A use permit shall be issued only
if:
(1)
Proper application has been submitted;
(2)
An adequate berthing facility
is available, and, in the case of a commercial or miscellaneous permit, the
necessary state property or facility becomes available;
(3)
The applicant is eligible for
assignment under these rules;
(4)
The boat owner executes the
use permit;
(5)
The vessel is properly documented, registered or certificated with
the appropriate federal or state agencies concerned;
(6)
The vessel is seaworthy and
in the case of commercial fishing vessels the vessel shall have a Coast Guard
Commercial Fishing Vessel Safety Decal issued by the U. S. Coast Guard in
accordance with federal regulations, 46 CFR Part 28 ; and
(7)
There exists a comprehensive
general liability insurance policy or policies, or a certificate of insurance
in lieu thereof, evidencing that such policy has been issued and is in force,
with a combined single limit of not less than $100,000 for commercial vessels
not authorized to carry passengers and for those authorized to carry not more
than six passengers; not less than $300,000 for vessels authorized to carry
more than six passengers, but less than twenty-six passengers; and not less
than $500,000 for vessels authorized to carry more than twenty-five passengers
for bodily injury and damage to property per occurrence. The specification of
limits contained herein shall not be construed in any way to be a limitation on
the liability of the permittee for any injury or damage proximately caused by
it.
(8)
In
lieu of a comprehensive general liability insurance policy or policies, a
vessel owner may have P & I (protection and indemnity) insurance as defined
in section
431:1-207(2),
Hawaii Revised Statutes, for the vessel excluding coverage for illness and/or
injuries to crew and coverage for pollution clean-up.
(9)
If a commercial fishing
vessel owner cannot individually or collectively obtain at least the requisite
general liability or P & I insurance for the vessel but meets the federal
requirements for commercial fishing industry vessels as mandated by the
Commercial Fishing Industry Vessel Safety Act (CFIVSA) of 1988, presents proof
of meeting such code requirements from the Coast Guard, and upon presentation
of satisfactory proof such as a licensed surveyor's certificate of condition
survey that a commercial fishing vessel is uninsurable and that the public will
not be exposed to unreasonable personal injury or damage, the vessel shall be
charged 2 times the daily mooring charge or 2 times the monthly mooring charge,
whichever is appropriate, but said vessel shall have a lower priority and may
lose its berth to a fishing vessel requiring a berth which has the requisite
insurance. A vessel charged 2 times the monthly mooring charge shall have
priority over a vessel charged 2 times the daily mooring rate in the temporary
assignment of any berths available for fishing vessels without the requisite
insurance. Vessels paying 2 times the daily mooring rate will be accomodated
whenever suitable space is available, if available. The applicable parts of the
Commercial Fishing Industry Vessel Safety Act include the
following:
_________46
USC
5101,
46 USC
8103,
46 USC
8104,
_________46
USC
8304,
46 USC
8701,
46 USC
10601,
_________46
USC
11101, 33 CFR 26, 33 CFR
26.03,
_________33
CFR
81,
33 CFR
88.05, 33 CFR Part 95,
_________33
CFR
130, 33 CFR 151, 33 CFR
155 ,
_________33
CFR
156, 33 CFR Part 159, 33 CFR
173 ,
_________46
CFR
Part 4,
46 CFR Part
16, 46 CFR 25,
_________46
CFR
25.26, 46 CFR 25.30, 46 CFR
26 ,
_________46
CFR
Part 28 Subpart D, 46 CFR Part
28
_________Subpart E, 46 CFR 28.080, 46 CFR
28.090 ,
_________46
CFR
28.105,
46 CFR
28.110,
46 CFR
28.115,
_________46
CFR
28.120,
46 CFR
28.125,
46 CFR
28.130,
_________46
CFR
28.135,
46
CFR 28.140,
46 CFR
28.145,
_________46
CFR
28.150,
46 CFR
28.155,
46 CFR
28.160,
_________46
CFR
28.165,
46 CFR
28.205,
46 CFR
28.210,
_________46
CFR
28.215,
46 CFR
28.225,
46 CFR
28.230,
_________46
CFR
28.235,
46 CFR
28.240,
46 CFR
28.245,
_________46
CFR
28.250,
46 CFR
28.255,
46 CFR
28.260,
_________46
CFR
28.265,
46 CFR
28.270,
46 CFR
28.375,
_________46
CFR
67-69, 46 CFR 105, and 47 CFR
80 .
(b)
The
insurance shall:
(1)
Be issued by an insurance company or surety company authorized to
do business in the State of Hawaii;
(2)
Name the State of Hawaii as
an additional insured:
(3)
Provide that the department
shall be notified at least thirty days prior to any termination, cancellation,
or material change in its insurance coverage;
(4)
Cover all injuries, losses,
or damages arising from, growing out of, or caused by any acts or omissions of
the permittee, its officers, agents, employees, invitees, or licensees, in
connection with the permittee's use or occupancy of the premises;
and
(5)
Be
maintained and kept in effect at the permittee's own expense throughout the
life of the permit.
The permittee shall submit evidence to the
department of renewals or other actions to indicate that the insurance policy
remains in effect as prescribed in this section.
