Haw. Code R. § 13-231-24 - Interim use of berth pending occupancy by regular permittee

(a) The department shall allocate an unassigned berth to the senior applicant for a regular mooring permit as expeditiously as possible pursuant to section 13-2315. It is recognized that, despite efforts to expedite the process, variable periods of time will elapse before the berth is assigned and the newly-assigned regular permittee actually moves a vessel into the berth. Therefore the department may allocate the berth to another person, pursuant to section 13-231-5 for interim use, until the allocation and assignment procedures have been completed and the newly-assigned regular permittee is prepared to move a vessel into the berth, or for a nonrenewable period not to exceed thirty days, whichever period is shorter.

(b) Interim use of a berth by a temporary permittee pursuant to this section 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 permittee's temporary mooring permit or upon lapse of forty-eight hours of notice in writing to vacate the berth prior to movement of the newly-assigned regular permittee's vessel into the berth, whichever occurs first, the temporary permittee shall immediately remove the temporary permittee's vessel from the berth and the small boat harbor if not already removed from the berth and 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 receipt of a forty-eight hours notice to vacate, in order to accommodate the regular permittee's vessel, shall subject the temporary permittee to liability for any damages incurred by the regular permittee resulting from the temporary permittee's failure to vacate, and to a fine and other penalties pursuant to Sections 200-14 and 200-14.5, 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. § 13-231-24

[Eff 2/24/94; am and comp SEP 25 2014] (Auth: §§ 200-2, 200-4, 200-10) (Imp: HRS §§ 200-2, 2004, §§ 200-9, 200-10)