Section 15-212-41 - Issuance of revocable permit(a) A revocable 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 HCDA property or facility becomes available;(3) The applicant is eligible for assignment under these rules;(4) The permittee executes the revocable permit;(5) The vessel is properly documented, registered or certificated with the appropriate federal or state agencies concerned;(6) The vessel is seaworthy and in the case of commercial fishing vessels the vessel shall have a United States Coast Guard Commercial Fishing Vessel Safety Decal issued by the United States Coast Guard in accordance with federal regulations, 4 6 CFR Part 28; and(7) The owner and its assigns shall purchase and provide to HCDA and its assigns a comprehensive general liability insurance policy during the entire period of the permit with the written approval and consent of HCDA and its assigns for any one of the following: (A) There exists a comprehensive general liability insurance policy or policies, or a certificate of insurance in lieu thereof, evidencing that such policy has been issued and is in force, with a combined single limit of not less than $100,000 for commercial vessels not authorized to carry passengers and for those authorized to carry not more than six passengers; not less than $300,000 for vessels authorized to carry more than six passengers, but less than twenty-six passengers; and not less than $500,000 for vessels authorized to carry more than twenty-five 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 for any injury or damage proximately caused by it; or(B) In lieu of a comprehensive general liability insurance policy or policies, a vessel owner may have P & I (protection and indemnity) insurance as defined in section 4 31:1-207(2), Hawaii Revised Statutes, for the vessel naming state of Hawaii, HCDA and harbor agent as additional insureds.(b) The insurance shall: (1) Be issued by an insurance company or surety company as deemed acceptable by HCDA;(2) Name the State of Hawaii, HCDA and harbor agent and its assignees and/or management agents as an additional insured;(3) Provide that the HCDA shall be notified at least thirty days prior to any termination, cancellation, or material change in its insurance coverage;(4) Cover all injuries, losses, or damages arising from, growing out of, or caused by any acts or omissions of the permittee, its officers, agents, employees, invitees, or licensees, in connection with the permittee's use or occupancy of the premises;(5) Permittee's insurance will be deemed primary and non contributory in the event of loss or damage. Permittee waives all rights of recovery against State of Hawaii, HCDA and Harbor Manager to the extent any losses, claims or damages are: (A) Covered by any policy of insurance available to permittee, and/or(B) Not covered by permittee's insurance because of deductibles, the inadequacy of policy limits, policy limitation or exclusions or failure to maintain or preserve coverage as required by this Agreement or by policy terms; and(6) Be maintained and kept in effect at the permittee's own expense throughout the life of the permit. The permittee shall submit a certificate of insurance as evidence to the HCDA of renewals or other actions to indicate that the insurance policy remains in effect as prescribed in this section.[Eff DEC 03 2008] (Auth: HRS § 206E-4) (Imp: HRS § 206E-4)