Report Title:

Small boat harbors

Description:

Allows scheduled access to Lahaina small boat harbor for Molokai-Maui ferry.

HOUSE OF REPRESENTATIVES

H.B. NO.

1530

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SMALL BOAT HARBORS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Findings and purpose. The legislature finds and determines that:

(1) The Molokai to Maui ferry fulfills and important community need in that it provides an economical and efficient mode of transportation available to the people of Hawaii. Due to increasing demands of harbor facilities at Lahaina small boat harbor by various commercial boat operators and cruise ship tender operators, the Molokai-Maui ferry has experienced repeated delays to its published schedule while waiting for an available berth at the Lahaina loading pier. It is determined that providing an available landing site without delay is essential to ensure a successful ferry service between Molokai and Maui.

(2) In order to provide the necessary landing facility, section 200-9(c) needs to be amended to insure timely arrivals and departures. The purpose of this Act is to amend the section to effect this purpose.

SECTION 2. Section 200-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Notwithstanding any limitations on commercial permits for Lahaina small boat harbor, vessels engaging in inter-island ferry service between the islands of Maui and Molokai shall be afforded preferential consideration for both ferry landings and other commercial purposes, including the issuance of a commercial operating permit and the waiver of any applicable fees, at Lahaina small boat harbor; provided that:

(1) The vessel operator has been issued a certificate of public convenience and necessity for the purpose of engaging in inter-island ferry service between the islands of Maui and Molokai;

(2) The design and performance characteristics of the vessel will permit safe navigation within the Lahaina harbor entrance channel and safe docking along the north face of the Lahaina pier;

(3) The vessel operations will not result in unreasonable interference with the use of Lahaina small boat harbor by other vessels; and

(4) All preferential consideration and waivers, including any commercial permits issued under this section, shall cease upon the vessel operator's termination of inter-island ferry service between the islands of Maui and Molokai.

(5) Ferry landings at the Lahaina small boat harbor (North Face) shall not be delayed by any other vessels use of that area of the pier. While the ferry shall not have exclusive use of the pier, the landing are shall be kept clear for the Molokai-Maui ferry during its scheduled docking times by harbor personnel.

(d) The chairperson may adopt rules pursuant to chapter 91 to further implement this section. "

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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