19-42-39

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 42
VESSEL AND HARBOR CONTROLS
SUBCHAPTER 2
SMALL CRAFT AND SMALLER COMMERCIAL VESSELS
§19-42-39 Renewal of use permit. The department may issue or renew a use
permit for any period up to, but not exceeding one year. Upon expiration of the
period stated therein, the permit and all rights of the permittee thereunder shall
automatically terminate. No use permit shall be renewed unless the conditions of
the original issuance are met nor shall a use permit be issued or renewed unless all
fees and charges due and payable are paid.
The department shall not renew a use permit which has been terminated or
revoked.
A use permit may be renewed at any time within a ninety day period immediately
preceding the expiration date of the mooring permit. The same use permit number
shall be retained if the renewal application is received prior to the expiration date
of the old permit and there is no change in ownership or status of the boat.
Requests to renew use permits which have been expired for less than thirty days,
may be granted by the department if there is no change in ownership or status of
the boat and the permittee's account with the department is current. Requests to
renew use permits received thirty days or more after the expiration date of the
permit shall be treated as an original application with seniority commencing on
the date of filing the new, complete application.
The department's policy is to mail a renewal notice to a permittee prior to the
expiration of the permit, at the address furnished by the permittee to the
department pursuant to these rules. However, the permittee is responsible for the
timely renewal of the permit without receipt of a renewal notice from the
department.
Temporary mooring permits are not renewable. In view of the acute shortage of
available berths in Kewalo Basin and Kewalo Basin annex, certain levels of the
activity for which the regular mooring permit was issued (i.e., cruise, charter,
commercial fishing) must be achieved in order to be eligible for renewal of the
permit. These levels are established in terms of the minimum gross receipts which
must be realized by a permittee in the preceding twelve-month period as follows:
For Cruise Boats
. Minimum Gross
Receipts
Vessels registered by the State or documented by the U.S. Coast
Guard to carry six passengers or less $ 25,000

Vessels certificated by the U.S. Coast Guard to carry seven to
twenty-five passengers $ 50,000
Vessels certificated by the U.S. Coast Guard to carry more than
twenty-five passengers $100,000
For Charter Boats
. Minimum Gross
Receipts
Vessels registered by the State or documented by the U.S. Coast
Guard to carry six passengers or less $ 25,000
Vessels certificated by the U.S. Coast Guard to carry seven to forty-
nine passengers $ 50,000
For Commercial Fishing Boats
. Minimum Gross
Receipts
Vessels of less than five net volume tons 	$ 6,000
Vessels documented by the U.S. Coast Guard as commercial fishing
vessels with a crew of six or less $ 20,000
Vessels documented by the U.S. Coast Guard as commercial fishing
vessels with a crew of more than six $ 60,000
Failure of a permittee to demonstrate that the permittee's vessel's activities
generated these minimum gross receipts during the twelve-month period of the
permittee's permit shall result in a refusal to renew the use permit by the
department, unless the permittee applies to the department in writing for renewal
of the permittee's use permit and concurrently presents evidence that any failure
to generate gross receipts from the operation of the permittee's vessel as
prescribed in this section was due to (1) the sinking, loss, or destruction of the
permittee's vessel; (2) the permittee's vessel being inoperative in excess of sixty
days due to disability of the permittee; (3) the permittee's vessel was rendered
inoperative in excess of sixty days due to damage to the vessel, or due to the
necessity of replacing essential parts and gear, provided that reasonable and
diligent efforts by the permittee to secure such items necessary to repair the vessel
or replacement of parts is demonstrated; or (4) where similar conditions and
circumstances are demonstrated wherein a renewal of the permittee's use permit

would be fair and warranted, and the application for renewal is approved by the
department. [Eff 5/20/82; am 12/20/85; am and comp 2/26/96] (Auth: HRS
§§266-2, 266-3) (Imp: HRS §§266-2, 266-3)