19-42-32

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 42
VESSEL AND HARBOR CONTROLS
SUBCHAPTER 2
SMALL CRAFT AND SMALLER COMMERCIAL VESSELS
§19-42-32 Allocation of berths; policy. It is the policy of the department 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 section 19-42-21 and section 19-42-40; 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 department 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
department 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. [Eff
5/20/82; comp 2/26/96] (Auth: HRS §§266-2, 266-3) (Imp: HRS §§266-2, 266-3)