Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Section 13-231-85 - Priority and procedures in allocation of berths

Current through June, 2024
(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 small boat
					 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 and assignment of the
					 applicant's vessel to the vacant berth would not be contrary to public interest
					 or otherwise unlawful or contrary to these rules.
(b) Except as provided in subsection (a) and
					 except where allocation shall be made pursuant to section 13-231-86 in small
					 boat harbors with established categories of berths, an unassigned berth shall
					 be promptly offered to the senior applicant for a regular mooring permit
					 subject to the limitations contained in these rules promoting maximum, safe,
					 convenient, and efficient utilization of facilities. Therefore, when the
					 department receives a notice of cancellation of a regular mooring permit
					 pursuant to section 13-231-9; a regular mooring permit expires, becomes void or
					 is cancelled; or an assigned berth is vacated, other than temporarily for any
					 reason, the department shall commence the process of allocating the berth to
					 the senior applicant for a regular mooring permit as expeditiously as possible
					 as provided herein or in section 13-231-86.
(c) If assignment of the senior applicant's
					 vessel to the available berth would not afford maximum, safe, convenient, and
					 efficient utilization of the facility as determined in accordance with the
					 factors enumerated in section 13-231-80 or is contrary to public interest or is
					 otherwise unlawful or contrary to these rules, the berth shall then be promptly
					 offered to the next senior qualified applicant whose vessel is suitable for the
					 berth.
(d) An assigned berth,
					 temporarily vacant while the regular permittee's vessel assigned thereto is
					 temporarily absent from the berth, or an unassigned berth that is temporarily
					 vacant pending allocation to and occupancy by a regular permittee shall be
					 temporarily allocated to applicants as follows subject to sections 13-231-23
					 and 13-231-24 and the suitability of the vessel for the berth as determined by
					 evaluation of the factors enumerated in this subchapter in order to promote the
					 maximum safe, convenient, and efficient utilization of the small boat harbor
					 facilities.
(1) A nonrenewable temporary
					 mooring permit authorizing interim use of a temporarily vacant berth for a
					 period not to exceed the anticipated period of temporary vacancy or in any
					 event not to exceed thirty days, whichever period is shorter, shall be offered
					 to the senior applicant for a temporary mooring permit for the berth available
					 pursuant to subsection (2) if suitable for the applicant's vessel in accordance
					 with the factors enumerated in this subchapter, to promote maximum, safe,
					 convenient, and efficient utilization of the facility. If the senior applicant
					 for a temporary mooring permit declines the offer of interim use of the berth,
					 the applicant's application for a temporary mooring permit shall be void and
					 the berth shall be offered to the next senior applicant for a temporary mooring
					 permit.
(2) Priorities for
					 allocation of temporarily vacant berths for interim use as they become
					 available shall be as prescribed herein:
(A)
					 First priority. The senior applicant to moor a transient vessel who applied in
					 advance in writing for interim use of a temporarily vacant berth to begin at a
					 specified time and whose application was received and accepted by the
					 department shall have priority for use of the berth over other applicants for
					 temporary moorings enumerated in this subsection; provided that a transient
					 vessel shall be allocated to a berth that has been set aside and designated by
					 the department for use by transient vessels only unless the transient berths
					 available for allocation at that time are not suitable for the vessel, or no
					 such transient berths have been set aside in that harbor.
(B) Second priority. If none of the vessels
					 owned by the applicants, enumerated in paragraph (2)(A) are suitable for
					 allocation to a temporarily vacant berth available for use, or if the eligible
					 applicants decline an offer by the department to utilize a suitable berth, the
					 senior applicant who applied in advance in writing to moor a vessel, other than
					 a transient vessel, for an interim period whose application was received and
					 accepted by the department shall have priority for use of the berth over other
					 applicant's enumerated in subparagraph (C).
(C) Third priority. If none of the vessels
					 owned by the applicants awaiting a berth, enumerated in subparagraphs (A) and
					 (B), are suitable for allocation to a temporarily vacant berth, or the eligible
					 applicants decline an offer by the department to utilize the berth, the berth
					 shall be offered on a first-come, first-served basis.