reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF › Section 15-211-7 - Liability

Current through June, 2024
Agencies, masters, owners, operators, or charterers loading
				  or unloading at Kewalo Basin shall indemnify, defend, and save harmless the
				  HCDA, its members, and employees from and against all losses, claims, demands,
				  and suits for damages, including death and personal injury, and including court
				  costs and attorneys' fees, incident to or resulting from their operations on
				  the property of the HCDA and the use of its facilities except where the HCDA
				  has been proven to be solely and legally negligent.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF › Section 15-211-8 - Standards

Current through June, 2024
Every vessel and all other personal property and facilities
				  at Kewalo Basin shall be kept in such condition of repair, maintenance,
				  neatness, and orderliness so as not to constitute a common nuisance,
				  substantial danger to person or property, or obstruction to proper public
				  use.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF › Section 15-211-9 - Storage

Current through June, 2024
No person shall store supplies, material, or equipment on
				  catwalks, piers, sidewalks, parking areas, or any other public area at Kewalo
				  Basin, except:
(1) In areas set aside
				by the HCDA for storage purposes; or
(2) Upon prior consent by the HCDA.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF › Section 15-211-10 - Special areas

Current through June, 2024
The HCDA may designate areas to be used only for specific
				  purposes or operations, which shall be designated by appropriate
				  signs.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF › Section 15-211-12 - Enforcement and penalties

Current through June, 2024
These rules have the full force and effect of law pursuant
				  to section
				  206E-4, Hawaii
				  Revised Statutes. The violation of these rules shall be subject to penalties of
				  not more than $10,000, and pursuant to section
				  206E-22,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF › Section 15-211-13 - Severability

Current through June, 2024
The provisions of the rules in this chapter
				  211 and chapters 212, 213 and 214 are
				  declared to be severable and if any portion or the application thereof to any
				  person or property is held invalid for any reason, the validity of the
				  remainder of the rules or application of the remainder to other persons shall
				  not be affected.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF › Section 15-211-14 - Annual report

Current through June, 2024
Within 75 days of the fiscal year end, the executive
				  director shall provide an unaudited annual report of the income, expenses and
				  capital costs for the operations of Kewalo Basin to the HCDA authority at a
				  public meeting and post them on its website.
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 1 - GENERAL PROVISIONS › Section 15-212-1 - Harbormaster; general authority

Current through June, 2024
(a) A master or
				  person in charge of any vessel shall obey and carry into effect any orders
				  given by the harbormaster relative to the method and manner of bringing vessels
				  to anchorage, entering or leaving Kewalo Basin, or coming alongside of or
				  leaving any wharf within Kewalo Basin, or anchorage without permission of the
				  harbormaster.
(b) The berthing of
				  vessels at Kewalo Basin shall be in conformity with this part and where not
				  covered by this part at the discretion of the harbormaster in a reasonable
				  manner such as to protect the public interest.
(c) The master of every vessel and crew
				  thereof, when requested by the harbormaster shall give and afford the
				  harbormaster all possible aid in the performance of any of the harbormaster's
				  duties in relation to such vessel.
(d) If there is no person aboard a vessel
				  with proper authority or if there is an insufficient number of persons aboard
				  such vessel or if the master and crew of a vessel refuse to aid the
				  harbormaster in moving, pumping, mooring, or unmooring of such vessel when so
				  directed by the harbormaster, the harbormaster may pump, moor or unmoor, place,
				  or remove such vessel and may, if necessary, hire such assistance, equipment,
				  and tackle and purchase and put aboard such quantity of ballast as seems
				  requisite, all at the expense of the master, operators, charterers, owners, or
				  agents of such vessel. All such costs shall be paid to the HCDA before
				  permission for departure is given. The HCDA shall in no way be liable for any
				  damage or loss occurring to any vessel in consequence of such proceedings
				  except where the HCDA has been proven to be legally negligent.
(e) No person without the consent of the
				  harbormaster shall cut or cast off any mooring lines, rope, or tackle made fast
				  or attached to any vessel, wharf, mooring, buoy, or other place when the same
				  has been fastened or attached by the harbormaster or by the harbormaster's
				  order.
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 1 - GENERAL PROVISIONS › Section 15-212-2 - Trying engine of vessels

Current through June, 2024
The engines of any vessel lying at any wharf in Kewalo
					 Basin shall not be tried except by permission of the harbormaster. The speed of
					 engines being tried shall not exceed the speed of such engines when operated
					 under a dead slow bell. Any vessel trying its engines shall be held responsible
					 for any damage to wharves or vessels as the result of the trying of its
					 engines.
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 1 - GENERAL PROVISIONS › Section 15-212-3 - Mooring lines from vessels

Current through June, 2024
No person shall make fast any rope or mooring lines from
					 any vessel, other than a small craft, to any wharf or part thereof except to
					 the mooring piles, bitts or cleats provided for that purpose.
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 1 - GENERAL PROVISIONS › Section 15-212-4 - Display light after sunset and gangway requirements for certain vessels

Current through June, 2024
All vessels over three hundred gross registered tons lying
					 alongside a wharf shall display a light visible from the harbor or fairway
					 during the period between sunset and sunrise. All vessels over three hundred
					 gross registered tons, other than barges, shall have a safe and proper gangway
					 to the wharf when lying alongside a wharf.
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 1 - GENERAL PROVISIONS › Section 15-212-5 - Vessel arrival and departure schedules

Current through June, 2024
Except for regular mooring and commercial permits, the
					 master agent or owners of a vessel, other than small craft, arriving at or
					 departing from Kewalo Basin shall provide to the harbormaster as soon as
					 practicable all information necessary to effectively plan for vessel arrival
					 and departure scheduling purposes. The information shall include, but not be
					 limited to the hour of expected arrival and also that of expected departure, as
					 well as the type and tonnage of cargo to be loaded and off-loaded. In case of a
					 change in arrival or departure time, the harbormaster shall be notified
					 immediately.
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 1 - GENERAL PROVISIONS › Section 15-212-6 - Removal of vessel, raft, log or floating object causing damage to wharf

Current through June, 2024
No person shall cause or permit any vessel, raft, log, or
					 other floating object to come alongside of or to be moored to or near any wharf
					 in any manner that may cause damage to such wharf or to interfere with the use
					 of such wharf by others rightfully entitled to its use. Where circumstances
					 permit, the harbormaster, if able to ascertain the owner of the vessel, raft,
					 log, or other floating object, shall demand the removal of same by the owner.
					 Where circumstances require immediate removal of the vessel, raft, log, or
					 other floating object, the harbormaster may remove such offending items to some
					 suitable place. Inquiries concerning the removal of any such offending items
					 above mentioned shall be directed to the harbormaster. Where the removal
					 involves a vessel falling under the provisions of chapter
					 200, Hawaii Revised Statutes,
					 disposition of such vessel shall be made pursuant to chapter
					 200, Hawaii Revised Statutes. In all
					 other cases and when in the opinion of the harbormaster, the offending items
					 have no value, they may be destroyed or disposed of in any manner. The HCDA
					 shall not be responsible for loss or damage to the items removed under this
					 section.
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 1 - GENERAL PROVISIONS › Section 15-212-7 - Deposit required to guarantee payment for charges incurred by vessels

Current through June, 2024
Any agent, charterer, master, operator, or owner who
					 proposes to enter a vessel, other than a small craft, within Kewalo Basin and
					 utilize any of the facilities of the HCDA shall deposit in cash or other legal
					 tender, funds in an amount as determined by the HCDA as being sufficient to
					 guarantee the payment of any and all bills for normal charges incurred by, for,
					 or on behalf of such vessel or its cargo for a period of ninety days. This
					 deposit will not be required for those agents, charterers, masters, operators,
					 or owners who are placed on the HCDA approved credit list following submission
					 of a written application in which they agree to:
(1) Ensure payment of any and all bills for
				  normal charges incurred by, for, or on behalf of such vessel or its cargo (for
				  agents, only during the period while so engaged as the vessel's
				  agent);
(2) Provide a bond or
				  irrevocable letter of credit from a bank doing business in Hawaii equivalent to
				  the amount of expected charges to be incurred within a ninety-day period. This
				  requirement is waived for those who have maintained a satisfactory payment
				  record with the State for the immediate preceding two-year period;
				  and
(3) Pay interest at the rate of
				  one per cent per month and a delinquent account service charge on payments
				  which are delinquent in accordance with section 15-214-5 and pursuant to
				  section
				  206E-22,
				  Hawaii Revised Statutes. In this regard the following is applicable:
(A) Any invoice unpaid for a period of ten
				  calendar days from the date of invoice is delinquent; or
(B) Reports which are submitted on a monthly
				  basis to HCDA or its assigns, not later than thirty days after due
				  date.
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 1 - GENERAL PROVISIONS › Section 15-212-8 - Performance bond required of idle vessel

Current through June, 2024
Before being allowed entry into Kewalo Basin an owner of
					 an idle vessel, not actively engaged in commerce, shall post a performance bond
					 issued by a firm doing business in Hawaii guaranteeing the vessel's removal
					 from the harbor by a specified date. This bond shall be for an amount equal to
					 ten per cent of either the value of the vessel and its cargo as appraised by a
					 competent marine surveyor or the estimated costs to be incurred to remove and
					 dispose of the vessel, whichever is greater. The appraisals shall be obtained
					 at the expense of the owner of the vessel.
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 1 - GENERAL PROVISIONS › Section 15-212-9 - Agents for vessel; liability for fees

Current through June, 2024
Any owner, master, operator, agent, charterer,
					 partnership, trust, corporation, or individual who is duly accredited with the
					 HCDA and purports to act for a vessel by telephoning or otherwise communicating
					 with the HCDA on behalf of a vessel assumes responsibility for all sums due the
					 State in accordance with the fee schedules as set forth in these rules and for
					 timely submission of required HCDA reports on forms provided by the HCDA for
					 that vessel and its cargo as well as for any barge and its cargo which the
					 vessel may have in tow. For agents, this applies only for the period they are
					 engaged as agents for the vessel. If an agent is dismissed from representing a
					 vessel, the agent shall notify the harbormaster's office within two working
					 days. Agent shall remain responsible for the provisions of this section until
					 such notice is given and acknowledged. Whenever any vessel under the terms of
					 these rules shall become obligated to pay any sum of money for any purpose
					 whatsoever, the owner, charterer, agent, master, operator, possessor, and
					 person in whose service the vessel is operated or maintained shall be jointly
					 and severally liable for the payment of such sums.
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 1 - GENERAL PROVISIONS › Section 15-212-10 - Damage to state property

Current through June, 2024
The person, or persons, responsible for, and the person or
					 persons to whom a wharf, facility, or other state property may be assigned, or
					 by whom it is being used, and the master, owner, operator, or agent of any
					 vessel, vehicle, or other instrumentality involved in any damage to such state
					 properties or facilities, in excess of fair wear and tear shall promptly give a
					 full report thereof to the appropriate harbormaster, giving the date and hour
					 the damage occurred, the names and addresses, or, if unknown, a description of
					 witnesses and other persons, vessels or instrumentalities involved in the
					 damage, as well as all other pertinent facts and information that may be
					 available. Refusal, neglect, or failure to make or give any damage report shall
					 subject a person to applicable penalties under these rules, including section
					 15-214-6. The State may also
					 refuse the use of any wharf or facility until the report has been
					 received.
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 1 - GENERAL PROVISIONS › Section 15-212-11 - Responsibility for repair of damage to state property

Current through June, 2024
Any person responsible for damage to state property shall
					 make repairs in accordance with state specifications. Failure to do so shall
					 result in the State effecting the repairs at the expense of the responsible
					 party or parties.
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 1 - GENERAL PROVISIONS › Section 15-212-12 - Inspection of vessels

Current through June, 2024
The executive director and such other persons as the
					 executive director may designate may enter upon and inspect any vessel using
					 state facilities or upon any premises rented or permitted from the HCDA for the
					 purposes of either ascertaining the kind and quantity of cargo thereupon or to
					 ensure the safety, welfare, and health of the general public.
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 1 - GENERAL PROVISIONS › Section 15-212-13 - Compliance with federal, state, and county laws, ordinances, and rules

Current through June, 2024
Use of Kewalo Basin and harbor facilities is subject to
					 compliance with all applicable federal, state, or county laws, ordinances,
					 rules, and regulations. Particular attention is directed to:
(1) Rules of the United States Public Health
				  Service and of the state department of health, relating to the use of rat
				  guards, and other measures required to prevent rodents from leaving the
				  vessel;
(2) Rules of the state
				  department of health pertaining to air and water pollution; and
(3) Rules of the fire department.
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 1 - GENERAL PROVISIONS › Section 15-212-14 - Citation for violation

Current through June, 2024
Citations issued pursuant to section
					 206E-22,
					 Hawaii Revised Statutes, to a commercial firm for violation of this part may be
					 issued to any agent, officer, or manager of the firm.
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 1 - GENERAL PROVISIONS › Section 15-212-15 - Suspension of loading or unloading operation

Current through June, 2024
Suspension of any loading or unloading operation may be
					 ordered when in the opinion of the harbormaster, harbor manager, or harbor
					 agent, such suspension is necessary to ensure the safety, health and welfare of
					 the public.
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 1 - GENERAL PROVISIONS › Section 15-212-16 - Requirement for a local, 24-hour point of contact

Current through June, 2024
Vessel booking agents must ensure the availability of an
					 individual designated as the 24-hour point of contact representative in
					 writing, should the need arise to make and implement operational decisions on
					 short notice. This local representative must be present on Oahu and must have
					 the authority to speak for and act on behalf of the owner, charterer, or
					 operator of the vessel.
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 15-212-25 - Priorities for berths and moorings

Current through June, 2024
The HCDA shall allocate small craft berths and moorings in
					 Kewalo Basin in order to promote the maximum safe, convenient, and efficient
					 utilization of the facilities, in the following priorities:
(1) Charter or cruise boats have priority in
				  the assignment of berths along the front paralleling Ala Moana Boulevard and
				  all berths at Pier A; and
(2)
				  Priority in the assignment of all other berths shall be as follows:
(A) Highest priority: commercial fishing
				  boats;
(B) Second priority: charter
				  or cruise boats; or
(C) Third
				  priority: pleasure craft.
If any of these berths are empty, and if there are no
					 higher priority boats on the waiting list, the next priority vessels may be
					 given a mooring in these berths; vessels with mooring permits for these berths
					 will not be displaced by higher priority boats applying for regular mooring
					 permits. Exceptions to the above priorities may be made when determined by the
					 executive director to be in the interest of public safety, health, and
					 welfare.
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 15-212-26 - Vessel moored without authorization, unlawful; removal

Current through June, 2024
It shall be unlawful to make fast to, moor, dock or anchor
					 at, or lay alongside any pier, wharf, quay, bulkhead, landing, dolphin,
					 mooring, or other moored vessel in Kewalo Basin without the specific
					 authorization of the harbormaster, harbor manager, or harbor agent who has
					 jurisdiction over the facility. Removal of any offending vessel shall be
					 accomplished in accordance with these rules.
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 15-212-28 - Assignment and reassignment of moorings

Current through June, 2024
Reassignments may also be made within Kewalo Basin if a
					 vessel's size in relationship to the size of the assigned berth does not permit
					 maximum and efficient public utilization of harbor facilities or if a
					 reassignment in any other manner permits maximum and efficient public
					 utilization of harbor facilities.
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 15-212-29 - Revocable permits; types

Current through June, 2024
Revocable permits may be issued for the following
					 respective uses:
(1) Mooring permit. A
				  revocable permit authorizing the docking, mooring, or anchoring of a vessel:
(A) Regular mooring permit. A revocable
				  permit which on the date of issuance authorizes the permittee to moor a vessel
				  for a period of one year. A regular mooring permit may be transferable, subject
				  to the assignment provisions contained in the permit, including, but not
				  limited to credit worthiness or experience of assignee and payment of any
				  permit premium to HCDA; or
(B)
				  Temporary mooring permit. A nonrenewable revocable permit which on the date of
				  issuance authorizes the permittee to moor a vessel for a period of ninety days
				  or less as specified in the permit;
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 15-212-30 - Original application for revocable permit

Current through June, 2024
Any interested person or corporation may apply for a
					 revocable permit by completing in full the application provided for that
					 purpose. In the case of a corporation, partnership, association, or other group
					 however organized, evidence of corporate organization must be submitted by
					 producing a current general excise tax license, and articles of incorporation
					 registered with, approved and issued by the department of commerce and consumer
					 affairs. Applications for revocable permits shall be valid for one year.
					 Applicants may apply for any one or more of the various types of revocable
					 permits. Separate waiting lists may be maintained for each type of permit or
					 berth. An applicant for a mooring permit must state the activity in which the
					 applicant's vessel is intended to be employed. A separate application shall be
					 made for each such use or activity and a separate waiting list will be
					 maintained for each activity. A fee for each original application in each
					 waiting list category shall be levied by the HCDA. Since berths are assigned on
					 a best usage basis the length overall of the vessel for which a permit is being
					 applied must be stated on the application. If the precise length is not known
					 at the time of application the applicant will be allowed to deviate five feet
					 from the stated length. Should the applicant desire to change the declared
					 length of the applicant's vessel as shown on the application. the applicant's
					 seniority shall be determined by the date the change is made.
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 15-212-31 - Renewal of application

Current through June, 2024
An application for a revocable permit may be renewed
					 within a ninety-day period preceding its expiration date. An application
					 renewed prior to its expiration date shall be valid for a period ending one
					 year from the expiration date of the previous application. HCDA shall endeavor
					 to mail an application renewal notice to an applicant, prior to the expiration
					 of the applicant's application, at the address the applicant has furnished to
					 the HCDA pursuant to these rules. However, the applicant is responsible for the
					 timely renewal of an application without receipt of a renewal notice from the
					 HCDA. A fee for each renewal of an application, shall be levied by the
					 HCDA.
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 15-212-32 - Applicant required to furnish address and report changes; effect of failure to report change

Current through June, 2024
An applicant shall include the applicant's address in the
					 application to the HCDA for a revocable permit. An applicant shall immediately
					 inform the HCDA in writing of any changes in the applicant's address in order
					 to maintain the validity of the applicant's application. An application shall
					 be void if the HCDA is unable to notify the applicant of a vacancy at the
					 address (1) appearing on the application or (2) furnished in writing to the
					 HCDA by the applicant as a change of address subsequent to submitting the
					 application.
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 15-212-33 - Review and acceptance or rejection of application for revocable permit

Current through June, 2024
The HCDA shall examine and determine the genuineness and
					 regularity of each application and may conduct any investigation as may be
					 deemed necessary for its examination and determination. It may require
					 additional information from the applicant as may be necessary to determine the
					 genuineness and regularity of the application. An application for a revocable
					 permit for the purpose of conducting commercial operations may be rejected for
					 any of, but not necessarily limited to, the following reasons:
(1) The corporation, partnership, association
				  or group, however organized, is not licensed by the department of commerce and
				  consumer affairs to do business in the State;
(2) The applicant cannot produce a current
				  general excise tax license;
(3) The
				  investigation of credit discloses information detrimental to the best interests
				  of the State (applicant is a poor credit risk);
(4) The applicant is delinquent in the
				  payment of any moneys due and payable to the State;
(5) The vessel described in the application
				  is not properly documented, certificated, or registered with the appropriate
				  federal or state agencies concerned;
(6) The application is for other than
				  commercial maritime purposes; or
(7) The applicant makes a deliberate
				  misstatement or willfully fails to disclose any material fact in the
				  application. The HCDA shall inform the applicant in writing, within a
				  reasonable time, of the rejection of an application and the reasons therefore.
				  The applicant's application fee shall be refunded.
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 15-212-34 - Withdrawal of application; effect if application has become void, expires, or been withdrawn

Current through June, 2024
An application may be withdrawn by an applicant upon
					 written notice to the HCDA. An applicant who withdraws an application, or whose
					 application has expired or becomes void, may submit a new application for
					 acceptance by the HCDA. An applicant's seniority begins on the date the new
					 application is accepted for consideration as provided in these rules. The
					 application fee shall not be refunded if an applicant's application is
					 withdrawn, expires, or becomes void.
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 15-212-35 - Waiting lists

Current through June, 2024
When the HCDA cannot issue a revocable permit to an
					 applicant, a waiting list of applicants shall be maintained by the HCDA or its
					 designated representatives. Waiting lists shall be kept in the order of the
					 date of acceptance of the initial, fully completed application. Timely and
					 satisfactorily renewed applications will continue their priorities from the
					 initial or adjusted date of application. Separate waiting lists shall be
					 maintained for each type of revocable permit or berth or each use or activity
					 in which the vessel is to be employed. A waiting list shall be maintained for
					 holders of regular mooring permits who wish to apply for movement to another
					 similar berth. A person desiring to moor that person's vessel where no berths
					 are available for allocation may have that person's application placed on a
					 waiting list based on the date of that person's initial fully completed
					 application. An applicant shall be allocated a berth when (1) that person
					 becomes the senior applicant on the list and (2) a berth suitable for that
					 person's vessel becomes available. The senior applicant for a regular mooring
					 permit may decline the HCDA's offer of a revocable permit one time and still
					 retain seniority, although the applicant shall not be offered another regular
					 mooring permit for six months. If the senior applicant declines the HCDA's
					 offer a second time, the applicant's application shall be considered void and
					 the applicant's name shall be removed from the waiting list. If the applicant
					 is a corporation and there is a change in officers of the corporation or if the
					 applicant is not a corporation but decides to incorporate, the effective date
					 of these changes shall determine the applicant's seniority on the waiting
					 list.
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 15-212-36 - Allocation of berths; policy

Current through June, 2024
It is the policy of the HCDA to promptly assign an
					 available berth on a first-come, first-served basis to the first qualified
					 applicant for the type of use requested; provided that the proposed use by the
					 vessel affords maximum, safe, convenient, and efficient utilization of
					 facilities and is in conformance with sections
					 15-212-25 and
					 15-212-44; and provided further
					 that such assignment is not contrary to public interest, or is not otherwise
					 unlawful or contrary to these rules. Since each berth and each vessel presents
					 unique ship handling and other peculiar berthing problems in relation to the
					 harbor, the HCDA reserves the right to utilize its fair and impartial judgment,
					 flexibility, and discretionary authority to allocate berths based upon its
					 knowledge of available facilities, prevailing harbor conditions, safe boating
					 practices, effective harbor management procedures and other factors which shall
					 be thoroughly considered prior to acceptance of an application and allocating a
					 berth to a vessel. The many factors that the HCDA may take into consideration
					 in accepting an application and in allocating a berth include, but are not
					 limited to the applicant's vessel length, draft, beam, weight, method of
					 propulsion; proposed vessel use; and any other special or unique vessel
					 handling problems in relation to the size of the available berth; berth
					 location; water depths; prevailing winds and currents and other pertinent
					 factors relative to the available berth. If the senior applicant is refused a
					 berth because of such considerations, the berth shall be offered to the next
					 senior applicant with an acceptable vessel.
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 15-212-37 - Notice to owner of available revocable permit

Current through June, 2024
(a) When an
				  offer of any revocable permit, except a temporary permit, is provided, the HCDA
				  shall deliver the offer or send it by certified mail, return receipt requested,
				  addressed to the applicant at the post office address furnished to the HCDA in
				  writing by the applicant.
(b) The
				  HCDA shall offer a temporary mooring permit to the applicant by telephone,
				  personal service, or first class mail, postage prepaid addressed to the
				  applicant at the post office address furnished to the HCDA in writing by the
				  applicant. If the senior applicant cannot be contacted after a reasonable
				  effort, the next senior applicant will be offered the temporary mooring permit.
				  Unless circumstances beyond the former senior applicant's control can be
				  demonstrated, the former senior applicant shall lose seniority.
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 15-212-39 - Offer of temporary mooring permit valid only seven days; notification of intention; acceptance

Current through June, 2024
(a) An applicant
				  for a temporary mooring permit to moor in a temporarily vacant berth which has
				  been offered the use of a berth shall, within seven days after the offer notify
				  the HCDA of any intention to accept or decline the offer. If the offer is
				  declined, an applicant's application for a temporary, mooring permit shall be
				  void and the berth shall be offered to the next senior applicant.
(b) An applicant who has notified the HCDA of
				  an intention to accept the offer shall accept by (1) securing a temporary
				  mooring permit for use of the offered berth within five calendar days after the
				  date of offer; and (2) otherwise complying with the requirements of these rules
				  and (3) moving the vessel into the assigned berth within seven days after the
				  date of the offer. Failure to comply renders the application, the offer, and
				  the notion of intention to accept void.
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 15-212-40 - Offer of commercial and miscellaneous permits

Current through June, 2024
(a) An
				  applicant for a commercial or miscellaneous permit who has been offered one of
				  these permits shall within seven days after the offer is made notify the HCDA
				  of an intention to accept or decline the offer. If the applicant declines the
				  offer, the applicant's application shall be void and the permit offered to the
				  next senior applicant.
(b) An
				  applicant who has notified the HCDA of an intention to accept the offer shall
				  comply with conditions and terms set forth in the offer of the revocable permit
				  pursuant to section 15-212-38 above.
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 15-212-41 - Issuance of revocable permit

Current through June, 2024
(a) A revocable
				  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 HCDA property or facility becomes
				  available;
(3) The applicant is
				  eligible for assignment under these rules;
(4) The permittee executes the revocable
				  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 United States Coast Guard Commercial Fishing Vessel Safety Decal issued
				  by the United States Coast Guard in accordance with federal regulations, 4 6
				  CFR Part 28; and
(7) The owner and
				  its assigns shall purchase and provide to HCDA and its assigns a comprehensive
				  general liability insurance policy during the entire period of the permit with
				  the written approval and consent of HCDA and its assigns for any one of the
				  following:
(A) 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; or
(B) 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 4
				  31:1-207(2), Hawaii Revised Statutes, for the vessel naming state of Hawaii,
				  HCDA and harbor agent as additional insureds.
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 15-212-42 - Period of validity of revocable permit

Current through June, 2024
Regular mooring permits shall be issued for a period not
					 to exceed one year. Temporary mooring permits shall be issued for the period
					 stated in the permit but not to exceed ninety days. Commercial and
					 miscellaneous permits shall be valid for the period of time indicated by the
					 HCDA at the date of issuance.
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 15-212-45 - Temporary mooring permit; reasons for issuance

Current through June, 2024
The HCDA may issue a temporary mooring permit for a berth
					 because of the following reasons:
(1)
				  A berth assigned to a regular permittee will be temporarily vacant while the
				  regular permittee's vessel is temporarily absent;
(2) A berth will be temporarily vacant during
				  the time an old permittee vacates the berth and the time the berth is assigned
				  and the newly assigned regular permittee actually moves that person's vessel
				  into the berth; and
(3) Assigning a
				  temporary mooring permit affords maximum, safe, convenient, and efficient
				  utilization of harbor facilities.
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 15-212-46 - Temporary permittee's use of berth and liability

Current through June, 2024
Temporary use of a berth by a temporary permittee does not
					 grant the temporary permittee any right to retain the use of the berth or any
					 other space in the harbor. The temporary permittee shall remove the temporary
					 permittee's vessel from the berth and the harbor upon expiration of the
					 temporary mooring permit or upon lapse of forty-eight hours notice to vacate
					 the berth from the HCDA, whichever event occurs first. Failure of a temporary
					 permittee to vacate the berth upon expiration of the temporary mooring permit
					 or upon lapse of forty-eight hours notice shall subject the temporary permittee
					 to liability for any damages incurred by the regular permittee assigned to the
					 berth resulting from the temporary permittee's failure to vacate, pursuant to
					 section
					 206E-22,
					 Hawaii Revised Statutes, and to a fine not to exceed $10,000, and entitles the
					 HCDA to remove the temporary permittee's vessel to an impounding area. The
					 temporary permittee shall indemnify and hold harmless the HCDA and the State
					 from any liability for damages arising from the temporary permittee's failure
					 to vacate the berth and the harbor and from the removal of the vessel to an
					 impounding area by the HCDA.
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 15-212-47 - Temporary mooring permits; priority of allocation

Current through June, 2024
Priorities for allocation of temporarily vacant berths for
					 interim use as they become available shall be as prescribed in this
					 section:
(1) First priority. The
				  senior applicant to moor a transient vessel who applied in advance in writing
				  for interim use of a temporarily vacant berth to begin at a specified time and
				  whose application was received and accepted by the HCDA; provided that a
				  transient vessel shall be allocated to a berth that has been set aside and
				  designated by the HCDA for use by transient vessels only, unless the transient
				  berths available for allocation at that time are not suitable for the vessel,
				  or no transient berths have been set aside in that harbor;
(2) Second priority. The senior applicant who
				  applied in advance in writing to moor a vessel, other than a transient vessel,
				  for an interim period whose application was received and accepted by the HCDA;
				  and
(3) Third priority. The berth
				  shall be offered on a first-come, first-served basis.
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 15-212-48 - Revocation of revocable permit

Current through June, 2024
If the permittee fails to remedy any breach of any of the
					 duties, covenants, or conditions of the permit or to desist from violating of
					 these rules, the HCDA may revoke the permittee's revocable permit, or, at its
					 discretion, refuse to renew the permittee's revocable permit. A revocable
					 permit may be terminated or revoked for the following reasons, although
					 termination and revocation are not necessarily limited to these reasons:
(1) Failing to report to the HCDA within
				  seven days:
(A) A change in ownership of the
				  vessel;
(B) A change in address of
				  the permittee;
(C) A change in
				  status of the vessel from one category to another, e.g., from commercial
				  fishing to charter fishing;
(D) The
				  permittee's vessel has been involved in the destruction of or damage to State
				  property or to another vessel; or
(E) A material change in a corporation's
				  stock ownership or change in corporate officers;
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 15-212-49 - Cancellation of revocable permit by owner

Current through June, 2024
A revocable permit may be cancelled by a boat owner upon
					 thirty days' written notice to the HCDA.
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 15-212-50 - Use of mooring space

Current through June, 2024
The awarding of a regular mooring permit entitles the
					 owner to the use of a specific mooring or berthing facility identified by berth
					 number and location. The permittee may occupy the assigned berth. In some
					 berths, however, the HCDA reserves the right to nest another vessel alongside
					 provided no hazard is presented.