19-42-23

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 42
VESSEL AND HARBOR CONTROLS
SUBCHAPTER 2
SMALL CRAFT AND SMALLER COMMERCIAL VESSELS
§19-42-23 Conditions for use of harbor property and facilities. Before any
property or facility at a state commercial harbor is utilized by any vessel, its
owner shall execute a use permit appropriately conforming to the description
provided below, obtain the approval of the department which shall be evidenced
by an indorsement on the use permit to that effect, and follow such other
procedures and requirements as may be established by the department to facilitate
effective management of the permits; provided, that the department may waive
the requirements of this section in the case of trivial and infrequent uses of state
property or facilities, or as the circumstances may warrant.
A use permit may contain the following terms, covenants, and conditions:
(1) The owner's certification of all information contained in the application and
submitted as being true;
(2) The owner's covenant to abide by the current tariff and the incorporation by
reference of the rules into the agreement;
(3) The owner's authorization for the State to assign and reassign berths and
spaces for the owner's vessel;
(4) A provision stating that all persons signing the agreement shall be jointly and
severally liable for the full performance of all terms, covenants, and conditions
thereof;
(5) The owner's authorization to the State to board the owner's vessel to effect
reasonable inspection and audit the owner's records;
(6) The owner's covenant to pay all applicable fees and charges, and the owner's
authorization of the State to assess collection and service charges for the
delinquent payment thereof;
(7) The owner's covenant to indemnify the State and its officers and employees
for damages and injuries arising out of the owner's exercise of privileges granted
by the use permit;
(8) A provision that the term of the use permit shall terminate upon expiration of
the stated period, thereby requiring a renewal of the permit to continue to use the
harbor and its facilities;
(9) A provision that the use permit with its attendant privileges is revocable and
the owner's covenant to pay, upon the owner's failure to promptly remove the
owner's vessel from the harbor upon revocation, cancellation, or termination of
the mooring permit, a reasonable sum to be established between the parties and to
be made a part of the agreement, as liquidated damages;
(10) The owner's authorization to the State to reasonably effect the removal of the
owner's vessel;
(11) The owner's covenant to pay all costs and attorney's fees, including cost of

collection of delinquent fees and charges in the event the State is forced to
institute a suit against the owner and is successful in such a suit;
(12) A provision stating that, except as provided, neither the agreement nor the
privileges attendant thereto are assignable or in any way transferable, in whole or
in part;
(13) An open provision to enable the State and the owner to negotiate additional
terms, covenants and conditions as may be proper under the particular
circumstances, including but not limited to provisions requiring sufficient
comprehensive liability insurance coverage, and performance and compliance
bonds in such amounts as may be warranted under the circumstances; and
(14) A provision that in the event charges that accrue in favor of the department
are not paid, the department may, after reasonable notice, take possession of the
vessel, its tackle, apparel, fixtures, equipment, and furnishings, and may retain
possession until all charges then owing and any charges which shall thereafter
accrue are fully paid and the remedy thus provided is in addition to and not in lieu
of any other remedies provided by law or otherwise. [Eff 5/20/82; am and comp
2/26/96] (Auth: HRS §§266-2, 266-3) (Imp: HRS §§266-2, 266-3)