Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 2 - SMALL CRAFT AND SMALLER COMMERCIAL VESSELS › Section 19-42-23 - Conditions for use of harbor property and facilities

Current through June, 2024
Before any property or facility at a state commercial
					 harbor is utilized by any vessel, its owner shall execute a use permit
					 appropriately conforming to the description provided below, obtain the approval
					 of the department which shall be evidenced by an indorsement on the use permit
					 to that effect, and follow such other procedures and requirements as may be
					 established by the department to facilitate effective management of the
					 permits; provided, that the department may waive the requirements of this
					 section in the case of trivial and infrequent uses of state property or
					 facilities, or as the circumstances may warrant. A use permit may contain the
					 following terms, covenants, and conditions:
(1) The owner's certification of all
				  information contained in the application and submitted as being true;
(2) The owner's covenant to abide by the
				  current tariff and the incorporation by reference of the rules into the
				  agreement;
(3) The owner's
				  authorization for the State to assign and reassign berths and spaces for the
				  owner's vessel;
(4) A provision
				  stating that all persons signing the agreement shall be jointly and severally
				  liable for the full performance of all terms, covenants, and conditions
				  thereof;
(5) The owner's
				  authorization to the State to board the owner's vessel to effect reasonable
				  inspection and audit the owner's records;
(6) The owner's covenant to pay all
				  applicable fees and charges, and the owner's authorization of the State to
				  assess collection and service charges for the delinquent payment
				  thereof;
(7) The owner's covenant
				  to indemnify the State and its officers and employees for damages and injuries
				  arising out of the owner's exercise of privileges granted by the use
				  permit;
(8) A provision that the
				  term of the use permit shall terminate upon expiration of the stated period,
				  thereby requiring a renewal of the permit to continue to use the harbor and its
				  facilities;
(9) A provision that
				  the use permit with its attendant privileges is revocable and the owner's
				  covenant to pay, upon the owner's failure to promptly remove the owner's vessel
				  from the harbor upon revocation, cancellation, or termination of the mooring
				  permit, a reasonable sum to be established between the parties and to be made a
				  part of the agreement, as liquidated damages;
(10) The owner's authorization to the State
				  to reasonably effect the removal of the owner's vessel;
(11) The owner's covenant to pay all costs
				  and attorney's fees, including cost of collection of delinquent fees and
				  charges in the event the State is forced to institute a suit against the owner
				  and is successful in such a suit;
(12) A provision stating that, except as
				  provided, neither the agreement nor the privileges attendant thereto are
				  assignable or in any way transferable, in whole or in part;
(13) An open provision to enable the State
				  and the owner to negotiate additional terms, covenants and conditions as may be
				  proper under the particular circumstances, including but not limited to
				  provisions requiring sufficient comprehensive liability insurance coverage, and
				  performance and compliance bonds in such amounts as may be warranted under the
				  circumstances; and
(14) A provision
				  that in the event charges that accrue in favor of the department are not paid,
				  the department may, after reasonable notice, take possession of the vessel, its
				  tackle, apparel, fixtures, equipment, and furnishings, and may retain
				  possession until all charges then owing and any charges which shall thereafter
				  accrue are fully paid and the remedy thus provided is in addition to and not in
				  lieu of any other remedies provided by law or otherwise.