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 19-42-40 - 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 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 or the move to the vacant
				  berth would promote greater, safer, more convenient and more efficient
				  utilization of the facilities. This provision for movement also shall apply to
				  charter and cruise boats presently not moored parallel to Ala Moana Boulevard
				  at Kewalo Basin in accordance with the priority expressed in section
				  19-42-21.
(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 Kewalo Basin and Kewalo Basin Annex, in addition to the other
				  priorities expressed in these rules, the department 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 insure 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 in some harbors, 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 harbor master'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,
				  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 department for a decision after its
				  review has been completed. Should the department 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 department 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 department 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 State if it is determined
				  that the vessel does meet minimum requirements. "Approved marine surveyor" as
				  used in this section means an employee of the department or other person who
				  has been designated or approved by the 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.