Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-44 - 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 harbor who has
				  applied for movement to another berth; 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.
(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 addition to the other priorities
				  expressed in these rules, the HCDA 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 ensure 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, 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 harbormaster'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, and 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 HCDA for a decision after its review has been completed. Should the HCDA
				  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 HCDA 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
				  HCDA 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 HCDA if it is determined that the vessel does meet minimum requirements.
				  "Approved marine surveyor" as used in this section means an employee of the
				  HCDA or other person who has been designated or approved by the executive
				  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.