Hawaii Administrative Rules
Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
Hawaii Community Development Authority
Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF
Section 15-211-3 - Definitions; small craft
The following definitions pertain particularly to small craft operating within Kewalo Basin governed under this chapter 211 and chapters 212, 213 and 214. When used in this chapter 211 and chapters 212, 213 and 214, unless the context clearly indicates otherwise:
"Agreement" means the written agreement by a boat owner to abide by specified state-imposed conditions prior to being issued a permit to moor in designated berth(s) within Kewalo Basin;
"Application" means a request for a berth assignment at Kewalo Basin for a particular small craft;
"Assigned berth" means a berth that is assigned to a permittee by a valid regular mooring permit;
"Boat owner" means the legal owner of a vessel where there is no security interest held by anyone on the vessel, a buyer under a purchase money security interest, a debtor under any security interest, a demise charterer of a vessel, or a lessee or charterer of a vessel under lease or charter which provides the lessee or charterer with exclusive right to possession of the vessel to the exclusion of the permittee or the person from whom the vessel is chartered;
"Certificated vessel" means a vessel inspected by the United States Coast Guard and certified safe to carry seven or more passengers;
"Charter boat" means a small craft held out for renting, leasing, or chartering including demise or bare-boat charter;
"Commercial fishing boat" or "commercial fishing vessel" means a vessel outfitted and utilized for fishing or for the taking of fish for purposes of sale which is verified by the HCDA as described in section 15-212-44(d) of these rules as a commercial fishing boat, provided that the vessel is operated in such a manner that revenues from fishing or taking of fish for purpose of sale shall be the principal source of income (55 per cent or greater) for the vessel, the minimum level of gross receipts required of such a vessel is generated, and the captain and crew of such vessel have valid commercial marine licenses issued by the department of land and natural resources. The HCDA shall also be presented satisfactory proof of the vessel's certification by the United States Coast Guard that the vessel meets the federal requirements for commercial fishing industry vessels as mandated by the Commercial Fishing Industry Vessel Safety Act (CFIVSA) of 1988. The Commercial Fishing Industry Vessel Safety Act includes the following; 46 USC 5101, 46 USC 8103, 46 USC 8104, 46 USC 8304, 46 USC 8701, 46 USC 10601, 46 USC 11101, 33 CFR 26, 33 CFR 26.03, 33 CFR 81, 33 CFR 88.05, 33 CFR Part 95, 33 CFR 130, 33 CFR 151, 33 CFR 155, 33 CFR 156, 33 CFR Part 159, 33 CFR 173, 46 CFR Part 4, 46 CFR Part 16, 46 CFR 25, 46 CFR 25.26, 46 CFR 25.30, 46 CFR 26, 46 CFR Part 28 Subpart D, 46 CFR Part 28 Subpart E, 46 CFR 28.080, 46 CFR 28.090, 46 CFR 28.105, 46 CFR 28.110, 46 CFR 28.115, 46 CFR 28.120, 46 CFR 28.125, 46 CFR 28.130, 46 CFR 28.135, 46 CFR 28.140, 46 CFR 28.145, 46 CFR 28.150, 46 CFR 28.155, 46 CFR 28.160, 46 CFR 28.165, 46 CFR 28.205, 46 CFR 28.210, 46 CFR 28.215, 46 CFR 28.225, 46 CFR 28.230, 46 CFR 28.235, 46 CFR 28.240, 46 CFR 28.245, 46 CFR 28.250, 46 CFR 28.255, 46 CFR 28.260, 46 CFR 28.265, 46 CFR 28.270, 46 CFR 28.375, 46 CFR 67 - 69, 46 CFR 105, and 47 CFR 80;
"Commercial vessel" means charter boat, commercial fishing boat, commercial fishing vessel or cruise boat;
"Cruise boat" means any vessel not designed for open ocean transit engaged in the business of carrying passengers on tours for gain or compensation;
"Fees and charges" means those dues which are assessed by the HCDA for the use of its facilities within Kewalo Basin, such as dockage, moorings and the furnishing of services, such as electricity, water, parking, and other related services;
"Legal owner" means a person who holds unencumbered title to a vessel or is a secured party under a security interest in the vessel;
"Living aboard" means the substantial use of a vessel as a dwelling, abode, place of habitation, living quarters, or residence;
"Mooring fee" means the charge assessed against the owner of a small craft for the use of an assigned mooring at Kewalo Basin;
"Nesting" means the mooring of a vessel or vessels alongside another vessel;
"Owner" means a boat owner;
"Passenger" means every person other than the master and members of the crew or other persons employed on board a vessel in the business of that vessel;
"Person" means any individual, firm, partnership, corporation, trust, association, joint venture, organization, institution, or any other legal entity;
"Pleasure craft" means any vessel not utilized in any business for gain or compensation, but primarily for personal purposes;
"Regular permittee" means a person holding a valid regular mooring permit;
"Revocable permit" means the document issued and approved by the HCDA and executed by the boat owner in which the owner agrees to use an assigned berth in a particular manner within Kewalo Basin and agrees to abide by established rules and laws;
"Small craft" means and includes any vessel under sixty-five feet in length, such as, yachts, boats, or any watercraft propelled by any means but used for recreation, pleasure, charter, cruises, or any other commercial venture, including the landing of fish and commercial fishing vessels engaged in fishing in waters of the State. It does not include tugs or tow boats, nor does it include watercraft whose sole or principal use is for purposes of habitation;
"Temporary permittee" means a person holding a valid temporary mooring permit for the interim use of a berth;
"Transient vessel" means and includes any vessel visiting the State for a period of less than ninety days;
"Unassigned berth" means a berth that is not assigned to a permittee by a valid regular mooring permit; and
"Vessel loading zone" means a portion of a harbor facility reserved for the exclusive use of small craft during fueling, loading, or unloading.
