(a) An
unassigned berth (a berth that is not assigned to a permittee by a regular
mooring permit) shall first be offered to the senior applicant holding a
regular mooring permit authorizing the applicant to moor in the harbor who has
applied for movement to another berth; provided that the vacant berth is of the
same characteristics, category or type as the berth currently allocated to the
applicant or the move to the vacant berth would promote greater, safer, more
convenient and more efficient utilization of the facilities.
(b) Except as provided in subsection (a), an
unassigned berth shall be promptly offered to the senior applicant for a
regular mooring permit subject to the limitations contained in these rules. If
the senior applicant's vessel is not suitable for the available berth, the
berth shall then be promptly offered to the next senior qualified applicant
whose vessel is suitable for the berth.
(c) In addition to the other priorities
expressed in these rules, the HCDA shall also employ a "Best Usage" priority
which is a matching of the size of the vessel to the size of the available
berth. Usually the length of the vessel shall be the prime consideration,
however, the beam and other dimensions also may be considered. "Best Usage"
usually shall be determined by the following table:
PRIORITY FOR ASSIGNMENT
|
Vessel
|
Pier Length in Feet
|
|
Length in Feet
|
40'
|
45'
|
50'
|
60'
|
70'
|
85'
|
90'
|
100'
|
|
From
|
But Less Than
|
.
|
.
|
.
|
.
|
.
|
.
|
.
|
.
|
|
0
|
25
|
3
|
4
|
5
|
--
|
--
|
--
|
--
|
--
|
|
25
|
35
|
2
|
3
|
4
|
5
|
--
|
--
|
--
|
--
|
|
35
|
45
|
1
|
2
|
3
|
4
|
5
|
--
|
--
|
--
|
|
45
|
55
|
.
|
1
|
1
|
3
|
4
|
5
|
--
|
--
|
|
55
|
65
|
.
|
.
|
2
|
1
|
3
|
4
|
5
|
5
|
|
65
|
75
|
.
|
.
|
--
|
2
|
1
|
3
|
4
|
4
|
|
75
|
85
|
.
|
.
|
--
|
--
|
2
|
2
|
3
|
3
|
|
85
|
95
|
.
|
.
|
--
|
--
|
--
|
1
|
1
|
2
|
|
95
|
.
|
.
|
.
|
--
|
--
|
--
|
--
|
2
|
1
|
To ensure that the assignment of moorings is oriented to
those who have been waiting the longest, assignment may be made to an adjacent
category of berth, if the applicant is senior to the applicant at the top of
the adjacent list, and the vessel length is within five feet of the limits set
for that category.
(d)
Since commercial fishing vessels may have a priority on the assignment of
berths, an inspection of the vessel in question shall be made to review the
validity of the vessel's claim to being a commercial fishing vessel before a
berth is awarded. This inspection shall be made by a team consisting of the
harbor agent and a representative from the harbormaster's office. The team
shall assess a vessel's claim to being a commercial fishing vessel based on
such items as: crew, design of vessel, fishing equipment on board, prior record
of owner, vessel insurance, and excise license and vessel documentation. The
burden shall be on the boat owner to demonstrate that the vessel is a
commercial fishing boat. The team shall forward its assessment of a vessel to
the HCDA for a decision after its review has been completed. Should the HCDA
decide that the vessel is not a bona fide commercial fishing boat, the offer of
a berth shall be withdrawn. The owner of the vessel can refute this decision by
engaging at the owner's own expense an approved marine surveyor who will
certify to the HCDA that the owner's vessel is outfitted for and capable of
being used as a commercial fishing boat. In the case of such a contest, the
HCDA and the boat owner's surveyor will consult and jointly select a second
approved marine surveyor to inspect the vessel. The opinion of this second
surveyor will be considered final. The costs of the second surveyor shall be
borne by the vessel owner if it is determined that the vessel does not meet the
minimum requirements to moor in a berth designated for a commercial fishing
boat in accordance with these rules, provided that such costs shall be borne by
the HCDA if it is determined that the vessel does meet minimum requirements.
"Approved marine surveyor" as used in this section means an employee of the
HCDA or other person who has been designated or approved by the executive
director to inspect a vessel for an owner seeking a permit to moor the owner's
vessel in a berth designated for a commercial fishing boat.
