Haw. Code R. § 19-42-40 - Priority and procedures in allocation of berths
(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 within the same harbor;
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. This provision for movement also shall apply to
charter and cruise boats presently not moored parallel to Ala Moana Boulevard
at Kewalo Basin in accordance with the priority expressed in section
19-42-21.
(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 Kewalo Basin and Kewalo Basin Annex, in addition to the other
priorities expressed in these rules, the department 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 insure 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 in some harbors, 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 harbor master'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,
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 department for a decision after its
review has been completed. Should the department 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 department 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 department 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 State if it is determined
that the vessel does meet minimum requirements. "Approved marine surveyor" as
used in this section means an employee of the department or other person who
has been designated or approved by the 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.
Notes
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