Section 13-256-73.7 - Glass bottom boat tour permit restrictions(a) The passenger carrying capacity of the vessel shall be established by a United States Coast Guard Certificate of Inspection. If a vessel has no United States Coast Guard Certificate of Inspection, the vessel's capacity shall not exceed six passengers.(b) The maximum number of passengers per outing shall be seventy passengers. Passengers may be loaded and unloaded only at the Heeia Kea small boat harbor pier.(c) The vessel shall be equipped with a United States Coast Guard approved marine sanitation device.(d) The vessel shall be registered in accordance with section 13-256-4(a), notwithstanding section 13-256-4(b), and display a current Ocean Recreation Management Area decal.(e) Educational and not-for-profit tours shall not be counted against daily customer limits, but shall not exceed the maximum number of seventy customers allowed per outing. Not-for-profit tours and passengers shall not be mixed with commercial customers on the vessel at the same time.(f) Replacement or substitution of any existing vessels or equipment shall require prior written approval by the department and the department shall have discretion to permit vessel substitution with a similar length vessel; provided that the increase shall not be greater than ten per cent of the length of the authorized vessel of record on May 22, 2000. An increase greater than ten per cent of the length of the authorized vessel of record on May 22, 2000 is prohibited. Additional motorized and non-motorized vessels and equipment not authorized on the effective date of these rules by the department shall not be allowed.(g) Permittees or owners or shareholders of record of business entities holding permits may transfer any interest in the business. Any transfer of interest in the business shall result in assessment of business transfer fee in accordance with section 13-256-7.(h) An exchange of passengers between the glass bottom boat tour permittee and any other permittee shall not be allowed. Haw. Code R. § 13-256-73.7
[Eff 11/7/11] (Auth: HRS §§ 200- 2, 200-3, 200-4, 200-22, 200-23, 200-24, 200-39) (Imp: HRS §§ 200-2, 200-3, 200-4, 200-22, 200-23, 200-24, 200-39)