Section 13-231-58 - Limitations on the number of commercial use permits and catamaran registration certificates for vessels assigned permanent moorings(a) The total number of valid commercial use permits which may be issued for vessels assigned permanent mooring in Manele small boat harbor shall not exceed ten percent of the available berths.(b) Subject to any other limitations on commercial catamarans that may be provided in these rules, the total number of valid commercial use permits or catamaran registration certificates that may be issued for vessels assigned mooring in the Ala Wai small boat harbor shall not exceed fifteen per cent of the total number of berths; provided that at the Ala Wai small boat harbor, vessels issued commercial use permits or catamaran registration certificates shall: (1) Not exceed sixty-five feet in length;(2) Occupy not more than fifty-six berths located along the row of berths furthermost mauka or adjacent to Holomoana Street, with the remainder located throughout the Ala Wai small boat harbor, with priority assigned to row five hundred, row seven hundred, and row eight hundred;(3) Be phased-in in a manner that does not displace any existing recreational boater or existing catamaran operator; and(4) Include commercial catamarans for which valid commercial use permits or existing registration certificates have been issued by the department, that allow the catamarans to operate upon Waikiki shore waters for hire.(c) The total number of valid commercial use permits or catamaran registration certificates that may be issued for vessels assigned mooring at the Keehi small boat harbor shall not exceed thirty-five per cent of the total number of berths;(d) The total number of valid commercial use permits or commercial registration certificates that may be issued for vessels assigned permanent mooring in the following small boat harbors are: | Harbor Ala Wai | Number of commercial use permits |
| as provided for in Hawaii Revised Statutes 200-9 |
| Keehi | as provided for in Hawaii Revised Statutes 200-9 |
| ( 1) | Heeia Kea | as provided for in section 13-256-73.1 |
| ( 2) | Haleiwa | 20 |
| ( 3) | Waianae | 15 |
| ( 4) | Nawiliwili | 10 |
| ( 5) | Port Allen | 12 |
| ( 6) | Kikiaola | 3 |
| ( 7) | Kukuiula | 4 |
| ( 8) | Hana | 2 |
| ( 9) | Kaunakakai | 9 |
| (10) | Lahaina | 32 |
| (11) | Maalaea | 29 |
| (12) | Honokohau | 120 |
| (13) | Kawaihae (north) | 4 |
| (14) | Kawaihae (south) | 10 |
| (15) | Kailua-Kona Makai | 3 |
| (16) | Kailua-Kona Offshore | 8 |
| (17) | Wailoa | 10 |
| (18) | Reed's Bay | 3 |
| (19) | Keauhou | 6 |
(e) Notwithstanding the provisions of subsections (a) through (d) limiting the number of commercial use permits and catamaran registration certificates that may be issued, the owner of a commercial vessel holding a regular mooring permit and a valid commercial use permit or valid catamaran registration certificate on the effective date of the rule amendments for the above listed small boat harbors, may retain and apply for reissuance of the commercial use permit or catamaran registration certificate, provided that all other requirements of these rules are met.(f) Upon the approval by the department, a person or business entity possessing a valid commercial use permit for a vessel moored elsewhere may be issued a regular mooring permit at a state boating facility listed in subsection (d), and retain the commercial use permit, provided that the permittee relinquishes the vessel moored elsewhere permit and that the total number of valid commercial use permits for vessels moored elsewhere shall be reduced accordingly. A regular mooring permittee who possesses a valid commercial use permit may relinquish the regular mooring permit and retain the commercial use permit, provided that the total number of valid commercial use permits for vessels moored in the state boating facility plus the number of commercial use permits for vessels moored elsewhere are not exceeded, and that the category of commercial use permits assigned to vessels moored elsewhere pursuant to section 13-231-59(d) shall not exceed the passenger capacity of the vessel formerly moored in the state boating facility. [Eff 2/24/94; am 6/16/03; am and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-3, 200- 4, 200-9, 200-10) (Imp: HRS §§ 200-2, 200-3, 200-4, 200-9, 200-10)