Haw. Code R. § 13-231-80 - General
(a) This subchapter shall govern the
allocation of berths as they become available in small boat harbors.
(b) It is the policy of the department to
promptly assign an available berth on a first-come, first-served basis to the
first qualified applicant, determined in accordance with the provisions of this
subchapter, for the type of mooring requested provided that the proposed use by
the vessel affords maximum, safe, convenient, and efficient utilization of
facilities and provided that assignment is not contrary to public interests, or
otherwise unlawful or contrary to these rules.
(c) Since each berth and each vessel presents
unique ship handling and other peculiar berthing problems in relation to the
small boat harbor, the department reserves the right to utilize its fair and
impartial judgment, flexibility, and discretionary authority to allocate berths
based upon its knowledge of available facilities, prevailing small boat harbor
conditions, safe boating practices, effective harbor management procedures, and
other factors which must be thoroughly considered prior Lo acceptance of an
application and allocating a berth to a vessel. The many factors that the
department may take into consideration in accepting an application and
allocating a berth include, but are not limited to, the applicant's vessel
length, draft, beam, method of propulsion; the proposed vessel use and any
other special or unique vessel handling problems in relation to the size of the
available berth; berth location, water depth, prevailing winds and currents,
and other pertinent factors relative to the available berth.
(d) If berths of varying lengths are
available for assignment in a small boat harbor then no regular " mooring
permit shall be issued which allocates a berth to a vessel, if the length of
the berth to be assigned exceeds the vessel length overall by more than five
feet; provided, however this provision does not apply:
(1) When more than one vessel is assigned to
and occupies a single berth end to end; or
(2) In a small boat harbor with established
categories of berths which may be assigned to designated classes of vessels,
pursuant to section 13-231-86.
(e) A vessel with a length overall which
exceeds the catwalk or pier length may be nonetheless allocated an available
berth if the vessel may be safely moored in the berth and provided that the
vessel, while moored in the berth, does not obstruct or hamper safe and
convenient navigation within the small boat harbor.
(f) The department may establish categories
of berths available to corresponding classes of vessels in a small boat harbor
for allocation to applicants and shall place applicants in the most appropriate
vessel classification to assure that vessels are allocated to suitable berths
in order to promote the maximum, safe, convenient, and efficient utilization of
facilities. Categories of berths and corresponding classes of vessels have been
established in the small boat harbors enumerated in section 13-231-86.
Notes
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