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 19-42-37 - Issuance of use permit

Current through June, 2024
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.