NOTICE OF PUBLIC HEARING
Pursuant to Chapter 91, Hawaii Revised Statutes, notice is hereby given that the Department of Land and Natural Resources (DLNR), State of Hawaii, will hold public hearings on proposed amendments to Chapter 13-234 and 13-253 of Title 13, Hawaii Administrative Rules, to increase various fee rates applicable to state small boat harbors and boating facilities; to amend rules regarding late and delinquent payments to the Department; to impose a service charge for delinquent accounts; to clarify requirements for obtaining a shower key; to increase the minimum age for obtaining a shower key for shower facilities at small boat harbors; to amend dry storage requirements and restrictions; to repeal reserved parking rules; to increase fees for passenger cruise vessels; to create an anchorage, dockage, or station-keeping fee for passenger cruise vessels; to clarify applicability of the business transfer fee; and to amend services provided in ramp decal fees.
The following sections are being amended and compiled: 13-234-1 General statement, 13-234-2 Payment and delinquency, 13-234-3 Mooring rates, 13-234-4 Mooring rates for offshore mooring and anchoring, 13-234-5 Mooring fees for vessels assigned temporary moorings or occupying moorings without permission, 13-234-6 Fees for vessel absent for more than fourteen days, 13-234-7 Mooring fee for vessels owned by nonresident, 13-234-8 Stay-aboard or principal habitation fee, 13-234-9 Stay-aboard or principal habitation fee for offshore mooring or anchoring, 13-234-10 Electricity fee, 13-234-11 Shower fee, 13-234-12 Dry storage and vessel repair, 13-234-13 Gear locker fee, 13-234-14 Mooring fees – facilities constructed by others, 13-234-15 Waiver of fees, 13-234-16 Permit processing fees, 13-234-18 Excessive water usage fee, 13-234-21 Principal habitation application fee, 13-234-22, Exemption from fee differential, 13-234-23 Application fee for moorage, 13-234-24 Fee for residency status appeal; refund if status determination reversed, 13-234-25 Fees for commercial vessels using state boating facilities, Kaneohe Bay ocean waters, and beaches of the State, 13-234-26 Passenger fees, 13-234-28 Negotiable instruments; service charge, 13-234-29 Vessel inspection fee, 13-234-30 Application fee for approved marine surveyor, 13-234-31 Fee for commercial use of boat launching ramps and other boating facilities, 13-234-32 Small boat harbor facility key deposits, 13-234-33 Business transfer fee, 13-234-34 User fee for recreational use of state boat launching ramps, 13-234-35 Fees for signs and ticket booths, 13-253-1 Registration fees for canoes, surfboards, and water sports equipment, 13-253-1.1 Commercial use permit and catamaran registration certificate fees, 13-253-1.2 No additional fees, 13-253-1.3 Gross receipts.
The following sections are being compiled: 13-234-17 Fees for vessels moored at yacht club berths and other areas covered by specific agreements, 13-234-20 Salvage fee, 13-253-2 Permit and registration certificate fees.
The following sections are being repealed: 13-234-19 Parking fees – reserved space, 13-234-27 Fees for copies of rules, 13-253-3 Duplicate permit or certificate fee, 13-253-4 When fees returnable.
Meetings will be held as follows:
On Hawaii Island at Kealakehe High School Cafeteria, 74-5000 Puohulihuli Street Kailua-Kona, HI 96740 on March 4, 2019 from 6:00pm to 8:00pm.
On Hawaii Island at Hilo State Office Building Conference Room, 75 Aupuni Street Hilo, HI 96720 on March 7, 2019 from 5:00pm to 7:00pm.
On Kauai at Chiefess Kamakahelei Middle School 4431 Nunou Street Lihue, HI 96766 on March 9, 2019 from 9:30am to 12:00pm.
On Maui at Velma McWayne Santos Community Center 395 Waena Street Wailuku, HI 96793 on March 6, 2019 from 5:30pm to 7:30pm.
On Oahu at Aiea Elementary School Cafeteria, 99-370 Moanalua Road Aiea, HI 96701 on March 2, 2019 from 8:30am to 10:30am.
Meeting locations are disability accessible. For special needs (large print, sign language interpreter, etc.), call Clifford Inn on Oahu at (808) 587-1972 at least one week prior to the designated date and time of the applicable public hearing.
All interested parties are invited to attend and present their views on the proposed amendments, either orally or in writing. Individuals interested in providing oral testimony must sign in with DLNR staff no later than 30 minutes after the stated start time of the public hearing. Public hearings will conclude at the stated times or when the last oral testifier has finished, whichever comes first. Written statements may be submitted at the public hearing or to the Chairperson up to five working days after the latest public hearing date.
The proposed rule amendments may be viewed online at the Division of Boating and Ocean Recreation website (http://dlnr.hawaii.gov/dobor/draft-rules) or in person from 8:00am to 4:00pm, Monday through Friday, excluding state holidays, as follows:
Hawaii District Office Maui District Office
74-380 Kealakehe Parkway, 101 Maalaea Boat Harbor Road,
Kailua-Kona, HI 96740 Wailuku, HI 96793
Phone: 327-3690 Phone: 243-5824
Kauai District Office Oahu District Office
2494 Niumalu Road, 4 Sand Island Access Road,
Lihue, HI 96766 Honolulu, HI 96819
Phone: 241-3111 Phone: 832-3520
Persons may request a hardcopy of the rule proposal; a copy charge of $0.50 per page will apply. Hardcopies can be mailed upon receipt of a valid request, mailing information, and payment of copy and postage charges. Requests must be made by phone, in person, or in writing to:
Division of Boating and Ocean Recreation
4 Sand Island Access Road
Honolulu, HI 96819
(808) 832-3520
/s/ Suzanne D. Case
Chairperson
Board of Land and Natural Resources
(SA/TGI/HTH/WHT1169548 1/31/19)
