HOUSE OF REPRESENTATIVES	H.B. NO.	2582
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO VESSELS AT ALA WAI AND KEEHI 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 are also the principal habitation of the owners shall occupy no more than one hundred twenty-nine berths at the 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 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 total number of valid commercial use permits which may be issued for vessels assigned mooring in Ala Wai boat harbor shall not exceed fifteen per cent of the total berths and shall not exceed thirty-five per cent of the total berths at the Keehi boat harbor.

     The department shall allow a sole proprietor of a catamaran operating with a valid commercial [registration certificate] use permit 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.] use permit.  The existing commercial [registration certificate] use permit shall be reissued in a timely manner in the name of the transferee corporation or other business entity.  No commercial [registration] use permit 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.  Section 200-10, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The permittee shall pay moorage fees to the department for the use permit that shall be based on, but not limited to, the use of the vessel, its effect on the harbor, use of facilities, and the cost of administering this mooring program; and, furthermore:

     (1)  Moorage fees shall be established by the department [and shall be higher for nonresidents];

     (2)  An application fee shall be collected when applying for moorage in state small boat harbors and shall thereafter be collected annually when the application is renewed.  The application fee shall be:

          (A)  Set by the department; and

         (B)  Not less than $100 for nonresidents;

     (3)  If a recreational vessel is used as a place of principal habitation, the permittee shall pay, in [addition to] lieu of the moorage fee, a liveaboard fee that shall be calculated at a rate of:

         (A)  [$5.20 a foot of vessel length a month] Two times the moorage fee assessed for a recreational vessel of the same size per month where commercial vessel activities are permitted, or three times the moorage fee assessed for a recreational vessel of the same size per month in an exclusive, noncommercial harbor, if the permittee is a state resident; and

         (B)  [$7.80 a foot of vessel length a month] Two and one-half times the moorage fee assessed for a recreational vessel of the same size per month where commercial vessel activities are permitted, or three and one-half times the moorage fee assessed for a recreational vessel of the same size per month in an exclusive, noncommercial harbor, if the permittee is a nonresident;

          provided that the liveaboard fees established by this paragraph may be increased by the department at the rate of the annual cost-of-living index, but not more than five per cent in any one year, beginning January 1 of each year; and

     (4)  If a vessel is used for commercial purposes from its permitted mooring, the permittee shall pay, in lieu of the moorage and liveaboard fee, a fee based on three per cent of the gross revenues derived from the use of the vessel or two times the moorage fee assessed for a recreational vessel of the same size, whichever is greater."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Commercial Use Permits and Liveaboard Fees; State Small Boat Harbors

Description:

Authorizes moorage for commercial vessels and commercial vessel activities in the Ala Wai and Keehi Boat Harbors and adjusts fees for permittees of vessels that are used for a place of principal habitation in state small boat harbors.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.