Section 13-231-57 - Berthing or using commercial vessels in state small boat harbors(a) This section is applicable to all state small boat harbors. 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 of fish or permitted coral.(b) No commercial vessel shall load or discharge passengers or cargo or engage in any other commercial activity at any small boat harbor unless the owner possesses a regular mooring permit and a valid commercial use permit or valid catamaran registration certificate issued by the department. Inter-island ferry service within Maui County shall be afforded preferential consideration in accordance with section 200-9(d), Hawaii Revised Statutes. The restrictions of this section shall not apply to any commercial vessel operated in connection with the lease of premises at a small boat harbor.(c) Notwithstanding subsection (b) and except at the Ala Wai and Keehi small boat harbors, the department may authorize the owner of a transient or visiting commercial vessel engaged in a trade or business elsewhere to: (1) Carry passengers for hire in the small boat harbors if the vessel will be so engaged as a registered participant in a bona fide fishing tournament;(2) While on cruise, off-load and load passengers in the small boat harbors if those passengers are embarked 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 occasionally and infrequently, not exceeding twenty-four times in a calendar year on a special charter when approved not less than seven days in advance of the voyage.(d) A commercial use permit or catamaran registration certificate shall automatically expire upon the department's notice to vacate, if any vessel granted a temporary mooring permit under section 13231-57(c) engages in a trade or business contrary to the provisions of the permit or certificate.[Eff 2/24/94; am and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-4, 200-9, 200-10) (Imp: HRS §§ 200-2, 200-4, 200-9, 200-10)