HAR 19-42 — VESSEL AND HARBOR CONTROLS (Subchapter 1 to 6)

If ammunition or other dangerous cargo is in close proximity to or on board the ship where the welding and burning operations will be done, the captain of the port, United States Coast Guard, and all other appropriate federal and state agencies shall be notified, and an inspectio…

(a) Before any welding, burning, spark or flame-producing operations may be undertaken aboard any ship, dock, wharf, or waterfront facility, all spaces subject to the accumulation of dangerous gas or gas-producing materials in or on which hot work is to be performed, and other sp…

(a) Hot work shall be done only in locations and under the procedures as designated in writing on the permit and chemist's certificate. (b) All welding and burning operations shall be under the supervision and control of a competent foreperson or supervisor who shall insure that …

(a) In all types of operations, fire prevention shall be the watchword. It shall be the responsibility of each individual worker to prevent fires. (b) All combustible materials shall be removed from the area in which the welding and burning operations are being conducted; provide…

(a) No refueling of equipment with flammable petroleum products shall be permitted on any pier or wharf owned by the State. (b) On waterfront facilities which are used for repair work, no gasoline or other flammable liquid shall be stored except as required for normal operation, …

Violation of sections 19-42-151 to 19-42-156 shall be cause for immediate revocation of a permit issued for welding and burning operations and subject such party to such other penalties as provided by law. Notes Haw. Code R. § 19-42-157 [Eff 5/20/82; am and comp 2/26/96] (Auth: H…

When the harbor master has issued a permit to do hot work, the appropriate federal and local agencies shall be notified. When hot work is being done in Honolulu Harbor the Honolulu fire boat captain on duty at the time hot work is being done shall also be notified. Notes Haw. Cod…

Notes Haw. Code R. §§ 19-42-159 to 19-42-160

Citations issued pursuant to section 266-24.1, Hawaii Revised Statutes, to a commercial firm for violation of this part may be issued to any agent, officer, or manager of the firm. Notes Haw. Code R. § 19-42-16 [Eff 5/20/82; am and comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: …

(a) Any person, firm, or corporation desiring to perform any dredging, filling, or erecting of any construction within commercial harbors and entrance channels belonging to or controlled by the State, shall first obtain a permit therefor from the department. (b) The application f…

The United States Army Corps of Engineers, the department of health, and the department of land and natural resources may have certain jurisdiction over navigable waters. The approval of these agencies shall also be secured before performing work within their jurisdictions. When …

Any person desiring to install mooring or anchorage buoys in any harbor under the jurisdiction of the department, shall apply to the department in writing for permission to install such buoys. Applications must be accompanied by comprehensive plans showing the exact proposed loca…

No buildings or structures of any nature shall be erected or constructed on state property, nor shall existing structures be modified, without obtaining the prior permission of the division and any other governmental agency as required by law. The division may require plans, spec…

Suspension of any loading or unloading operation may be ordered when in the opinion of the chief, district manager, harbor master, commercial harbor manager, or harbor agent, such suspension is necessary to insure the safety, health and welfare of the public. Notes Haw. Code R. §…

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 if the ve…

Notes Haw. Code R. §§ 19-42-19 to 19-42-20

The engines of any vessel lying at any wharf in the harbors under the jurisdiction of the department, including but not limited to Nawiliwili, Port Allen, Honolulu, Barbers Point, Kewalo Basin, Kaumalapau (if applicable), Kaunakakai, Kahului, Kawaihae, and Hilo shall not be tried…

The department shall allocate small craft and smaller commercial vessel berths and moorings in state commercial harbors in order to promote the maximum safe, convenient, and efficient utilization of the facilities, in the following priorities: (1) Kewalo Basin (A) Public Utilitie…

It shall be unlawful to make fast to, moor, dock or anchor at, or lay alongside any state-owned or controlled pier, wharf, quay, bulkhead, landing, dolphin, mooring, or other moored vessel in commercial harbors of the State without the specific authorization of the harbor master,…

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 per…

Reassignments may also be made within the same harbor 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 u…

Use permits may be issued for the following respective uses: (1) Mooring permit. A use permit authorizing the docking, mooring, or anchoring of a vessel at a state commercial harbor. (A) Regular mooring permit. A use permit which on the date of issuance authorizes the permittee t…

Any interested person or corporation may apply for a use 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 produ…

An application for a use 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. It is the policy of the d…

An applicant shall include the applicant's address in the application to the department for a use permit. An applicant shall immediately inform the department in writing of any changes in the applicant's address in order to maintain the validity of the applicant's application. An…

The department 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 determ…

All vessels over three hundred gross tons and all foreign vessels entering or leaving commercial harbors of the State shall have both anchors clear and in readiness to let go if required. Notes Haw. Code R. § 19-42-3 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: H…

An application may be withdrawn by an applicant upon written notice to the department. An applicant who withdraws an application, or whose application has expired or becomes void, may submit a new application for acceptance by the department. An applicant's seniority begins on th…

When the department cannot issue a use permit to an applicant, a waiting list of applicants shall be maintained by the department. Waiting lists shall be kept in the order of the date of acceptance of the initial, fully completed application. Timely and satisfactorily renewed app…

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 o…

(a) When an offer of any use permit, except a temporary permit, is provided, the department 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 department in writing by the applican…

(a) When an offer of any use permit, except a temporary permit, is provided, the department 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 department in writing by the applican…

(a) An applicant for a temporary mooring permit to moor in a temporarily vacant berth who has been offered the use of a berth shall, within seven days after the offer notify the department of any intention to accept or decline the offer. If the offer is declined, an applicant's a…

(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 department of an intention to accept or decline the offer. If the applicant declines the offer, the applicant's applicati…

A use 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 state property or facility becomes available; (3) The applicant is eligible for…

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 thirty days. Commercial and miscellaneous permits shall be valid for the period of time indicated by the de…

The department may issue or renew a use permit for any period up to, but not exceeding one year. Upon expiration of the period stated therein, the permit and all rights of the permittee thereunder shall automatically terminate. No use permit shall be renewed unless the conditions…

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. Notes Haw. Code R. § 19-42-4 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3)…

(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 t…

The department 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 t…

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 …

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 be…

If the permittee fails to remedy any breach of any of the duties, covenants, or conditions of the permit or to desist from violating or permitting violation of these rules, the department may revoke the permittee's use permit, or, at its discretion, refuse to renew the permittee'…

A use permit may be cancelled by a boat owner upon thirty days' written notice to the department. Notes Haw. Code R. § 19-42-45 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

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 only with that vessel described in the permittee's application for mooring permit…

A permittee holding a regular mooring permit to moor in the harbor may, upon written approval by the department, exchange the permittee's berth with another permittee holding a regular mooring permit to moor in the harbor if: (1) the vessels are suitable for the berths as determi…

A permittee may not transfer, either temporarily or permanently, a use permit or berthing space to anyone for any purpose. This authority is vested only in the department. Whenever a permittee parts with possession of or transfers title to or interest in the vessel identified in …

A regular mooring permit and related use permits issued to a vessel shall automatically expire if the vessel is absent from its assigned berth for more than fourteen days, unless the permittee who wishes to retain the permit submits an application prior to departure on a form fur…

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 prope…

All small craft and smaller commercial vessels moored or berthed at a state-owned or controlled pier, wharf, quay, bulkhead, landing dolphin, anchorage, mooring, or other facilities located in the shore waters, navigable streams, harbors, ports, and roadsteads of the State shall …