19-42-49

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 42
VESSEL AND HARBOR CONTROLS
SUBCHAPTER 2
SMALL CRAFT AND SMALLER COMMERCIAL VESSELS
§19-42-49 Absence of vessel for more than fourteen days; effect on the permits. A
regular mooring permit and related use permits issued to a vessel shall
automatically expire if the vessel is absent from its assigned berth for more than
fourteen days, unless the permittee who wishes to retain the permit submits an
application prior to departure on a form furnished by the department enumerating
the permit the permittee wishes to reserve during the permittee's absence.
The permittee shall present an estimated period of absence, which may not exceed
eight months and shall continue to pay on the due date or by pre-payment all
applicable fees and charges for the permit during the absence.
During such absence, the department may issue a temporary use permit for the use
of the berthing space by another vessel and charge mooring fees to the temporary
permittee at the rate prescribed in these rules. The permittee is responsible for
renewing the use permit if it should expire during the period of the permittee's
vessel's absence.
If the assigned vessel does not return within thirty days after the estimated return
date or within eight months, whichever is less, all use permits shall automatically
expire unless the permittee applies to the department, prior to the expiration of the
permit for an extension and the extension is approved by the department.
An application for extension will not be granted if the vessel's absence would
exceed eight months unless the permittee presents conclusive evidence to the
department that due to a boating accident, casualty, hull or equipment failure,
weather, sea or related environmental conditions involving the vessel or similar
unforeseen occurrences, the granting of additional time is reasonable and essential
to prevent undue hardship.
However, no absence may exceed one year for any reason.
The department retains the right to (1) deny the application to retain the berth; or
deny the reissuance of or to revoke any use permit for failure to comply with any
section of these rules; or (2) reassign a vessel to another berth in order to provide
for more efficient use of facilities in the reasonable discretion of the department
or when a berth is unusable, eliminated or in need of repairs.
A temporary mooring permit and related use permits issued for a vessel shall
automatically expire if the vessel is absent from its assigned berth for more than
fourteen days without authorization.
If a vessel is unable to return to the harbor within fourteen days as planned due to
wind, sea or related environmental conditions, delays in completing repairs or
refurbishing or other unforeseen occurrences the permittee may apply to the
department by letter, telephone or any other means of communication and be

permitted to retain the permits upon the permittee's return. [Eff 5/20/82; am and
comp 2/26/96] (Auth: HRS §§266-2, 266-3) (Imp: HRS §§266-2, 266-3)