HAR §13-231-65. Insurance requirements

A use permittee issued a commercial use permit or catamaran registration certificate shall, concurrently with the execution of the permit or registration certificate, shall tender to the department a copy of either a comprehensive general liability insurance policy or policies or a protection and indemnity insurance policy, or a certificate of insurance in lieu thereof, evidencing that such policy has been and is in force, with a combined single limit of not less than $500,000 for commercial vessels not authorized to carry passengers and for those authorized to carry not more than six passengers; not less than $500,000 for vessels authorized to carry more than six passengers, but equal to or less than twenty-seven passengers; and not less than $750,000 for vessels authorized to carry more than twenty-seven 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 or certificate holder for any injury or damage proximately caused by it or for purposes of indemnification of the State of Hawaii. This insurance shall: (1) Be issued by an insurance company authorized to do business in the State and approved in writing by the department; (2) Name the State as an additional insured; (3) Provide that the department shall be notified in writing at least thirty days prior to any termination, cancellation, or material change in insurance coverage; (4) Cover all injuries, losses, or damages arising from, growing out of, or caused by any acts or omissions of the permittee or certificate holder, its officers, agents, employees, invitees, members, shareholders, subcontractors, or licensees, in connection with the permittee's or certificate holder's activities under the permit or certificate; and 231-64 Unofficial Compilation (5) Be maintained and kept in effect at the permittee's or certificate holder's own expense throughout the life of the permit or certificate. The permittee or certificate holder shall submit evidence to the department of renewals or other actions proving that the insurance policy remains in effect as prescribed herein. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) §13-231-66 Limitation on number of berths held by a commercial permittee. No person shall be issued permits to moor more than two commercial vessels in any of the state's small boat harbors except temporarily pursuant to section 13-231-57 (c) or as provided by section 13-231-69; provided further, that any person holding valid commercial use permits on the 1994 effective date of these rules authorizing the mooring of more than two commercial vessels in any of these small boat harbors may continue to moor the person's vessels in the small boat harbor subject to compliance with the conditions of the commercial use permits and this chapter and until the commercial use permits expire or terminate without a proper reissuance. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4) (Imp: HRS §§200-2, 200-4) §13-231-67 Limitation on commercial use permits issued for the use of state boat launching ramps. (a) State boat launching ramps were constructed for the primary purpose of providing access to the waters of the State for trailered boats. Therefore, commercial use permits issued for the use of state boat launching facilities shall be restricted to boats that are regularly launched and recovered from boat launching ramps and used in the course of doing business. A commercial use permit shall be required for any 231-65 Unofficial Compilation trailered vessel which is rented off-site, but launches or recovers from a state boat launching facility. The owner of a trailered vessel shall be required to obtain a commercial use permit and comply with ail other rules of the department governing commercial vessel activities. Notwithstanding the limitation of the number of commercial use permits which may be issued for launching ramps in subsections (d)(1) through (d)(23) below, the owner may apply for and may be issued a commercial use permit for the number of vessels owned and registered in furtherance of its commercial use by the business on the 1994 effective date of these rules. Vessels registered to boat dealers and manufacturers and used for the purpose of conducting sea trials and instruction of prospective owners shall be exempt from commercial use permit requirements. (b) No commercial use permits for the use of state boat launching ramps shall be issued for the purpose of embarking or disembarking passengers by small craft or lighter from a vessel moored offshore. (c) A commercial use permit issued for the use of a state boat launching ramp shall also be valid for all other state boat ramps on the same island at which commercial activities are permitted except those listed in subsection (d); provided that the permittee shall indicate which launching ramp is expected to be the location of primary use and the fees derived from three percent of gross revenues shall be paid to that account. No commercial use permit shall be issued for a launching ramp located on an island other than the place of business of the permittee. (d) The maximum number of commercial use permits which may be issued for the use of the following launching ramps are: (1) Ala Wai - 3 (2) Keehi - 3 (3) Heeia Kea as provided for in section 13-256-73.1 (4) Maunalua Bay - 5 (5) Mala - 15 (6) Kihei - 15 231-66 Unofficial Compilation (7) Manele - 3 (8) Kaunakakai - 5 (9) Kukuiula - 6 (10) Lahaina - none (11) Maalaea - none (12) Kikiaola - 10 (13) Nawiliwili - 5 (14) Port Allen - 9 (15) Waikaea - 5 (16) Honokohau - 35 (17) Kawaihae (N) - 5 (18) Kawaihae (S) - 10 (19) Puako - 4 (20) Pohoiki - 4 (21) Wailoa - 10 (22) Kailua Pier - 6 (23) Keauhou - 11 (24) All others - no limit. (e) The maximum number of commercial use permits that may be issued for the use of any launch ramp is two (2) per business entity or sole proprietor registered to do business in the state. Notwithstanding this section, all owners of commercial use permits on the effective date of these rules may continue operations and be permitted to apply for and renew their commercial use permits subject to compliance with all other conditions set forth in this chapter until their total number is reduced by attrition or other means to the numbers in subsection (d)." [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-3, 200-4, 200-10, 200-39) (Imp: HRS §§200-2, 200-3, 200-4, 200-10, 200-39) §13-231-68 Signs and other structures at a state small boat harbor. (a) No person shall erect or place a sign, ticket booth, or any other structure in a state small boat harbor without the prior written approval of the department. All such structures shall only be erected or placed within a state small boat harbor if they are in conformity with state and county 231-67 Unofficial Compilation laws and ordinances, and prior approval of all appropriate governing agencies has been obtained. (b) Signs identifying commercial activities posted or displayed within a state small boat harbor shall be limited to twelve square feel maximum sign area and be designed in accordance with the guide for small boat harbor signs provided by the department. Structures for ticket booths shall be limited to thirty-six square feet maximum and be designed in accordance with the guide for ticket booths provided by the department. (c) Signs and other structures placed or erected within Lahaina small boat harbor shall also comply with the requirements of the Maui County Cultural Resources Commission. (d) Fees for signs and ticket booths are set forth in chapter 13-234. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-3, 200-4, 200-10) (Imp: HRS §§200-2, 200-3, 200-4, 200-10) §13-231-69 Multiple use of mooring facilities by commercial vessels. (a) Notwithstanding the provisions of section 13-231-4, a permittee holding a valid mooring permit for a commercial vessel may place another commercial vessel of the same size category that is owned by the permittee in the permittee's assigned berth when the commercial vessel for which the mooring permit is issued is temporarily absent from the berth, provided that prior notification is provided to the department. (b) The mooring permit for the assigned berth shall be issued for the largest commercial vessel to utilize the berth, and mooring fees charged in accordance with the fee schedule shown in section 13- 234-25. The vessel name and registration or documentation number of each additional vessel expected to utilize the berth shall be listed as an addendum to the regular mooring permit issued for that berth. [Eff 2/24/94; comp 9/25/14] (Auth: HRS §§200- 2, 200-4, 200-10) (Imp: HRS §§200-2, 200-4, 200-10) 231-68 Unofficial Compilation