Haw. Code R. § 13-231-23 - Interim use of berth during temporary absence of regular permittee's vessel

(a) The department may allocate a berth assigned to a regular permittee to another person, pursuant to section 13231-5 for interim use while the regular permittee's vessel assigned thereto is temporarily absent from the berth or for a period not to exceed thirty days, whichever period is shorter. A temporary mooring permit for interim use, issued pursuant to this section, shall be nonrenewable.

(b) Interim use of the berth by a temporary permittee, pursuant to this section, while the regular permittee's vessel assigned thereto is absent, does not grant the temporary permittee any right to retain the use of the berth or any other space in the small boat harbor. Upon expiration of the temporary mooring permit or upon lapse of forty-eight hours of notice in writing to vacate the berth prior to the return of the regular permittee's vessel, whichever occurs first, the temporary permittee shall immediately remove the temporary permittee's vessel from the berth and the harbor if not already removed from the berth and the harbor.

(c) Failure of a temporary permittee, allocated a berth for interim use pursuant to this section, to vacate the berth and the small boat harbor upon expiration of the temporary mooring permit or upon lapse of forty-eight hours of written notice to vacate, in order to accommodate the return of the regular permittee's vessel, shall subject the temporary permittee to liability for any damages incurred by the returning regular permittee resulting from the temporary permittee's failure to vacate, and to a fine pursuant to section 200-14 or section 20014.5, Hawaii Revised Statutes, and entitles the department to remove the temporary permittee's vessel to an impounding area. The temporary permittee shall indemnify and hold harmless the State from any liability for damages arising out of a failure to vacate the berth and the small boat harbor and from the removal of the vessel to an impounding area by the department in accordance with this rule.

Notes

Haw. Code R. § 13-231-23

[Eff 2/24/94; am and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-4, 200-9, 200-10) (Imp: HRS §§ 200-2, 200-4, 200-9, 20010)