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 13-231-88 - Offer of regular mooring permit valid only fourteen days; written notice of intention; acceptance

Current through June, 2024
(a) An applicant
					 for a regular mooring permit may decline an offer to the applicant of a regular
					 mooring permit and retain the applicant's seniority if the applicant declines
					 the offer in writing addressed to and received by the department, not later
					 than fourteen days after the date of receipt of the offer. An applicant who
					 declines an offer in writing and retains the applicant's seniority pursuant to
					 this section, shall not be considered for a second offer on the basis of the
					 applicant's seniority until six months have elapsed since the date of the
					 applicant's first refusal. If the applicant decides to accept the offer, the
					 applicant shall either deliver a written notice of intention to accept the
					 offer to the department within fourteen days after the date of receipt of the
					 offer or accept the offer by securing a use permit, complying with the
					 requirements of section
					 200-9
					 and moving the applicant's vessel into the assigned berth or assigned mooring
					 area, as applicable, within fourteen days after the receipt of the offer. The
					 applicant's application for a use permit and the offer by the department of a
					 use permit shall be void if the applicant fails to either move the applicant's
					 vessel into the berth or mooring area, as applicable, or to give notice of
					 intent to accept or to decline the offer in writing within fourteen days after
					 the date of receipt of the offer, and the use permit shall then be offered to
					 the next senior applicant for berth or mooring area, as applicable, pursuant to
					 this subchapter. An applicant's application for a regular mooring permit shall
					 also be void if the applicant fails to accept a second offer of a regular
					 mooring permit to use a berth, or mooring area, as applicable, and the permit
					 shall then be offered Lo the next senior applicant for berth or mooring area,
					 as applicable. Since Lime is of the essence, the offer delivered or mailed
					 pursuant to section 13-231-87 shall contain a statement that the offer will
					 lapse unless accepted in accordance with the procedures of this section. For
					 the purposes of this subsection an applicant who doc Lines a berth offered to
					 the applicant as provided herein after presenting conclusive evidence to the
					 department that for reasons of safety or navigation the berth offered to the
					 applicant is unsuitable for the applicant's vessel shall not be classified as
					 "an applicant who has declined the offer of a berth".
(b) An applicant who has delivered a written
					 notice of intention to accept the offer to the department shall accept the
					 offer by:
(1) Securing a use permit for use
					 of the berth or mooring area offered to the applicant as prescribed in sections
					 13-231-2 and 13-231-3 within fourteen days after the applicant mails or
					 personally delivers the notice of intention to accept to the
					 department;
(2) Otherwise complying
					 with section
					 200-9,
					 HRS, and sections 13-231-2 and 13-231-3; and
(3) Moving the applicant's vessel into the
					 assigned berth or mooring area, as applicable, within fourteen days after the
					 applicant mails or personally delivers the notice of intention to accept the
					 offer to the department. Except as provided in subsection (c) the applicant's
					 application for a use permit, the offer by the State of a use permit and the
					 applicant's notice of intention to accept the offer shall be void if the
					 applicant fails to secure a use permit and to move the applicant's vessel into
					 the applicant's assigned berth or mooring area, as applicable, within fourteen
					 days as prescribed herein, and the use permit shall then be offered to the next
					 senior applicant in accordance with these rules.