19-42-55

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 42
VESSEL AND HARBOR CONTROLS
SUBCHAPTER 2
SMALL CRAFT AND SMALLER COMMERCIAL VESSELS
§19-42-55 Illegal mooring of any small craft or smaller commercial vessel. The
department is vested with the sole authority to issue regular and temporary
mooring permits. Any vessel occupying a berth without a valid mooring permit
issued by the department is in violation of these rules. The vessel owner shall be
subject to appropriate legal action and the boat shall be subject to removal and
impoundment by the department. Furthermore, the boat owner shall be charged a
mooring fee for the time period the vessel was illegally moored.
The owner of an illegally moored small craft or smaller commercial vessel who
has been ordered, by certified mail, or by posting a notice on or as near to the
offending vessel as possible, by personal service or by any other reasonable
means shall remove the illegally moored vessel within seventy-two hours from
the time the notice was posted or notification given. Failure to remove the vessel
shall result in the impounding and removal of the vessel by the department at the
sole cost and risk of the owner of the illegally moored vessel, if such vessel is not
removed after the seventy-two hour period or if during said period the vessel is
removed and re-moored in said harbor or any other state commercial harbor
without a use permit. [Eff 5/20/82; am and comp 2/26/96] (Auth: HRS §§266-2,
266-3, 266-27) (Imp: HRS §§266-2, 266-3)