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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2540 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE BOATING FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 200-9, Hawaii Revised Statutes, is amended to read as follows:
"§200-9 Purpose and use of state small boat harbors. (a) State small boat harbors are constructed, maintained, and operated for the purposes of:
(1) Recreational boating activities;
(2) Landing of fish; and
(3) Commercial vessel activities.
For the purpose of this section, "recreational boating activities" means the utilization of watercraft for sports, hobbies, or pleasure, and "commercial vessel activities" means the utilization of vessels for activities or services provided on a fee basis. To implement these purposes, only vessels in good material and operating condition that are regularly navigated beyond the confines of the small boat harbor, and which are used for recreational activities, the landing of fish, or commercial vessel activities shall be permitted to moor, anchor, or berth at such harbor or use any of its facilities.
(b) Vessels used for purposes of recreational boating activities which are also the principal habitation of the owners shall occupy no more than one hundred twenty-nine berths at Ala Wai boat harbor and thirty-five berths at Keehi boat harbor, which is equal to fifteen per cent of the respective total moorage space that was available as of July 1, 1976, at the Ala Wai and Keehi boat harbors. Notwithstanding the purposes of small boat harbors, moorage for commercial vessels and commercial vessel activities [is not permitted] in the Ala Wai and Keehi boat harbors[; provided that] shall be limited to not more than sixteen berths in Ala Wai boat harbor and seven berths in Keehi boat harbor, which is two per cent of the total number of state-controlled berths existing in those harbors on January 1, 2002. Vessels eligible to moor in commercial berths at Ala Wai and Keehi boat harbors may include vessels operating under a certificate of public convenience and necessity and commercial catamarans[,] for which valid permits or registration certificates have been issued by the department which allow the catamarans to operate upon Waikiki shore waters for hire[, may be permitted to moor in Ala Wai boat harbor at facilities leased for commercial purposes. The department shall allow a sole proprietor of a catamaran operating with a valid commercial registration certificate issued by the department for a commercial catamaran to land its commercial catamaran on Waikiki beach and to operate upon Waikiki shore waters for hire, to transfer the ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to operate under the commercial registration certificate. The existing commercial registration certificate shall be reissued in a timely manner in the name of the transferee corporation or other business entity]. No commercial registration issued to an owner of a commercial catamaran operating in the Waikiki area shall be denied or revoked without a prior hearing held in accordance with chapter 91.
(c) Notwithstanding any limitations on commercial permits for Lahaina and Maalaea small boat harbors, vessels engaging in inter-island ferry service between the islands of Maui and Molokai shall be afforded preferential consideration for both ferry landings and other commercial purposes, including the issuance of a commercial operating permit and the waiver of [any applicable] fees[,] for the ferry portion of the operation, at Lahaina and Maalaea small boat harbors; provided that:
(1) The vessel operator has been issued a certificate of public convenience and necessity for the purpose of engaging in inter-island ferry service that includes a route between the islands of Maui and Molokai;
(2) The design and performance characteristics of the vessel will permit safe navigation within the Lahaina harbor entrance channel and safe docking along the north face of the Lahaina pier;
(3) The vessel operations will not result in unreasonable interference with the use of Lahaina or Maalaea small boat harbors by other vessels; and
(4) All preferential consideration and waivers, including any commercial permits issued under this section, shall cease upon the vessel operator's termination of inter-island ferry service route between the islands of Maui and Molokai.
(d) A lease issued pursuant to section 200-2.5, or a management agreement issued pursuant to Act 90, Session Laws of Hawaii 2001, upon the effective date of the lease or management agreement, shall not be subject to the provisions of sections 200-9 through 200-14 or administrative rules adopted thereunder. The lessee or manager shall have the authority to regulate the use of the premises through the issuance of subleases and other permits to the extent permitted by the terms of the lease or management agreement; provided that boat owners and operators and their boating activities on the waters within the leased premises shall be subject to parts II-VI and administrative rules adopted thereunder.
[(d)] (e) The chairperson may adopt rules pursuant to chapter 91 to further implement this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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