Any agent, charterer, master, operator, or owner who
proposes to enter a vessel, other than a small craft, within the jurisdiction
of a state port and utilize any of the facilities of the department shall
deposit in cash or other legal tender, funds in an amount as determined by the
cognizant district manager as being sufficient to guarantee the payment of any
and all bills for normal charges incurred by, for, or on behalf of such vessel
or its cargo for a period of ninety days. This deposit will not be required for
those agents, charterers, masters, operators, or owners who are placed on the
harbors division approved credit list following submission of a written
application in which they agree to:
(1) Ensure payment of any and all bills for
normal charges incurred by, for, or on behalf of such vessel or its cargo (for
agents, only during the period while so engaged as the vessel's
agent);
(2) Provide a bond or
irrevocable letter of credit from a bank doing business in Hawaii equivalent to
the amount of expected charges to be incurred within a ninety-day period. This
requirement is waived for those who have maintained a satisfactory payment
record with the State for the immediate preceding two-year period;
and
(3) Pay interest at the rate of
one percent per month and a delinquent account service charge on payments which
are delinquent in accordance with section
19-44-6. In this regard the following
is applicable:
(A) Any invoice unpaid for a
period of thirty calendar days from the date of invoice is
delinquent.
(B) Wharfage is
delinquent forty-five days after date of completion of handling cargo over
state wharves for the particular voyage.
(C) Wharfage reports which are submitted on a
monthly basis, in accordance with section
19-44-61(c), are delinquent fifteen
days after the last day of the month being reported.
(D) Demurrage charges collected and to be
remitted in accordance with section
19-44-84 will become delinquent thirty days
after the close of the month during which such demurrage was collected. The
department shall strike from the credit list those agents, charterers, masters
or owners who become delinquent for three successive months except in cases
where a bona fide dispute is being negotiated. Any person registered with the
department as a boat owner is held accountable for any acts of commission or
omission involving that boat owner's small craft and for the prompt payment in
full of all fees and charges due the State.
