating facilities, Kaneohe Bav ocean waters and beaches of the State: [and services by a commercial vessel:] (1) [For vessels] The fee ~ month per vessel for a permittee with a commercial activi and regulaz mooring permit[. The fee per month, per vessel, for mooring of and use of the] who moors in and uses a small boat hazbor or any of the facilities [by a commercial vessel] in these harbors shall be the greater of two times the mooring fees [prescribed] as provided in section 13-234-3 or two per cent of the monthly gross receipts, [whichever is greater] effective on the date of the amendments to this section. The percentage of monthly gross receipts shall increase to two and one half der cent as of the first da~of the first full month following the effective-dale rrf-ths rule-and slydll ' ~af tire monthly Qross receipts as of the first day ofthe first full month following the twelfth month of the two and one-half per cent increase. In addition to the [aforementioned fee for] mooring [a commercial vessel in these small boat harbors] fees as provided in this section and section 13-234-3, the pemuttee shall also pay fees and charges in the amounts prescribed in these rules for any other facilities and services utilized [in] at the small boat hazlwr. (2) The fee der month for a ~muttee with a commercial activity and boat ramp wharf or other state boating facility permit, except a state small boat harbor permit shall be the greater of $200 per month or two per cent of the monthly Bross receipts effective on the date of the amendments to this section The percentage of monthlygross receipts shall increase to 68 two and one half per cent as of the first day of the first full month following the effective date of this rule and shall increase to three per cent of the monthly Bross receipts as of the first day of the first full month following the twelfth month of the two and one-half per cent increase. The single fee assessed for the use of a state boat ramp shall entitle the pemvttee to use any other state boat ramp_on the same island without an additional charge except for those boat ramps listed in section 13-231-67. The department shall provide upon issuance of a state boat ramp cermit, a set of trailer decals that shall be displayed on each side of the forward end of the trailer ton ue. [(2)] ~ For [vessels] permittees with a commercial activi permit only, the fee per month, [per vessel] for the use of [these small boat harbors or any of their facilities] a state boating facility Kaneohe Bay ocean waters or beaches of the State as defined by section 13-230-8. [by a commercial vessel moored elsewhere] shall be the greater of [$100] 200 or two per cent of the monthly gross receipts effective on the date of the amendments to this section. The percentage of monthly gross receipts shall increase to two and one half per cent as of the first day of the first full month following the effective date of this rule and shall increase to three per cent of the monthlygross receipts as of the first day of the first full month following the twelfth month of the two and one half per cent increase. [(3)] ~ The report of gross receipts shall be received by the department not later than the end of the month following the reported month and shall be submitted on a form acceptable to the department. [Failure] Unless otherwise provided by statutes, failure to submit the report of gross receipts as required for a period in excess of sixty days shall be cause for [ternvnation] automatic revocation ofthe commercial activi permit. [(4)] For [vessels which] pemuttees who have been issued a valid commercial activity permit for the use of more than one small boat harbor, the pennittee shall designate the small boat hazbor of principa] use, and the ftwo per cent].percentarre ofmonthlygross receipts descnbedin_this section shall be paid to that account. The fees for commercial a~wirv pernuts issued for other small boat harbors shall be the minimum amount specified in paragraph (2) or pazagraph (I l for those permittees with small boat hazbor moorin ernvts. [(5)] a For [vessels] pernuttees issued a temporary mooring permit and a commercial activity permit, the fee per month shall be the greater of the temporary mooring fees required by section 13-234-5 or two per cent of the monthly gross receipts effective on the date of the amendments to this section. The percentage of monthlygross receipts shall increase to two and one half per cent as of the Srst day of the first full month following the effective date of this rule and shall increase to three per cent of the monthly gross receipts as of the first day of the first full month following the twelfth month of the two and one-half per cent increase. When the commercial activity permit is issued, the department shall also provide a set of commercial trailer decals for commercial trailered vessels, at no charge, which shall be displayed on each side ofthe forwazd end ofthe trailer tongue. 69 (c) Vessels used by a commercial activiri pernrittee for shuttle operations transportine passeneers to and from the commercial activity permittee's primazy operating vessel and vessels under contracts to perform shuttle operations for passeneer cruises which moor at a state boating faciliri shall be required to have a desrmated state boating facilit~of principal use and the fee chazged under this section shall be paid to the principal use account. [(6)] ~ [Audit.] The department (reserves the right to] conduct [an] a financial audit [as necessary] of the records of any commercial activity permit account to determine the accuracy of reported Bross receipts [fees owing to the department, and] or inspect any other financial information [necessary and proper] directly related to the [enforce] enforcement of these rules after providing notice as described in section 13- 230-6 not less than thirhi days prior to the audit. [(b)] ~ The department may, by lease, permit, or mooring permit, in accordance with state statutes grant the use or possession of [small boat harbor] state boating facilities. The leases [or] and permits shall provide for payments of rentals, fees and charges, and other conditions in accordance with law, in lieu of and notwithstanding the provisions for fees [and chazges] specified in these rules." [Eff 2/24/94; am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24, 200-39) (Imp: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24, 200-39) 73. Section 13-234-26, Hawan Administrative rules, is amended to read as follows: 13-234-26 Passenger user fees. (a) Notwithstanding the provisions of section 13-234-25, [Any] passenger vessel or cruise vessel [which is used for private gain and does] companies engaged in commercial activities that do not [have a valid mooring permit or] ,possess a commercial activity permit and [which uses] whose vessels enter a state [small boat harbors property or facilities] boat' fam_g__cil~ for purposes of embarkine or disembaking passen ers shall be required to pay the following user fees in addition to any other fees re aired by this cha ter: One time Categories user fee per asp senKer [Per passenger] Passengers (includes in transit)[--] embarking to or from shore to ship[.......] within a $2 state boating facility. [(2) Passengers in transit on a vessel on a continuous trip whose point of origin and termination is a state small boat harbor, a total of disembarking and embazking at each port per passenger .................$1.50 (3) Passengers embarking and disembazking on occasional and infrequent use on special charter when approved in advance of voyage as provided in section 13-231-57(c)(3) ..................$1.50] (b) Any passenger vessel or cruise vessel using a (dock, pier or wharf in a state small boat hazbor] state boatingfaciliri for disembazking and embarking passengers by means of any boat or lighter while hove to or moored offshore, shall pay a user fee per 70 passenger [for disembarking and embazking at each small boat harbor] as follows: User fee Cateeories each wav (1) Passenger vessels engaging only ui [inter-island] intra- .30] state commerce[ 1.40 (2) Passenger vessels engaging in international or inter-state [$1] 1.75 commerce[ ~ Vessels operated by a federal or state agency [are] shall be exempt from the provisions of this subsection. [(c)] ~ [A report ]The ship's agent shall [be filed] file a tally of the number of passengers based on the passenger manifest with the department on a form [acceptable to] provided by the department, The tallv shall be submitted within thirty days after the date of embazking or disembazking of passengers over state boatin facilities and the chazges due shall be remitted along with the report. ~ Commercial vessel operators who have been issued a certificate of public convenience in accordance with section 200-9, HRS, shall be exempt from the provisions of this section." [Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-10,200-22,200-24) 74. Section 13-234-28, Hawau Administrative Rules, is amended by amending subsection (a) to read as follows: "§13-234-28 Negotiable instruments; service chazge. (a) The service chazge for any dishonored check, draft, certificate of deposit or other negotiable instrument [is] shall ~s* fEff2/24/94; am and comp ] IAuth: HRS §§200-2, 200-10, zoo-22, 200-24) (Irnp:1-nis §§200-2, 200-10, 200-22, zoo-2a> 75. Section 13-234-29, Hawau Administrative Rules, is amended to read as follows: "§13-234-29 Vessel inspection fee. The non-refundable vessel inspection fee for [a vessel] an inspection performed by the department shall be $25 and shall be due prior to the issuance [or reissuance] of a regulaz mooring permit, [shall be $15. The fee is not refundable.] A vessel owner shall make an appointment with the hazbor agent [not less than] at least five working days prior to [having] the vessel [inspected] inspection. A fee of [$10] 25 shall be chazged if notice of cancellation by the vessel owner is [not] given to the harbor agent [not] less than two working days prior to the scheduled inspection. [The fee for vessels exempted from numbering in section 13-241-2, Hawaii Administrative Rules, and open skiffs and dinghies less than thirteen feet in length shall be $5.]" [Eff 2/24/94; am and comp ~ (Auth: HRS §§200-2, 200- 71 4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) 76. Section 13-234-31, Hawaii Administrative Rules, is amended to read as follows: "§13-234-31 User fFeel fee for commercial use of boat [launchin ramps and other state boating facilities. ~ The fee for the use of state launching ramps, wharves, or other state boating facilities except state small boat harbors shall be [$75 per month or two per cent of gross receipts, whichever is greater] in accordance with section 13-234-25. The single user fee assessed for the use of a state [launching] boat ramp shall entitle the permittee to use any other state [launching] twat ramp on the same island without additional chazge, except for those [launching] boat ramps listed in section 13-231-67. Individuals who use a state boating facility for commercial activities, other than embazkin~ or disembazkine nassengers from boat ramps and other state boatin¢ facilities shall P~ a fee of $75~er month, unless otherwise permitted by the department." [Eff2/24/94; am and comp ] (Auth: HRS §§200-2, 200- 3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-22, 200-24) 77. Section 13-234-32, Hawaii Administrative Rules, is amended to read as follows: 13-234-32 Small boat hazbor facility key deposits. (a) Each person authorized to secure a shower facility key shall deposit the following amount with the State as security for prompt return of the key upon termination of expiration of the use permit._ (1) $30 [if the use permit is] for permits valid for a period of more than thirty days; or (2) $50 [if the use permit is] for permits valid for a period ofthirty days or less; (b) Each person authorized to secure a key, except for a regular mooring permittee, for other hazbor facilities, such as security gates or restrooms, shall deposit the following amounts with the department prior to receiving the key: (1) $10 if the use permit is valid for more than thirty days; or (2) [$25] 50 [if the] for a mooring [use] permit [is] valid for thirty days or less. (c) The key securit deposit shall be forfeited in the event the permittee does not return the key to the department on or before the termination of the use permit, or when the permittee is required to replace a key which has been lost or stolen. Regular mooringpermittees who fail to return any hazlwr facility keys at the time the regular mooringpennit expires or is terminated, shall forfeit the security key d~osit•" [Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-1Q, 200-22, 200-24) 72 78. 13-234-33, Hawaii Administrative Rules, is amended to read as follows: "§13-234-33 Business transfer fee. (a) [Whenever] Unless otherwise provided by law; whenever a stockholder or owner of an interest in a corporation or other business [which] that has been issued a commercial activit permit sells or transfers ten per cent or more of the stock or interest in the firm, either as a single transaction or an aggregate of several transactions, to any person who is not a stockholder or owner of record on the effective date of these rules, the seller or person transferring such stock or interest shall pay to the department a business transfer fee based on the passenger-carrying capacity of the vessel, and shall be as follows: Vessel twe .ees (P~ Vessels used for baze boat (demise) and sailing c~iarters `carying six or less passengers[ $ 2,500 (2) Vessels registered by the State or documented by the U. S. Coast Guazd to carry six passengers or less, used for charter fishing or other commercial Purpose[ $ 5,000 (3) Vessels certified by the U. S. Coast Guazd to carry seven to twenty-[five] four passengers[ $10,000 (4) Vessels certified by the U. S. Coast Guard to carry twenty-five to forty-nine passengers[ $15,000 (5) Vessels certified by the U. S. Coast Guazd to carry fifty to seventy-four passengers[ $25,000 (6) Vessels certified by the U. S. Coast Guard to cant' seventy-five to ninety-nine passengers[ $40,000 (7) Vessels certified by the U. S. Coast Guazd to carry one hundred to one hundred forty nine passengers[ $75,000 (b) When less than one hundred per cent of the interest in the corporation is transferred, the business transfer fee shall be based upon a like percentage of the business transfer fee provided in subsection (a). ~ Where there aze multiQle vessels on one permit, the business transfer fee shall be based on the lar est capacity vessel. Transfer of the corporation to the spouse or children of the permittee or a permittee who enters into an employee stock option plan shall be exempt from the provisions of subsection (a)." [Eff 2/24/94; am and comp ] (Auth: HRS §§200-2, 2(10-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 73 200-22,200-24) 79. Chapter 13-234-34, Hawaii Administrative Rules, is amended to read as follows: 13-234-34 User (Feel fee for recreational [use of] state boat llaunchin¢l ramps. (a) [An annual] A boat ramp decal user fee of [$25] $l0 per month shall be paid by owners of trailered vessels using state [launching ramps and other] boating facilities for recreational and fishing purposes to gain access to the waters of the State for the purpose of defraying costs of maintenance of the state boating facilities and use of fresh water. ;al passe~n er vessels who p~ P a rthe pro - - ments of sub ~a).] '[rtes} ~ [This] In addition to the vessel registration fee, the annual boat ramp decal fee described in subsection (al shall be paid at the time of [initial] registration or registration renewal[, in addition to the vessel registration fee]. [(d)] ~ The recreational owner shall be furnished a set of trailer decals by the department upon payment of this fee_ [which] Current boat ramp decals shall be affixed to each side of the forwazd end of the trailer tongue [as evidence of payment] whenever the vessel owner utilizes a state boat ramp. l~ Notwithstanding subsection icl a boat dealer or manufacturer shall be allowed to place the ramp decal on the dashboard of the vehicle used to transport the demonstration vessel." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 20(1-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 80. Chapter 13-234, Hawaii Administrative Rules, is amended by adding a new section 13-234-36 to read as follows: 13-234-36 Damage to state property Anv person responsible for damaee to state property shall make r~aus in accordance with department specifications. If the department determines that the repairs are completed improperly or if the responsible party does not make the repairs within thirty days unless otherwise agreed to in writing b_y the department the department shall have the option of repairing the e and shall assess the responsible arty as follows: The direct labor chaz¢es includine overtime and cost of materials plus a fifty-six percent overhead surchazge if the repairs are made by State employees; and The costs of all contractors employed and all time charges incurred by the department plus a fifty-six percent overhead surcharee all subiect to a thirty percent administrative surchar¢e." [Eff ] (Auth: HRS §§200-2, 200-3, 200-4. 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 74 81. Chapter 13-234, Hawaii Administrative Rules, is amended by adding a new section 13-234-37 to read as follows: "&13-234-37 Labor and equipment charges. ~ Charges for cleaning and other services when provided by the State are as follows: The rate chazged for State employees shall be the actual hourly pay of the employee plus overtime if applicable plus afifty-six per cent overhead surchazge. The rate for the operator of the equipment in this section shall be the actual hourly pay of the employee bus overtime if applicable, plus a fifty-six per cent overhead surchazge. L3) Hourlyrates for eauipment used by State employees shall be assessed at the following rates, excludin tg he operator: Equipment Fee ton or 3/4 ton pickup truck with operator $11 ~B Work-boat without operator or crew $25 Dump fees Qer ton shall be at cost plus a fifty-six per cent surchazge. Equipment rental charges shall be based on the actual chazges and shall accrue from the time the eq~ment is put into service to the time it is returned to its owner. State equipment shall only be operated by State employees." [Eff ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 82. Chapter 13-234, Hawaii Administrative Rules, is amended by adding a new section 13-234-38 to read as follows: "$13-234-38 Ground transportation fees. ~ The annual chazge for a pennittee to operate a bus van or other vehicle possessing a certificate of public convenience and necessit within a state boat facili shall be as follows: Transportation Fee Vans limousines station wagons, capable of carr ~y~g eight 200 to seventeen passengers mini busses capable of canning a maximum of twenty-five passengers; or Motor coaches capable of carr~twenty-six or more 400 passengers within a state boating facility. Notwithstanding subsection (a), vans, limousines, station wagons mini busses and motor coaches servicing hotels on property under the jurisdiction of the division for non-boating activities at a state boating facility. shall be chazged a veazly fee of $500 for each public convenience certificate. ~ Commercial activity pennittees shuttling.passengers utilizing they own vehicle or a leased vehicle are exempt from the fees of this section. 75 In addition to subsection (a) applicants shall provide to the department proof of the following insurance coverage: Minimum property Minimtun bodily damage liability iniurv liability Vehicle capacity coverage per coverage per occurrence occurrence Vehicles capable of 25 000 75 000 carrying one to seven passengers Vehicles ca able of $ 50.000 $ 100,000 carr ing eight to seventeen passengers Vehicles gable of 300 000 750 000 carrying a maximum of twenty-five passengers Vehicles capable of 500 000 $1,000,000 carrying twenty-six or more passengers ~ All permittees shall clearl~display a current ground transportation decal, attached to a moveable sign on the left hand side of the driver's windshield." [Eff ] (Auth: HRS 200-2, 200-4, 200-22, 200-24) (Imp: HRS 200-2, 200-4, 200-22, 200-24) 83. Chapter 13-234, Hawaii Administrative Rules, is amended by adding a new section 13-234-39 to read as follows: 13-234-39 Recovery of administrative expenses. ~ An owner and any co- owners whose vessel ore ui t is declared abandoned. derelict, or is moored or stored in violation of the rules of the State or chapter 200 HRS shall be responsible for the payment of the following fees incurred b~he department during the period beginning on the date of postinl? and continuing to the date of disposal by the department: MOOrInQ fees including interest and penalties; Storage fees; Harbor and law enforcement personnel costs; Legal counsel fees; Legal notice publication fees; Photo film and printin cg osts: Maintenance and repair costs; Towing and vessel relocation costs: Public auction expenses; I1 Area clean-up and disposal fees; and 11 Miscellaneous out-of-pocket expenses duectly related to the administration or handling of the vessel or egupment. 76 The fees and costs in subsection (al are in addition to any fines a court or the boazd of land and natural resources may impose. ~ All costs inctrrred by the department shall be paid within thirty days of the mail, tg or personal delivery of the official written notice of the final amount due and pa~ble to the department Non-payment of the full amount due shall result m one or more ofthe following: u Leal action in a court of law to recover amounts due; Referral of the matter to a collection agencylicensed to do business in the State: or Recovery of amounts due b~anv other means as prescribed by law." [Eff ] (Auth: HRS 200-2, 200-4, 200-22, 200-24) (Imp: HRS 200-2, 200-4, 200-22, 200-24) 84. Section 13-241-26, Hawaii Administrative Rules, is amended by amending subsection (a) to read as follows: "§13-241-26 Negotiable instruments; service chazge. (a) The service chazge for any dishonored check, draft, certificate of deposit or other negotiable instrument [is $12] shall be in accordance with section 13-234-28," [Eff 2/24/94 am ] (Auth: HRS §§200-2, 200-4, 200-22, 200-24) (Imp: Hxs §§200-2, zoo-4, zoo-2z, 2oo-2a) 85. Section 13-242-13, Hawav Administrative rules, is amended to read as follows: "§13-242-13 Fines fandl Qenalties, and prosecution. [Pursuant to section 200-25, Hawaii Revised Statutes, any person violating any of these rules, shall be fined not more than $1,000 or imprisoned not more than one yeaz, or both provided that, in addition to or as a condition to the suspension ofthe fines and penalties, the court may deprive the offender of the privilege of operating_any vessel, on the waters of the State for a period ofnot more than two years.] Fines, penalties and prosecution shall be in accordance with section 13-230-4." [Eff 2/24/94 azn ] (Auth: §§200-2, 200-3, 200-4, 200-14, 200-25) (Imp: §§200-2, 200-3, 200-4, 200-14, 200-25) 86. Section 13-244-19, Hawaii Administrative Rules, is amended to read as follows: "§13-244-19 LAuthorizationl Permit required to hold [regatta, marine pazade, boat race or exhibition] special events. (a) [Definition of terms] Special events used in this chapter[. "Regatta" or "marine parades, means an orgartized water event of limited duration which is conducted according to a prearranged schedule.] includes. but is not limited to an~land based or ocean competition, exhibition of boating water-skiing, parasailing canoei~ kayaking rowing surfing fireworks displays thrill craft personal 77 water craft regattas marine pazades, and swimmine events. (b) [Authorization] Permit required; submission of application. (1) Any person or organization planning to hold a [regatta or marine pazade] special event (which] tht by its nature, circumstances or location, [will introduce] introduces extra or unusual hazards to the safety of persons or property on the waters of the State shall submit an application for apermit to the department on the form prescribed by the chairperson of the board of land and natural resources. No person shall hold [such] a [regatta or mazine parade] special event, unless the authorization of the chairperson has been secured[, except that the chairperson's authorization is not required if prior authorization has been secwed from the United States Coast Guazd]. Examples of conditions which are deemed to introduce extra or unusual hazards to the safety of life include, but aze not limited to[:] an inherently hazardous competition, the customary presence of commercial or pleasure craft in the azea, any obstruction of navigable channels [which] that may reasonably be expected to result from the activi ,and the expected accumulation of spectator craft. (2) Where the special waters events aze to be held regularly or repeatedly in a single area by an individual or organization, the chairperson may, subject to conditions set from time to time by the department, grant a permit for the series ofevents for a fixed period oftime, not to exceed one yeaz. (3) The application shall be submitted no less than thirty days prior to the start of the proposed event. (4) The application shall include the following details: (A) Name and address of sponsoring organization[.]; (B) Name, address and telephone number of person or persons in chazge of the event[.]; (C) Nature and purpose of the event[.]; (D) Information as to general public interest[.]; (E) Estimated number and type of watercraft participating in the event[.]; (F) Estimated number of spectators and number and type of spectator watercraft[.]; (G) Number of boats being furnished by sponsoring organization to patrol event[.]; (ITj Time schedule and description ofevents[.] and (1) A section of a chart or scale drawing showing the boundazies of the event, various water courses or areas to be utilized by participants, officials, and spectator craft. (c) [An authorization by the chairperson] A permit issued by the department does not exempt a person holding an event from compliance with applicable federal law. An approved pernut shall establish a temporary restricted azea for the duration of the event and may allow event activities that are not otherwise allowed by these rules. The applicant for a business sponsored amateur or professional event shall complete an application provided by the department and ~av a $10 non-refundable application fee In addition to the application fee, the sponsor shall pav the lesser of one dollar per participant or $250 Anot-for-profit organization that chazees only a nominal 78 fee to cover administrative costs and conducts special events at a state boating facility, on beaches of the state or in or on the waters of the state at a freauency or maenitude that does not significantl~tilize burden, or compromise the resources at a state boating facility on beaches of the state or the waters of the state may be exempted by the department on a case-bv-case basis from the provisions of this subsection. ~ A fee of 10 cents p_er squaze foot for each twenri-four hour period or fraction of that time shall be charged for the temporary exclusive use of a portion of a beach under the jurisdiction of the division of boating and ocean recreation for a period not to exceed seventy-two hours unless otherwise allowed by the department. The fee may be waived on a case-bv-case basis by the department. (~f The department may waive the fees described in subsection (dl for authorized not-for-profit or public service events. ~ The applicant shall pay an additional $25 at the time of the submittal of the application to the department when requests are received less than thirty days from the date of the event or when substantive amendments are made to previously issued permits" The applicant of a business and non-business sponsored amateur or professional event shall provide proof of insurance as provided in section 13-231-65." [Eff2/24/94; am ] (Auth: HRS §§200-2, 200-3, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-22, 200-24) 87. Chapter 13-250-4, Hawaii Administrative Rules, is amended by adding a new section 13-250-4 to read as follows: "13-250-4 Fines and Penalties. Fines and penalties shall be assessed in accordance with section 13-230-4." [Eff ] (Auth: §§200-2, 200-3, 200-4, 200-14, 200-14.5, 200-25) (Imp: §§200-2, 200-3, 200-4, 200-14, 200- 14.5, 200-25) 88. Section 13-250-5, Hawaii Administrative Rules, is amended by adding new definitions to read as follows: "13-250-5 Definitions. "Manually-propelled vessel" means a manually-propelled vessel primarily moved only by hands feet oazs poles or paddles Surlboazds shall not be considered a vessel and shall be excluded from this definition. "State boating facility " means a State small boat harbor boat ramp, off-shore mooring, pier whazf State property or landing under the iurisdiction of the department." "Shuttle "means to embazk passengers at one location and disembazk them at the same location or at another location." [Eff2/24/94; am ] (Auth: HRS §§200-2, 200-4, 200-1Q 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-10, 200-22, 200-24) 79 89. Section 13-251-31, Hawaii Administrative Rules, is amended to read as follows: "§13-251-31 Owner ofpassen ergcarryinQ vessels for-rent surfboards, for-rent sailboards for-charter or rent motorboats or for-rent water sports equipment to eive proof of financial responsibility. (b) The owner shall submit to the department evidence that there has been issued to the owner by an insurance carrier authorized to do business in the State, and naming the State as an additional insured, a public liability insurance policy or policies covering the operations under the permits issued in accordance with this chapter and with the following minimum coverages: (1) In the case of vessels carrying passengers for hire, the [following amounts for bodily injury and damage to property per occurrence: (A) $100,000 for vessels authorized to carry not more than six passengers; (B) Not less than $300,000 for vessels authorized to carry more than six passengers, but less than twenty-six; (C) Not less than $500,000 for vessels authorized to carry more than twenty-five passengers] insurance requirements shall be in accordance with section 13-231-65(al and (bl; (2) In the case of surfboazd or sailboazd operations, the amount of $50,000 for bodily injury or death per person, subject to the total coverage in any one accident of $100,000 for bodily injury or death; [(3) In the case of motorboat operations, the amount of $100,000 for bodily injury or death per person, subject to the total coverage in any one accident of $500,000 for bodily injury or death;] [(4)] ~ In the case ofwater sports equipment operations, the amount of $100,000 for bodily injury or death per person, subject to the total coverage in any one accident of $300,000 for bodily injury or death (c) The owner shall maintain the policy or policies in full force and effect during all times that the owner is engaged in the businesses described in subsection (a)[, unless the owner has given proof of financial responsibility as provided in section 13-251-32]." [Eff2/24/94 am and compiled ] (Auth: HRS §§2oo-z, 200-3, zoo-4, 200-22, Zoo-2a> (Imp: I-IRS §§200-2, zoo-3, 200-4, 200-22, 200-24 90. Section 13-251-32, Hawaii Administrative Rules, is repealed: ["§13-251-32 caner of assen er-c in vessels -rent surfboazds for-rent sailboazds for-rent motorboats and for-rent water s o ui ment when no lic obtained. (a) The department shall not register an essel, surfboard, sailboazd, motorboat, or water sports equipment rente _ ered or used for carrying passengers, as the case may be, in Waikiki or K ocean s if the owner thereof has not given proof of financial respo ~ ' y as provided in section"f3,?„51-provided no such proof is necessary if the er demonstrates, to the satisfaction of t e epartment, the financial ability to and to claims for damages as follows: 80 (1) If the owner applies for registration of surfboazds or sailboards, in the sum of at least $50,000 per person injured or killed in a surfboard or sailboard operation, subject to the total coverage in any one accident of $100,000 for bodily injury or death; or (2) If the owner applies for the registration of any vessel g passengers for hire, in the following sums for bodily injury or ath per occurrence: $100,000 for vessels authorized to c of more than six assengers; (B) less than $300,000 for vess authorized to carry more than six p ngers but less than enty-six; (C) Not less $500,000 vessels authorized to carry more than twenty-five ng , (3) In the case of motorboa rations, the amount of $100,000 for bodily injury or death per p on, s ct to the total coverage in any one accident of $500 ; or (4) In the case of ter sports equipmen erations, the amount of $100,000 for bodil fury or death per person, subje o the total coverage in any one a ent of $300,000. (b) The d ment shall cancel the registration of any vesse , azd, sailboard, moto at or water sports equipment whenever the departmen termines that the owner h ailed or is unable to comply with the requirements of this secu n."] [Eff2/24/94 R ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 91. Section 13-251-49, Hawaii Administrative Rules is amended to read as follows: "§13-251-49 Authority of department to suspend or revoke registration. (a) The department may suspend or revoke the registration of a vessel, surfboadd, sailboazd, or water sports P~„inro nt whenever: (1) The department is satisfied that the registration was fraudulently or erroneously issued; (2) The department determines that a registered vessel is unsafe to be operated upon the Waikiki or Kaanapali ocean waters; (3) A registered vessel has been sold, dismantled, or wrecked, provided that the owner of the vessel at the time it was sold, dismantled, or wrecked may, upon written application to and approval by the department, transfer the registration to another vessel of like characteristics and ownership if the replacement vessel is in operation within ninety days of the transfer; or (4) The owner of any for-rent surfboard, for-rent sailboard or water sports equipment, or vessel carrying passengers for hire has failed or is unable to give proof of financial responsibility as provided in this subchapter[;], [(5) Any catamaran's Coast Guazd Certificate of Inspection has expired; (6) Any registered vessel boards passengers on Waikiki or Kaanapali ocean 81 waters for ashuttle-type service and disembazks the passengers at a point other than at or near the point of boazding; or (7) A registered vessel has not been engaged in carrying passengers for hire in Waikiki or Kaanapali ocean waters for a period of thirty consecutive days." (b) Upon suspending or revoking the registration of a vessel, surfboard, sailboard or water sports equipment the department shall immediately notify the owner in writing of the reason for the suspension or revocation.] Any commercial operator whose registration for a vessel surfboard, sailboad or water sports equipment is under review for conditions and deficiencies that ma~ead to the revocation or denial of a renewal of the retistration, the operator shall be provided an informal review and administrative hearine as provided in sections 13-231-31 and 13-231-33." [Eff2/24/94 am and comp ] (Ruth: HRS §§200-2, 200-3, 200-4, 200-9, 200-22, 200-24) (Imp: HRS §§200-2, 200- 3, 200-4, 200-9, 200-22, 200-24) 92. Section 13-251-51, Hawaii Administrative Rules, is amended by amending subsection (b) to read as follows: "§13-251-51 Catamaran registration limitations.*** (b) Notwithstanding this section, all owners of catamarans holding valid registrations to operate upon Waikiki ocean waters on November 6, 1981, and all owners of catamarans operating upon or under construction for operation upon Kaanapali ocean waters on the effective date of these rules[, except catamarans engaged in a shuttle-type service] may continue operations and be permitted to apply for and renew their registration 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 (a)." [Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 93. Section 13-251-57, Hawaii Administrative Rules, is amended to read as follows: "§13-251-57 Waikiki restrictedazeas.*** (b) Zone A, Waikiki ocean waters. (1) Zone A, Waikiki ocean waters means the area confined by the boundaries shown on Exhibit "B-1 June 1, 1981, located at the end of this chapter, which boundaries are described as follows: Beginning at the makai-Ewa corner of the natatorium; then seawazd on a prolongation of the Ewa wall of the natatorium to the outer edge of the reef; then along the reef in the mauka direction to the seaward end of the Kapahulu drainage groin; then seaward along a straight line connecting the seaward end ofthe Kapahulu drainage groin and the Ala Wai boat harbor 82 entrance lighted buoy (Red " 2"); then mauka on a prolongation of the Diamond Head boundary line of Fort DeRussy to the mean high water mark of the beach adjacent to the boundary line; then along the mean high water mazk in the Diamond Head direction to the mauka-Ewa side of the natatorium; then along the Ewa side of the natatorium in a seaward dvection to, and ending at, the point of beginning; (2) Restrictions: (A) No person shall navigate or moor a vessel in or on the Waikiki ocean waters, except that outrigger canoes operated by a duly organized canoe club, or a sailing catamaran, or a manually propelled outrigger canoe may be navigated, moored, or anchored in those waters if the vessel has been registered in accordance with this subchapter and is under the immediate control of an operator who has been issued a permit by the department to navigate in the waters. Notwithstanding this subsection, a sailing catamazan may temporarily operate in Zone A, Waikrlci ocean waters, as a power- driven catamaran when necessary to protect life or property and [is] if that vessel is registered by the department to operate in Waikiki ocean waters and under the immediate control of an operator who has been issued a valid permit by the department; (B) No person shall navigate or moor a catamaran in or on the waters of Zone A or on the shore below the mean high water mazk if four catamarans aze navigating or moored in such zone; (C) The minimum distance separating any two catamarans moored in Zone A shall be eighty feet; and (D) There shall be no surfing in the zone between the water's edge and a point fifty yazds seawad therefrom, except for learners while receiving initial instructions under the direct supervision of a primary or senior surfboard instructor who has a permit issued by the department as provided by subchapter 1. u Commercial catamaran operators who have registered their vessel in accordance with chapter 251 may transit Zone A. Warlciki ocean waters when shutt in¢ nassen¢ers to or from the beach in Zane A or to or from other vessels, or other facilities outside of Zone A. (c) Zone B, Waikiki ocean waters. (1) Lone B, Waikiki ocean waters, means the azea confined by the boundaries shown on Exhibit "C", June 1, 1981, located at the end ofthis chapter, which boundaries are described as follows: Beginning at a point where the Diamond Head side of the boundary of Fort DeRussy intersects the mean high water mark; then seaward on a prolongation of that boundary line to a straight line connecting the Ala Wai boat hazbor entrance lighted buoy (Red " 2") and the Ewa end of the + 1Capahulu drainage groin; then to the Ewa direction to the makai-Ewa comer ofthe breakwater makai ofthe Hawaiian Village rainbow Lower; 83 then Ewa along the breakwater to the mean high water mark; then along the mean high water mark; in a mauka-Diamond Head direction to, and ending at, the point of beginning; (2) Restrictions: No person shall navigate, moor, or anchor a vessel in or on the waters of Zone B, except that a manually propelled outrigger canoe or a catamaran propelled by sail may be operated in those waters if the vessel has been registered in accordance with this subchapter, or that a catamaran propelled by sail capable of carrying six persons or less, with a valid permit to operate within Waikiki ocean waters under the provisions of section 13-251-51, may anchor overnight in the area adjacent to the groin in the vicinity of the Ala Wai Heliport. Notwithstanding this subsection, vessels operating from the Hilton Hawaiian Village pier are exempt from the restrictions in this pazagraph; Notwithstanding the provisions of pazagraph (2), commercial catamaran operators who have registered their vessel in accordance with chapter 251. may transit Zones B, Waikiki ocean waters when shuttlingpasseneers to or from the beach or to or from other vessels, or other facilities outside of Zone B. Notwithstanding the provisions of pazaeraph (21, a water iet propelled vessel, other than a thrill craft, carrvinQ six or less passen eg rs may transit Zone B when shuttling passengers to and from Fort DeRussy beach to an offshore location seaward of Zone B, provided that the owner has been issued a commercial activitypermit by the department for commercial thrill cra$ operations at a location in accordance with section 13-256-91." *ss [Eff2/24/94 am and comp ] (Ruth: HRS §§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200-4) 94. Section 13-252-7, Hawav Administrative Rules, is amended to read as follows: 13-252-7 enalties Fines enalties and rosecution. [Any person who is guilty of violating these rules shall be punished as provided in section 200-25, Hawaii Revised Statutes.] Fines, penalties and prosecution shall be assessed in accordance with section 13-230-4." [Eff2/24/94 am ] (Auth: §§200-2, 200-3, 200-4, 200-14, 200-14.5, 200-25) (ImSp: §§200-2, 200-3, 200-4, 200-14, 200-14.5, 200-25) 95. Section 13-253-1, Hawaii Administrative Rules, is amended to read as follows: "§13-253-1 Registration fees for surtboazds, catamarans and canoes. n] In addition to the fee described in section 13-253-2, the 84 reeistration [fees] fee [ [ ]surfboards(, ] shall be $1 for each surfboazd. Of riQinal Renewals Catamarans, each vessel $5.00 $3.50 Canoes, each vessel $5.00 $3.50 Surfboards, each boazd .10 .10 The minimum fee for surfboazds shall be $1.] bL) In addition to the application fee described in section 13-253-5, the re istration for catamarans as provided for by section 200-9 HRS. and canoes, shall be the greater of $200 per vessel per month or two per cent of the monthly dross receipts effective on the date of the amendments to this section The percentaee of monthly Bross receipts shall increase to two and one half per cent as of the first day of the first full month following the effective date of this rule and shall increase to three per cent of the monthly gross receipts as of the first day of the first full month followine the twelfth month of the two and one-half per cent increase." [Eff 2/24/94 am ] Auth: HRS §§200-2, 200-3, 200-4, 200-9, 200-22, 200-24) (lmp: HRS §§200-2, 200-3, 200-4, 200-9, 200-22, 200-24) 96. Section 13-253-2, Hawaii Administrative Rules, is amended to read as follows: "§13-253-2 [Permit] Surfboard registration application fees. A [$2] non- refundable $SO [permit] registration application fee shall be paid to the department for the issuance or renewal of a [permit] reeistration issued and renewed pursuant to these rules." [Eff2/24/94 am ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 97. Section 13-253-3. Hawaii Administrative Rules, is amended to read as follows: "§13-253-3 Duplicate equipment registration certificate fee. A [$1] $25 fee shall be paid to the department for a duplicate registration certificate or permit lost or destroyed provided that the duplicating fee for surfboazds will be ten cents for each board with a minimum of $1]." [Eff 2/24/94 am ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24, 200-32, 200-33) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24, 200-32, 200-33) 98. Section 13-253-5, Hawaii Administrative Rules, is amended to read as follows: 13-253-5 Catamaran and canoe reeistration application fee. Prior to filing or 8S renewing an application for the issuance of a catamaran registration as provided in section 13-251-36, the applicant shall ~ to the department a [nonrefundable] non- refundable applicatibtllee oi`~5] 50."2/'24)'94 am and corr~p ' " ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 99. Section ] 3-255-7, Hawau Administrative Rules, is amended to read as follows: 13-255-7 [Penalties] Fines and penalties. [Any person who is guilty of violating these rules shall be fined not more than $10,000 as provided in section 200-14, Hawaii Revised Statutes.] Fines and penalties shall be assessed in accordance with section 13-230-4." [Eff2/24/94 am ] (Ruth: §§200-2, 200-3, 200-4, 200-14, 200-14.5, 200-25) (Imp: §§200-2, 200-3, 200-4, 200-14, 200-14.5, 200-25) 100. Section 13-256-3, Hawaii Administrative Rules, is amended to read as follows: 13-256-3 Commercial operator permit requirements. (a) All operators of commercial vessels, water craft or water sports equipment, who do not possess a valid commercial activitypennit, shall apply for a commercial operator permit to be issued by the department. The applicant for such permit shall comply with the applicable provisions stated in Hawaii Administrative Rules, and Ocean Waters, Navigable Streams and Beaches, Sections 13-251-1 through 13-251-20. [A valid commercial use permit issued to the owner of a vessel to operate from state harbor or launching ramp facilities shall satisfy the commercial operator permit requirement of this section for the operation of that paRiculaz vessel.]" [Eff2/24/94 am and comp ] (Auth: HRS §§200-22, 200-24)(Imp: HRS §§200-22, 2DD Z4) 101. Section 13-256-4, Hawaii Administrative Rules, is amended to read as follows: 13-256-4 Commercial f Vessell vessels and water sports equipment registration requirements. (a) All commercial vessels, water craft or water sports equipment shall be registered with the department for commercial use in compliance with [Sections] sections 13-251-36 to 13-251-52. (b) Commercial [use] activi permits issued by the department for commercial vessels operating from [state harbors or] state boating facilities, exc~t for beaches under the jurisdiction of the division are exempt from the requirements of this section." [Eff 2/24/94 ani and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200- 86 22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 102. Section 13-256-5, Hawaii Administrative Rules, is amended to read as follows: "§13-256-5 Commercial fusel activity permits• public auction. (a) Unless otherwise provided by law, all commercial [use] activi permits issued by the department under this chapter for thrill craft or pazasail operations may be rnade at public auction under sealed bid after public notice. (b) Before any prospective bidder is entitled to submit a bid for a commercial [use] activi permit, the prospective bidder shall, not less than six calendar days prior to the day designated for opening bids, give written notice of its intention to bid to the officer chazged with issuing the commercial [use] activi permits. Each prospective bidder shall submit answers, under oath, to questions contained in a questionnaire, provided by the department, setting forth a complete statement of the experience, competence and financial standing of the prospective bidder. 'The names and the number of persons who have submitted a notice of intention to bid shall not be divulged. Information contained in the answers to the questionnaire shall remain confidential, and any government officer or employee who knowingly divulges or permits to be divulged any such information to any person not fully entitled thereto shall be fined not more than $250. A questionnaire so submitted shall be returned to the bidder after having served its P~~~ (c) Advertisement for bids. Publication of a call for tenders shall be made not less than three times on not less than three different days in a newspaper of general circulation printed and published within the State and in a newspaper of general circulation published in the county in which the designated azea is located. The first publication shall be not less than three weeks prior to the date designated for the opening of tenders. Notice of the call for tenders shall contain the following: (1) Location where the bid questionnaire is available; (2) Time and place of the opening of tenders; (3) General description of the designated area; (4) Specific use for which the commercial [use] activi permit is intended; and (5) The upset price as established by the department. Unless a higher amount is specified for a specific commercial [use] activi permit the annual upset price shall be [$900.00] 8 400, which is the monthly charge of [$75.00] 700. If the commercial [use] activi permit is located within an area which requires less than twelve months of operation, the upset price shall be adjusted accordingly. (d) All bids shall be sealed and delivered to the officer advertising therefor and shall be opened by the officer at the time and place to be stated in the call for tenders which time shall not be less than ten days after the last publication, in the presence of all bidders who attend, and tnay be inspected by any bidder. All bids which do not comply with the requirements of the call for tenders shall be rejected. The officer calling for bids 87 may reject any or all bids and waive any defects when in the officer's opinion such rejection or waiver will be in the best interest of the public. All bids shall be accompanied by a deposit of legal tender, or a certificate of deposit, cashier's check or certified check on a bazilc that is inswed by the Federal Deposit Inswance Corporation, or on a savings institution inswed by the Federal Savings & Loan Inswance Corporation or by a share certificate issued by a credit union inswed by the National Credit Union Administration, in a sum of not less than five per cent of the amount bid, payable at sight to the officer advertising for tenders. A bid deposit may also be in the form of a swety bond conforming to the requirements of Section 103-31, [Hawaii Revised Statutes] HRS. (f) If the highest bidder to whom the commercial [use] activi permit is awazded fails or neglects to fully comply with the terms and conditions for the issuance of the commercial [use] activit permit within ten days after the award or within such further time as the officer awazding the permit may allow, the bidder shall forfeit the bid deposit to the State. If the commercial activity permit is issued, the bid deposit shall be retumed to the permittee upon receipt of the first monthly payment. The deposits made by the unsuccessful bidders shall be returned to them after the commercial [use] activity permit is issued or if the commercial [use] activi permit is not awazded or issued after the officer's deternvnation to publish another call for tenders or not to issue any commercial [use] activi permit. (g) The commercial [use] activi permit shall be awarded to the highest qualified bidder. If there is more than one authorized commercial operating area in a particular designated area, then the permit for each operating azea shall be made by a separate call for tenders. (h) No commercial operator shall be awazded more than one commercial [use] activity permit per designated area. Each bidder shall be awazded only one commercial [use] activity permit per designated azea. Thus, if a bidder is the highest qualified bidder on more than one operating area then that bidder shall choose one operating area and the bidder's other bids shall be deemed withdrawn. (i) Each commercial [use] activity permit shall be valid for one year with an option to renew the commercial [use] activi pernut no more than fow times, which shall be accomplished on or before the anniversary date of its initial issuance. A permittee interested in renewing its commercial [use] acti ' permit, shall however, notify the department sixty days before the expiration of the commercial [use] activi permit of its intent to renew. The terms and conditions dwing the renewal period shall be the same as those applicable to the initial issuance except as to the renewal option which shall in no event cause the commercial [use] activi permit to be renewed more than fow times. At the end of the fourth renewal period of the commercial activity Hermit, the commercial activity permit may again be offered for public auction, provided that the previous permittee shall be offered the right of first refusal at the new upset price. (j) Monthly payments for a commercial [use] activity permit shall be based upon Done-twelfth of the bid price or 2) a percentage of the monthly gross receipt equal to two per cent, whichever is greater. Gross receipt is defined in §13-256-12. (k) The commercial [use] activity pemut does not give the permittee any vested property rights. The department reserves the right not to issue or renew any commercial (use] activi permits." [Eff2/24/94 am and comp ] 88 (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24, 200-37, 200-39) (Imp: HRS §200-2, 200-3, 200-4, 200-22, 200-24, 200-37, 200-39) 103. Section 13-256-6, Hawav Administrative Rules, is amended by amending subsection (c) to read as follows: "§13-256-6 Transferabilityofcommercialluse~activitypernuts.*** (c) A commercial [use] activi permit issued for a thrill craft or pazasail operating azea shall [automatically terminate upon the transfer of any or all interest in the corporation or other business entity holding the permit] be fully transferable upon the payment of a business transfer fee in accordance with section ] 3-256-7(bl. No more than one transfer ever~wo yeazs shall be authorized with respect to any eiven permit, except transfers between fanuly members for the purpose of business reoreaztization." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-1Q, 200-22, 200-24, 200-37) (Imp: HRS §§200-2, 200-3, 200-4, 200-2, 200-3, 200-10, 200-22,200-24,200-37) 104. Section 13-256-7, Hawau Administrative Rules, is amended by amending subsections (a) and (b) to read as follows: "§13-256-7 Business transfer fee. (a) [Whenever a stockholder or owner of an interest in a corporation or other business which has been issued a commercial use permit sells or transfers stock or interest in the corporation, either as a single transaction or as an aggregate of several transactions, to any person or business entity who is not a stockholder or owner of record on the effective date of these rules, the seller or person transferring such stock or interest shall pay to the department a business transfer fee which is the greater of (1) two per cent of the gross receipts which aze directly attributable to the use of the commmercial use permit issued by the department for the twelve month~perind prioLto the date of sale, or (2) ten per cent of the net value of the sale of the stock or interest in the business as determined by the difference between the sale price and an equal percentage of the appraised value of the assets of the business] The business transfer fee for transfer of ownership of am commercial activity permit, except thrill craft pazasailing and water sledding commercial activity permits, shall be accomplished in accordance with section 13-234-33. [(b) The value of the stock or interest transferred shall be as mutually agreed to by the seller and the department. In the case of a business which engages in more than one type of business activity, only the value of the business activity which is dependent upon the possession and use of the commercial use permit shall be considered for the purposes ofthis section. In those cases where the transfer is made for consideration other than legal tender, the appraised or market value of the item of consideration given in exchange For the interest in the business shall be used.] Business transfer fees for a thrill craft nazasailing commercial activity permits shall be in accordance with section 200-30(71, HRS." 89 f## [Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24, 200-37) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24, 200-37) 105. Section ] 3-256-8, Hawaii Administrative Rules, is amended to read as follows: 13-256-8 Owner required to report change in ownership, address and other chances. (a) In addition to the provisions in section 13-251-44, the holder of any commercial [use] activit permit issued under this chapter shall notify the department in writing within seven days if: (1) The owner no longer has possession of the permitted vessel or water sports equipment[.]; (2) All or any interest in the pernvtted vessels or water sports equipment is transferred to or assigned to another person or business entity[.]; (3) The owner's address or telephone number changes[.]: or ~4,) 'There is a than eg in corporate officers." [Eff2/24/94; am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 106. Section 13-256-9, Hawaii Admuristrative Rules, is amended to read as follows: 13-256-9 Insurance. The insurance requirements for commercial vessels shall be [not less than $50,000 for property damage and not less than $500,000 personal liability for vessels authorized to carry one to twenty-five passengers, and not less than $1,000,000 for personal liability for vessels authorized to carry more than twenty-five passengers. The liability insurance shall name the State as additional insured.] in accordance with section 13-23]-65." [Eff2/24/94 amand comp ~ (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 107. Section 13-256-]0, Hawaii Administrative Rules, is amended to read as follows: "§13-256-10 Revocation. [(a) The department may immediately revoke a commercial use permit without the necessity for a hearing for any activity which does or may endanger the health or safety ofpassengers or the public. (b) The department may revoke a commercial use permit for violation of any rules of the department if after 72 hours notice of the violation by the department the permittee fails to cure the violation.] ~ Revocation of a commercial activitypermit, other than thrill craft, pazasail 90 and water sledding commercial activity permits shall be done in accordance with section 13-231-6. Revocation of thrill craft water sledding and high speed boating commercial activity permits shall be done in accordance with section 13-256-18. ~ Revocation of pazasailing commercial activity permits shall be done in accordance with section 13-256-19." [Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 108. Section 13-256-11, Hawaii Administrative Rules, is amended to read as follows: 13-256-1 I Fees for commercial thrill craft, parasailing, water sledding and high speed boating operations. (a) [Fees required to be paid to the department aze as follows: (1) Registration fee. A registration fee payable at time of issuance and renewal shall be as prescribed in section 13-253-1; (2) Operator permit fee.] A commercial [operator] activi permit application fee of $50 shall be payable at the time of issuance and or renewal of the pernut_ [shall be as prescribed in §13-253-2;] [(3)] ~ Unless otherwise provided by statute, the [Commercial] commercial activity operating azea [use] permit fee[: A monthly commercial use permit fee] shall be the greater of [$75.00] 200 per month, payable in advance, or [2%] two der cent of the monthly gross receipts effective on the date of the amendments to this section. The percentage of monthly Bross receipts shall increase to two and one half per cent as of the first day of the first full month following the effective date of the amendments to th>s section and shall increase to three per cent of the monthly gross receipts as of tbe first day of the first full month following the twelfth month of the two and one-half per cent increase. The report of gross receipts shall be submitted to and received by the department not later than the end of the month following the month covered by the report and shall be submitted on a form acceptable to the department. A permittee possessing both a hazbor [commercial use] commercial activiri permit and a commercial operating area [use] permit who is paying [2%] a percentage of gross receipts under the commercial hazbor [use] activity permit shall not be required to pay an additional [2%] percentage of gross receipts under the commercial activit operating area [use] permit. [(b)] (c) Delinquency in the payment of any fees owed to the department in excess of sixt da s [will] shall result in automatic revocation of the commercial activity permit for the designated operating area [use permit] provided that sevenri-two hours notice of the violation and impending automatic revocation has been given by the department to the pemvttee within the sixty days If the deficiency is corrected within thirty days from the date of revocation the permit shall be reinstated. The permittee shall be entitled to an administrative hearing in the manner~rovided in section 200-37, HRS, and sections 13- 231-31 and 13-231-32 Hawaii Administrative Rules. if an administrative hearing is properly requested and the automatic revocation is or becomes effective, it shall be 91 treated as a suspension Wending the outcome of the heazing." [Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24, 200-37)(lmp: I-IRS §§200-2, 200-3, 200-4, 200-22, 200-24, 200-37) 109. Section 13-256-12, Hawaii Adnunistrative Rules, is amended to read as follows: "§13-256-12 Gross receipts. [(a)J Gross receipts as used in this chapter [means all moneys paid or payable to the account of the commercial permittee, for services rendered, or resulting from trade, business, commerce, or sales by the vessel or water sports equipment owner when the services, trade, business, commerce, and sales have a duect relationship to the vessel] shall be as described in section 13-231-56. [(b) Each commercial use permittee shall be responsible for submitting to the department a monthly statement of its gross receipts.]" [Eff2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 110. Section 13-256-15, Hawaii Admnustrative Rules, is amended to read as follows: "§13-256-15 Commercial vessel shoreline access. ~ No commercial vessel shall land, embazk or discharge passengers at any state shoreline azea or county facility, or at other public beaches except for locations at which the pernuttee has been issued an appropriate permit by the department or a lease or permit by the board of land and natural resources or a county, or within designated ingress/egress zones. Notwithstanding subsection (al unless otherwise prohibited by city and counri federal or state rule ordinance or statute access to and from the shoreline shall be presumed to be allowed by commercial permittees who have been issued a commercial activity permit in accordance with section 13-231-71." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) Ill. Section 13-256-18, Hawaii Adtninistrative Rules, is amended to read as follows: 13-256-18 Commercial thrill craft operations commercial high speed boating and water sledding operations. (a) All [No] commercial thrill craft, high speed boating or water sledding [activities shall be conducted] operation owners shall be required to possess a valid commercial activiri Wernvt to conduct these activities on the waters of the State [unless the owner has applied for and been issued a commercial operating azea use permit for] within a designated commercial thrill craft, high speed boating or water sledding operating azea, in 92 addition to any commercial [use] activit permit required for state-owned facilities. All new commercial activity Hermits issued by the department for commercial thrill craft operations after June 18 1996 shall be issued at public auction. ~ [No] Effective after 1988. not more than one commercial activi [operating area use] permit shall be issued to an owner to conduct commercial thrill craft, high speed boating or water sledding. A commercial activity_permit for commercial thrill craft operations shall be valid for five y_eazs from the date of issuance and shall be renewed by the department for additional five-veaz periods not to exceed a maximum of twenty years; provided that the permit holder shall: Be in compliance with all applicable rules of the department; ~B] Have filed and paid all applicable State taxes during the yeaz in a timely fashion: and Be required to have a good o~erating_safety_record for thrill craft activities. ~ Upon expiration of the twenty-Yeaz Heriod the permit may be offered for public auction, as provided by section 13-256-5 provided that the previous Hernuttee shall be offered the right of first refusal in accordance with departmental Hiles, and the permittee shall agree to match the highest bid offered at the public auction. ~1 All commercial activity~ermits issued for commercial thrill craft operations shall be subject to an annual review that shall include but not be limited to the perntittee's: Compliance with aHHlicable rules of the department; Timely filing and payment all applicable State taxes durine the year: and Good safety record regazding the operation ofthe commercial thrill craft activity. ~ The commercial activitypermit for commercial thrill craft, water sledding and commercial high speed boating may immediately be revoked without a hearing for any activity that endangers or may endanger the health or safety ofpassengers or the public. The commercial activity permit for commercial thrill craft. water sledding and com~cial hiphsneed boatine may be suspended or revoked for violations of any rules of the department if after seventy-two hows notice by the department of the violation, the violation has not been corrected but shall have a right to request anadministrative hearing. A permittee whose Hermit has been suspended shall have ten days from receipt of the notice of sus~nsion to request in writing an administrative hearing. The commercial activitypermittee for commercial thn71 craft, water sledding and commercial high speed boating activities shall be provided an informal review Hrocedwe, as described in section 13-231-33 if any information received by the department that may lead to the revocation or denial of a renewal of a commercial activity permit under this section Notwithstanding_sectionl3-231-33(f) thepermitteeshallhavetendavsfromreceipt of the notice of final recommendations of the informal review procedwe to request, in writing an administrative hearing. The administrative heazing shall be solely for the pwpose of allowing the permittee to contest the basis for the suspension. revocation or denial of a renewal of the permit The hearing shall be held within five working days and shall be conducted in 93 accordance with section 13-231-31. ~k,) Within ten days after the conclusion of the administrative hearing, the department shall either; Lift the suspension; (~B Suspend the permit for a period of not longer than one veaz: or Revoke the permit. [(b)] u Commercial thrill craft are limited to operatng within a two hundred foot radius ofthe pemutted designated location except as otherwise designated. The number of thrill craft permitted to operate within each commercial thrID craft designated operating azea shall be as directed by the department, not to exceed a limit of six rental units and two safety units per area. [(c)] ~ No more than one vessel shall be permitted to operate under a commercial activit [operating area use] pemut issued for high speed boating or water sledding. [(d)] ~ Access to and from designated areas shall be only from hazbers and ramp facilities, or azeas designated by a valid conservation district use permit issued by the Department of Land and Natural Resources or areas designated by the Department. [(e)] ~ Commercial thrill craft, high speed boating and water sledding operators shall proceed at a speed of slow-no-wake, or as otherwise posted, by the most duect route consistent with safety considerations. Thrill craft, high speed boating and water sledding operators shall not exceed a speed of slow-no-wake when within three hundred feet of the shoreline. [(f)] ~ No other activity is permitted in designated commercial thrill craft operating areas or recreational and commercial water skiing or water sledding azeas during the time of authorized operations for safety purposes. ~ Commercial high speed boating activities shall not exceed forty miles per hour in the waters of the State, except: In azeas. alone routes. and durin time periods designated by the department: and In accordance with a permit issued by the department." [Eff2/24/94 am and comp ] (Auth: HRS §§200-22, 200-24, 200-37, 200-39) (Imp: HRS §§200-22, 200-24, 200-37, 200-39) 112. Section 13-256-19, Hawaii Administrative Rules, is amended to read as follows: "§13-256-19 Pazasailing activities. (a) Pazasailing operators shall comply with rules and regulations promulgated by the U. S. Coast Guard in addition to the following provisions[:] , All new commercial activitypermits issued by the department for commercial pazasailine operations after June 18, 1996 shall be issued atpublic auction. [(1)] ~ All pazasailing vessels shall have access to designated azeas only from harbors or ramp facilities by the most direct route consistent with safety considerations. [(2)] ~ [No] All commercial pazasailing vessel owners shall be required to possess a valid commercial activity permit to operate on the waters ofthe State [unless the owner 94 has applied for and been issued a commercial operating azea use permit for] within a designated pazasail operating area, in addition to any commercial [use] activit permit required for state-owned facilities. ~ A commercial activitypemut for commercial pazasailina operations shall be valid for five years from the date of issuance and shall be renewed by the department for additional five-veaz periods not to exceed a maximum of twenty years: provided that the permit holder shall: Be in compliance with all applicable rules of the department; Bbl Have filed and paid all applicable State taxes durine the veaz in a timely fashion; and Be reauired to have a good operatine safety record for pazasailinQ activities. t~ Upon exQiration of the twenty-year period the permit may be offered for public auction, as provided by section 13-256-5 provided that the previous pernuttee shall be offered the right of first refusal in accordance with departmental Hiles, and the pernvttee shall agree to match the highest bid offered at the public auction. ~ All commercial use pemvts issued for commercial pazasailing_operations shall be subject to an annual review that shall include, but not be limited to the permittee's: Compliance with applicable rules of the department Timely filing and payment all applicable State taxes durine the yeaz: and Good safety record re¢ardin tg he operation of the commercial pazasailin ag ctiviri. The commercial activitypermit for commercial pazasailin¢ may immediately be revoked without a hearine for any activity that endangers or may endaneer the health or saferi of passenp_ers or the public The commercial activitypermit for commercial~azasailine or may be suspended or revoked for violations of any rules of the department if, after seventy-two hours notice by the department of the violation, the violation has not been corrected but shall have a right to request an administrative heazing. A pemuttee whose pernut has been suspended shall have ten days from receipt of the notice of suspension to request in writing an administrative hearing. The commercial activity permit for ~arasa'ihn sg hall be provided an informal review procedure as described in section 13-231-33, ifany infom~ation received by the department that may lead to the revocation or denial of a renewal of a commercial activitypermit under this section. Notwithstandine section 13-231-33(fl. the pemrittee shall have ten days from receipt of the notice of final recommendations to request, in writing_an administrative hearine. fJl The administrative hearing shall be solely_for the purpose of allowing the pernuttee to contest the basis for the suspension, revocation or denial of a renewal of the permit The hearing shall be held within five working days and shall be conducted in accordance with section 13-231-31. Within ten days after the conclusion of the Administrative hearing. the department shall either; 95 Lift the suspension: ~B Suspend the pernvt for a period of not ]on¢er than one veer: or Revoke the permit. [(3)J ~ No operator shall be issued more than one commercial [operating azea use] activit permit for a designated parasailing operating azea. [(4)] ~ No permittee shall be allowed to operate more than one pazasail vessel with a pazasaIl aloft in the designated parasailing operating azea. [(5)] No pazasailing vessel shall be engaged in parasailing activities while it is within three hundred feet of the shoreline or any marked channel entrance. [(6)] ~ All pazasail vessels shall carry at least one crew member in addition to the captain whose duty it shall be to observe the passenger in the chute. [(b)] ~ Pazasailing operations shall be curtailed in certain designated azeas under this chapter as necessary to avoid possible adverse impacts on humpback whales or other protected marine life. In designated azeas during the whale season, the maximum vessel speed for pazasailing shall be eighteen (18) knots, and maximum transit speed for shuttling passengers to and from the pazasailing zones shall be fifteen (15) knots or minimum planing speed, whichever is less, unless governed by other limits such asslow- no-wake zones or as mazked by signs." [Eff2/24/94 am and comp ] (Auth: HRS §§200-22, 200-24, 200-37) (Imp: HRS §§200-22, 200-24, 200-37) 113. Section 13-256-32, Hawaii Administrative Rules, is repealed: 13-256-32 Commercial Operator Licensee experience requirements. (a) No commercial vessel operator shall be issued a commercial operator permit to operate or navigate within the Na Pali Coast ocean waters unless the applicant has a minimum of ninety days experience operating within the Na Pali Coast ocean waters attested to by two persons each of whom holds a valid commercial operator permit issued by the department. (b) No commercial kayak tour guide license shall be issued a commercial operator licensee unless the operator meets the following conditions: (1) Possesses a current Red Cross Advanced Life Saving Certificate, (2) Has knowledge of elementary first aid; (3) Is physically qualified to perform as a kayak tour guide as evidenced by a written report of a physical examination made no earlier than thirty days prior to the application for the license; and (4) Demonstrates a satisfactory knowledge of the waters through presentation of a log of ocean kayak trips performed in the Na Pali Coast restricted azea during the preceding six-month period. (c) The department shall establish an advisory committee of not less than three commercial operator licensees to review applications and make recommendations for commercial operator licenses required by this section. The department may seek recommendations for membership on the advisory comnvttee from the North Shore Charter Boat Association. Members of the advisory cornmittee shall have not less than 96 three years experience in their area of specialty operating in the North Shore Kauai Ocean Recreation Management Area.]" [Eff2/24/94 R ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200- 4, 200-22, 200-24) 114. Section 13-256-33, Hawaii Administrative Rules, is amended to read as follows: 13-256-33 Priority and procedures in the issuance of commercial fvessell activity permits. [(a) Notwithstanding the commercial use permit limitations in section 13-256-36 of fifteen commercial use permits at Hanalei River mouth and two commercial use permits for Anini Beach launching ramp, all commercial vessels operating with valid commercial use permits issued by the department on September 30, 1988, and who have complied with all the rules of the department and all other federal, state or county requirements maybe issued a new commercial use permit for Hanalei or Anna Beach restricted Area.] [(b)] All commercial [use] activi permits issued for Hanalei River. Hanalei Bav ocean waters and Anini Beach launching ramp shall be valid for not more than one year. These permits shall [automatically terminate on the expiration date and there shall be no presumption or implication of a right to renew.] be renewed in accordance with section 13-231-61. [(c)] bL~ An application for a commercial [use] activity permit shall be made in writing to the department on the form provided by the department. The applicant shall indicate in the application the type and chazacteristics of the vessel, including but not limited to the vessel's overall length, draft, beam, principal source of propulsion, and any secondary or auxiliary source of propulsion, the passenger cazrying capacity, and any other pertinent information. No application shall be complete until the applicant pays the application fee prescribed in these rules. The department shall accept the completed application form for consideration by endorsing it and entering the time and date on the annliratinn fnrm cnhmitte•tl Zlle_t1n7E and [late the annlicatinruS endorsed by the department shall be the effective filing date and shall establish the applicant's priority date. An applicant must file a new application form each yeaz but the effective filing date shall remain the same. [(d)] ~ Only when the number of commercial [use] activi permits issued under subsection (a) falls below the number authorized in section 13-256-36, will the department offer a permit to the applicant with the eazliest. priority date; provided that in no event shall the limit set in section 13-256-36 be exceeded thereby." [Eff2/24/94 am and comp ] (Auth: HRS §§2(10-2'., 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24} 97 115. Section 13-256-36, Hawaii Administrative Rules, is amended to read as follows: 13-256-36 Use of commercial vessels at the Hanalei River, Hanalei Bav ocean waters, and Anini Beach launching ramp. In addition to any federal, state or county law, rule, or ordinance, the following restrictions shall apply at the Hanalei River, Hanalei Bay ocean waters, and Anini Beach launching ramp. (1) No commercial vessel shall operate at or use the Hanalei River, Hanalei Bay ocean waters, or Anin Beach launching ramp for any commercial purposes without a commercial [use] activi permit. (2) No commercial [use] activi permits shall be issued for commercial vessels to operate at or on the Hanalei River or Hanalei Bay ocean waters, except that up to two commercial [use] activit permits may be issued for kayaks to operate on the Hanalei River or Hanalei Bay ocean waters. No more than twenty-four passengers shall be allowed per day under each permit. A kayak tour group shall not exceed six vessels for passengers, and shall additionally include at least one guide vessel per six passengers. (3) No more than two commercial [use] activi permits shall be issued for the Anini Beach launching ramp. (4) No more than three commercial kayak tour operators shall be registered and permitted to operate in the Na Pali Coast restricted area. No trip scheduled by a commercial kayak tour operator may include more than four kayaks for customers and two kayaks for guides. No commercial kayak tow operation shall conduct more than two trips per day. (5) Commercial vessels shall land at times designated by the department. (6) No commercial vessel shall carry more than thirty paying or non-paying passengers per day. (7) No commercial vessel shall be issued a commercial [use] activi permit to operate within the North Shore Kauai Ocean Recreation Management Area if its passenger carrying capacity exceeds twenty-five individuals. (8) The department may authorize a holder of an existing commercial [use] acti ' permit to substitute a larger vessel for a smaller vessel so long as the new vessel does not exceed the twenty-five person carrying capacity limit, nor the thirty passengers per day limitation." [Eff2/24/94 am and comp 11/30/00 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4,200-22,200-24) 116. Section 13-256-37, Hawaii Administrative Rules, is repealed: 13-256-37 Fees. (a) Fees required to be paid to the department are described in Chapter 13-234 and more specifically as follows: (I) Registration fee. A registration fee payable at the time of issuance shall be prescribed in section 13-253-1. 98 (2) Operator license fee. A commercial operator license fee payable at time of issuance of the license shall be $2.00. (3) Commercial vessel permit fee. A monthly commercial vessel permit fee shall be the greater of $75.00 or two per cent of the monthly gross receipts. (b) Delinquency of any fees owed to the department will result in automatic revocation of the commercial vessel permit: [Eff 2/24/94 R ] (Ruth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 117. Section 13-256-39, Hawaii Administrative Rules, is amended by amending subsection (e) to read as follows: "§13-256-39 Hanalei Ba~ocean waters, general restrictions. (e) The designated mooring azea for the mooring or anchoring of transient and Locally based vessels, is the area encompassed by the boundaries shown on Exhibit "C" dated September 19, 1988, located at the end of this subchapter, and which are described as follows: Beginning at a point on the northwest corner of Hanalei Pier by azimuths clockwise from'frue South, 123 degrees for a distance of six hundred seventy- five feet; 346 degrees for a distance of one thousand two hundred seventy-seven feet; 022 degrees for a distance of seven hundred fifty-six feet; 127 degrees for a distance of three thousand two hundred twenty-five feet; then on a straight line to the point of beginning. (2) All vessels within Hanalei Bay ocean waters shall be moored or anchored within the designated mooring area. (3) No person shall navigate, moor, or anchor a commercial vessel, providing services on a fee basis, in a designated mooring azea unless the vessel has been regLstered and the owner has a valid commercial (use] activit permit issued by the de_nartment. (4) No person shall anchor, moor or stay aboazd a vessel except those equipped with an approved marine sanitation device (MSD) in good working condition, or those vessels exempt from MSD requirement in accordance with U.S. Coast Guard regulations. (5) No perrrament mooring shall be installed within the designated mooring azea except by permit issued by the department." *s* (Eff2/24/94 am and comp ) (Ruth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: FIRS §§200-2, 200-3, 200-4, 200-22, 200-24) 99 118. Section 13-256-40, Hawaii Administrative Rules, is amended to read as follows: 13-256-40 Haena ocean waters, general restrictions. (a) The Haena ocean waters are subject to the following restrictions. This section shall not apply in the event of an emergency, to law enforcement or to rescue craft, or to vessels participating under a valid ocean waters event permit issued by the department, Coast Guard or Hawaiian design outrigger canoes engaged in crew training. (l) No commercial motorized vessel shall land, or discharge or load passengers from shore within Haena ocean waters, unless the owner possesses a valid commercial [use] activit permit for the use of the beach for this purpose issued by the board of land and natural resources. The total number of vessels operating from this area shall not exceed ten passenger carrying vessels and one support craft. (2) No person shall solicit business or offer goods or services for rent, sale or use within Haena ocean waters. (3) Non-motorized commercial vessels may be permitted to land at the beach area fronting the western half of the county beach park. (4) Vessels may be moored or anchored only during daylight hours. (5) Motorized vessels shall not exceed a speed of "slow-no-wake" (five miles per hour) within Haena ocean waters. [(c)] ~ Recreational Zone A, Haena ocean waters. (1) Zone A means the azea confined by the boundaries shown on Exhibit "D" dated June 30, 1988, located at the end of this subchapter, which boundaries are described as follows: Beginning at the intersection of the edge of the inner reef and the mean low water mazk on the south side of the boat channel, then clockwise along the outer edge of the inner reef to the intersection of the edge of the reef and a straight line drawn between a marker pole on the shoreline and the exposed rock on the southern tip of the outer reef, then along this line to the exposed rock, then along a line drawn at a ninety degree angle to the outer edge of the reef, then clockwise along the outer edge of the reef to the point where it becomes tangent to the Haena ocean waters boundary line, then clockwise along the boundary line to the mean low water mark to the point of beginning. (2) Restrictions. Zone A is designated for recreational use. No commercial motorized vessel shall be permitted within Zone A, provided that customers patronizing commercial vessels anchored or moored within "hone C shall be allowed to enter Zone A for snorkeling or scuba diving activities. (3) Notwithstanding the provisions of subsection (b)(2), commercial vessels whose owmers possess a valid [use] commercial activity permit issued by the department of land and natural resources shall be permitted direct access to the beach area specified in the permit. for the purpose of passenger pick-up or discharge. 100 [(d)] ~ Swimming and Snorkeling Zone B, Haena ocean waters. (1) Haena Zone B means the azea confined by the boundaries shown on Exhibit "D" dated June 30, 19881ocated at the end of this subchapter and described as follows: Beginning at the intersection of the western boundary of Haena ocean waters and the mean low water mark, then along the western boundary of Haena ocean waters for a distance of two hundred feet, then clockwise along a line drawn parallel to the low water mark at a distance of two hundred feet to the outer edge of the inner reef, then along the outer edge of the inner reef to the mean low water mark, then along the mean low water mark to the point beginning. (2) Restrictions. Haena Zone B is designated for swimming and snorkeling activities. No motorized vessel shall be permitted within Zone B. [(e)] ~ Snorkeling Zone C, Haena ocean waters. (I) Haena Zone C is as shown on Exhibit "D" dated June 30, 1988, located at the end of this subchapter. Haena Zone C includes those ocean water areas outside Zone A and Zone B. (2) Restrictions. Haena Zone C is an azea designated for the use of motorized vessels with passengers engaged in snorkeling and scuba diving activities, Haena ocean waters include those ocean azeas outside Zone A and Zone B. No vessel shall moor within Zone C except at three mooring buoys approved for installation by the board of land and natural resources along the outer edge of the inner reef at the locations shown on Exhibit "D" dated June 30, 1988. No more than two vessels may be moored to each buoy at any one time, for a period not exceeding forty-five minutes per vessel. (3) Anchoring during daylight hours may be permitted within Zone C except in areas containing coral growth." [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 119. Section 13-256-73, Hawaii Administrative Rules, is amended to read as follows: "§13-256-73 Kaneohe Bav Waters.*** (b) Commercial ocean recreation activities shall be restricted within Kaneohe Bay waters as follows: (1) No commercial operator, holding a valid ocean recreational management area commercial [use] activit permit, shall operate a thrill craft, engage in water sledding or commercial high speed boating, or operate a motor vessel towing a person engaged in water sledding during weekends and state or federal holidays. (2) All commercial ocean recreation activities in Kaneohe Bay waters are prohibited on Sunday, effective January 1, 1991." ]O1 [Eff 2/24/94 am and comp ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 120. Section 13-256-89, Hawaii Administrative Rules, is amended to read as follows: 13-256-89 Waialae-Kabala Restricted Areas. s** (d) Waialae-Kabala Beach Boat Channel. (1) The Waialae-Kabala beach boat channel means the area confined by the boundaries shown on Exhibit "II", dated, August 19, 1988 located at the end of this subchapter. The boundaries are as follows: Beginning at a point on the low water mark at the southern tip of the Waialae Nui Stream groin, then by azimuth measured clockwise from True South, 205 degrees for a distance five hundred fifty feet, coincident with Swimrrring Area A boundary; then in a straight line to the low water mark at the south eastern tip of the rocky peninsula; then along the low water mark of the rocky peninsu]a and shoreline to a point one hundred twenty-five feet east of the rocky peninsula; then 343 degrees in a straight line to intersect Swimming Area B boundary; then along Swimnung Area B boundary to the northern tip of the islet; then 160 degrees for a distance of four hundred twenty-five feet; then 025 degrees for a distance of four hundred seventy-five feet; then in a northwesterly direction to the point of beginning. (2) Restrictions. The Waialae-Kabala beach boat channel is designated for use by commercial vessels, operating under contract with the Kabala Hilton Hotel and holding a valid commercial [use] activi permit from the department. The operation of any other vessel is prohibited within this area." [Eff 2/24/94 am and coma ] (Auth: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) (Imp: HRS §§200-2, 200-3, 200-4, 200-22, 200-24) 102