HAR §13-231-90. REPEALED

[R 9/25/14] 1 of 3 EXHIBIT "A" July 2012 CONTENTS DESCRIPTION OF THE AGREEMENT OF BOATOWNER PURSUANT TO SECTION 13-231-2 OF THE SMALL BOAT HARBORS REGULATIONS, INCLUDING OFFSHORE MOORING An agreement effectuating provisions of Section 13-231-2 of the small boat harbors rules, including offshore mooring, may contain the following terms, covenants and conditions: 1. The owner's certification of all information contained in the application and submitted by him, as being true. 2. The owner's covenant to abide by any and all provisions of the small boat harbors rules, including offshore mooring, and the incorporation by reference of such rules into the agreement. 3. The owner's authorization of the State to assign and reassign berths and spaces for his vessel in accordance with section 13-231-7 of the small boat harbors rules, including offshore mooring. 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 of the State to board his vessel to effect reasonable inspection in the manner and pursuant to procedures set out in section 13-231-8 of the small boat harbors rules, including offshore mooring. 6. The owner's covenant to pay all applicable fees and charges, and his 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. 2 of 3 8. A provision that the term of the agreement and use permit shall terminate upon expiration of the period stated therein pursuant to section 13-231-5 of the small boat harbors rules, including offshore mooring, thereby requiring a renewal of the agreement and use permit in order that the owner may continue to use the small boat harbor and its facilities. 9. A provision that the use permit with its attendant privileges is revocable and cancellable in accordance with sections 13-231-9 and 13-231-10 of the small boat harbors rules, including offshore mooring; and the owner's covenant to pay, upon his failure to promptly remove his vessel from the small boat harbor upon revocation, cancellation or termination of the use 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 of the state to reasonably effect the removal of his vessel pursuant to sections 13-231-10 and/or 13-231-17 of the small boat harbors rules, including offshore mooring. 11. The owner's covenant to pay all costs and attorney's fees, including costs of collection of delinquent fees and charges in the event the state is forced to institute a suit against the owner of his violation of any and all provisions of the small boat harbors rules, including offshore mooring, and/or the agreement, and is successful in such suit. 12. A provision stating that neither the agreement, use permit or the privileges attendant thereto is assignable nor in any way transferable, in part or in its entirety. 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 at a minimum of $500,000 per occurrence as approved by the department and performance and/or compliance bonds in such amounts as may be warranted under the circumstances. 3 of 3 14. A provision that in the event the fees and charges which shall have accrued in favor of the department shall not be paid as provided in these small boat harbors rules, including offshore mooring, the department may, after reasonable notice, take possession of the vessel, its tackle, apparel, fixtures, equipment and furnishings, and may retain such 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 which the department may have by virtue of statute or otherwise. 1 of 4 EXHIBIT "B" July 2012 STATE OF HAWAII DLNR – DIVISION OF BOATING AND OCEAN RECREATION VESSEL INSPECTION REPORT DATE: _____________________ OWNER: _______________________________________________ PERSON(S) PRESENT FOR INSPECTION: ____________________ VESSEL NAME: _________________________________________ REG/DOC # ____________________________________________ EXP. DATE: __________________________________________ REGISTERED/DOCUMENTED USE: ___________________________ DESCRIPTION OF VESSEL: _______________________________ PROPULSION: __________________________________________ NET TONNAGE (commercial only): _______________________ RADIO – TYPE(S) & CALL SIGN: _________________________ EPIRB ABOARD? _____ Each item shall meet applicable U.S. COAST GUARD, AMERICAN BOAT & YACHT COUNCIL STANDARDS AND DEPARTMENT OF LAND AND NATURAL RESOURCES ADMINSTRATIVE RULES. 2 of 4 INSPECTION ITEM PASSED NOT PASSED N/A REMARKS CERTIFICATE/DOCUMENT ABOARD REG/DOC NO. PROPERLY DISPLAYED MFG'S SER. NO. DISPLAYED SAFETY EQUIPMENT PFDs VISUAL DISTRESS SIGNAL(S) HORN, WHISTLE AND/OR BELL PLACARDS: TRASH, OIL FIRE EXTINGUISHER(S) PROPER LIGHTS BILGE PUMPING DEVICE OIL IN BILGE OIL ABSORBENT PADS OPERATIVE OTHER FUELS PROPERLY VENTED PROPULSION ENGINE ABOARD ENGINE OPERATIVE/APPROP. SIZE BACKFIRE FLAME ARRESTER ENGINE COMPARTMENT VENTILATED FUEL COMPARTMENT VENTILATED EXHAUST SYSTEM SPARS OPERATIVE RIGGING OPERATIVE APPROPRIATE SAILS ABOARD MARINE SANITATION DEVICE ABOARD HOLDING TANK – TYPE FLOW THROUGH PROPERLY INSTALLED ADEQUATE STEETING/RUDDER OPER. 3 of 4 HULL/PROP/RUDDER CLEAN FOR USE ADEQUATE EXITS UNSECURED OPENINGS/HULL/DECK/CAB RECONSTRUCTION/SURVEY/ INSURANCE CHAFE GEAR GROUND TACKLE GENERAL APPEARANCE RESONABLE CLEANLINESS ANIMAL ABOARD HOW MANY LIVING ABOARD? COMMENTS: ____________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ I inspected the vessel described on the front of this form on __________________ 20___ at _____ (AM)/(PM) at ________________________________. I have observed the vessel described on the front of this form move by its own propulsion (POWER/SAIL), at an adequate speed indicating that the vessel was in good operating condition, from ___________________________________ to ________________________________, the route designated by the harbor agent for this vessel. I have personally inspected every item on the checklist on the front and reverse side of this form for the vessel described therein and (CONSIDER/DO NOT CONSIDER) it to 4 of 4 be in good material and operating condition in accordance with the requirements contained in the Hawaii Administrative Rules, Department of Land and Natural Resources, State of Hawaii. I further certify that the vessel's length (end to end over deck: LOD) is _______ feet _______ inches; and length overall (including extension such as bowsprit: LOA) is _______ feet _______ inches. Signature: _______________________ Date: _____________ Name typed or printed: _______________________________ Company Name: ________________________________________ Address: _____________________________________________ City: ____________________ State: _____ Zip: _________ Contact Phone No: ____________________________________ PERMIT NO. ____________ PERMIT EXPIRATION ___________ DATE: ________________________________________________