19-42-44

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 42
VESSEL AND HARBOR CONTROLS
SUBCHAPTER 2
SMALL CRAFT AND SMALLER COMMERCIAL VESSELS
§19-42-44 Revocation of use permit. If the permittee fails to remedy any breach
of any of the duties, covenants, or conditions of the permit or to desist from
violating or permitting violation of these rules, the department may revoke the
permittee's use permit, or, at its discretion, refuse to renew the permittee's use
permit.
A use permit may be terminated or revoked for the following reasons, although
termination and revocation are not necessarily limited to these reasons:
(1) Failing to report to the department within seven days:
(A) A change in ownership of the vessel.
(B) A change in address of the permittee.
(C) A change in status of the vessel from one category to another, e.g., from
commercial fishing to charter fishing.
(D) The permittee's vessel has been involved in the destruction of or damage to
state property or to another vessel.
(E) A material change in a corporation's stock ownership or change in corporate
officers.
(2) Abandoning a vessel at a berth or mooring.
(3) Failing to renew a mooring permit within the provisions stipulated herein.
(4) Failing to refloat or to remove a sunken vessel within seven days of
notification.
(5) Failing to satisfactorily meet delinquent outstanding indebtedness due the
State.
(6) Failing to maintain established state standards of sanitation on a permittee's
vessel or in the area within the assigned berth.
(7) When a vessel is not used for the purpose indicated in the application for a use
permit.
(8) Whenever in the opinion of the department the safety, health, and welfare of
the public shall so require.
(9) Whenever in the opinion of the department a vessel is incapacitated for a
period in excess of thirty days or otherwise is unable to meet the test of
seaworthiness.
(10) Failure to obtain the department's approval prior to the making of extended
repairs as required in section 19-42-52.
(11) Failing to submit a monthly report showing gross receipts to the department
within thirty days after the last day of the month being reported together with net
charges due.
(12) Failing to insure that the vessel named in the mooring permit is properly
documented, certificated, or registered with the appropriate federal or state

agencies concerned.
(13) Failing to maintain insurance coverage as required in section 19-42-37.
Unless the time limit to remedy the breach is otherwise specified in these rules or
in a notice given to the permittee, the permittee shall have thirty days to remedy
the breach. [Eff 5/20/82; am 12/20/85; am 11/7/91; am and comp 2/26/96] (Auth:
HRS §§266-2, 266-3) (Imp: HRS §§266-2, 266-3)