Report Title:

Ala Wai Boat Harbor; Commercial Vessels

Description:

Permits commercial vessels to occupy Ala Wai boat harbor if the vessel has a permitted moorage at Ala Wai boat harbor and does not engage in any commercial activities in the harbor.

HOUSE OF REPRESENTATIVES	H.B. NO.	1766
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to small boat harbors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 200-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Vessels used for purposes of recreational boating activities [which] that 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 [commercial]:

(1) A vessel that is used for recreational boating activities and commercial boating activities may be moored in the Ala Wai boat harbor, if the vessel:

(A) Has a valid permit for a moorage in the Ala Wai boat harbor; and

(B) Does not engage in commercial vessel activities in the Ala Wai boat harbor; and

(2) Commercial catamarans, for which valid permits or registration certificates have been issued by the department [which] that 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."

     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.

INTRODUCED BY:

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