Section 13-231-67 - Limitation on commercial use permits issued for the use of state boat launching ramps(a) State boat launching ramps were constructed for the primary purpose of providing access to the waters of the State for trailered boats. Therefore, commercial use permits issued for the use of state boat launching facilities shall be restricted to boats that are regularly launched and recovered from boat launching ramps and used in the course of doing business. A commercial use permit shall be required for any trailered vessel which is rented off-site, but launches or recovers from a state boat launching facility. The owner of a trailered vessel shall be required to obtain a commercial use permit and comply with ail other rules of the department governing commercial vessel activities. Notwithstanding the limitation of the number of commercial use permits which may be issued for launching ramps in subsections (d) (1) through (d) (23) below, the owner may apply for and may be issued a commercial use permit for the number of vessels owned and registered in furtherance of its commercial use by the business on the 1994 effective date of these rules. Vessels registered to boat dealers and manufacturers and used for the purpose of conducting sea trials and instruction of prospective owners shall be exempt from commercial use permit requirements.(b) No commercial use permits for the use of state boat launching ramps shall be issued for the purpose of embarking or disembarking passengers by small craft or lighter from a vessel moored offshore.(c) A commercial use permit issued for the use of a state boat launching ramp shall also be valid for all other state boat ramps on the same island at which commercial activities are permitted except those listed in subsection (d); provided that the permittee shall indicate which launching ramp is expected to be the location of primary use and the fees derived from three percent of gross revenues shall be paid to that account. No commercial use permit shall be issued for a launching ramp located on an island other than the place of business of the permittee.(d) The maximum number of commercial use permits which may be issued for the use of the following launching ramps are: | (1) | Ala Wai | - 3 |
| (2) | Keehi | - 3 |
| (3) | Heeia Kea | as provided for in section 13-256-73.1 |
| (4) | Maunalua Bay | - 5 |
| (5) | Mala | - 15 |
| (6) | Kihei | - 15 |
| (7) | Manele | - 3 |
| (8) | Kaunakakai | - 5 |
| (9) | Kukuiula | - 6 |
| (10 | Lahaina | - none |
| (11) | Maalaea | - none |
| (12) | Kikiaola | - 10 |
| (13) | Nawiliwili | - 5 |
| (14) | Port Allen | - 9 |
| (15) | Waikaea | - 5 |
| (16) | Honokohau | - 35 |
| (17) | Kawaihae (N) | - 5 |
| (18) | Kawaihae (S) | - 10 |
| (19) | Puako | - 4 |
| (20) | Pohoiki | - 4 |
| (21) | Wailoa | - 10 |
| (22) | Kailua Pier | - 6 |
| (23) | Keauhou | - 11 |
| (24) | All others | - no limit. |
(e) The maximum number of commercial use permits that may be issued for the use of any launch ramp is two (2) per business entity or sole proprietor registered to do business in the state. Notwithstanding this section, all owners of commercial use permits on the effective date of these rules may continue operations and be permitted to apply for and renew their commercial use permits subject to compliance with all other conditions set forth in this chapter until their total number is reduced by attrition or other means to the numbers in subsection (d)." [Eff 2/24/94; am and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-3, 200-4, 200-10, 200-39) (Imp: HRS §§ 220-2, 200-3, 200-4, 200-10, 200-39)