Report Title:

Mooring Fees; Exemption

Description:

Exempts voyaging canoes from mooring fees. (SD1)

THE SENATE

S.B. NO.

1414

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO OCEAN RECREATION AND COASTAL AREAS.

 

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

SECTION 1. Section 200-10, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The permittee, excluding vessels commonly referred to as voyaging canoes, that are designed, built, and operated in the traditional manner of Pacific Islanders, and that are:

(1) For the purpose of re-creating, educating, and sharing seafaring, navigational, and cultural skills and ideas; and

(2) Owned and operated by a public educational institution or a private, non-profit organization whose primary mission is to perpetuate ocean voyaging traditions, culture, and history epitomized by the indigenous peoples of the Pacific Islands;

shall pay moorage fees to the department for the use permit which shall be based on, but not limited to, the use of the vessel, its effect on the harbor, use of facilities, and the cost of administering this mooring program; provided that voyaging canoes shall be exempt from inter-island moorage fees only; and, furthermore:

(1) Moorage fees shall be established by the department and shall be higher for nonresidents;

(2) An application fee shall be collected when applying for moorage in state small boat harbors and shall thereafter be collected annually when the application is renewed. The application fee shall be:

(A) Set by the department; and

(B) Not less than $100 for nonresidents;

(3) If a recreational vessel is used as a place of principal habitation, the permittee shall pay, in addition to the moorage fee, a liveaboard fee which shall be:

(A) $5.20 a foot of vessel length a month if the permittee is a state resident; and

(B) $7.80 a foot of vessel length a month if the permittee is a nonresident;

provided that the liveaboard fees established by this subsection may be increased by the department at the rate of the annual cost-of-living index, but not more than five per cent in any one year, beginning January 1 of each year; and

(4) If a vessel is used for commercial purposes from its permitted mooring, the permittee shall pay, in lieu of the moorage and liveaboard fee, a fee based on a percentage of the gross revenues derived from the use of the vessel which shall be not less than two times the moorage fee assessed for a recreational vessel of the same size."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.