Current through Register No. 40, October 3, 2024
(a) No vessel shall be secured or attempted
to be secured to a recreational-use pier if the vessel would interfere with the
use of the pier by another vessel already approaching, departing from, or
secured to the pier, except that a private recreational vessel already secured
to the pier shall comply with (g) below.
(b) Only the following shall be secured to a
recreational-use pier:
(1) Private
recreational vessels;
(2) A charter
boat for which a pier use permit has been issued under Pda 600;
(3) A vessel for which an overnight
recreational-use pier berthing permit has been issued under Pda 600;
and
(4) Vessels with permission
obtained pursuant to (d) below.
(c) A vessel may be secured to a
recreational-use pier for the following purposes:
(1) Loading or unloading of passengers or
equipment, or both, provided that the loading or unloading of passengers by a
charter boat shall be allowed only in accordance with the terms of a written
contractual agreement with the authority;
(2) Use of state-owned facilities or other
businesses located on the pier or associated facilities by passengers or crew
of the vessel;
(3) Overnight
berthing in accordance with
Pda
604.07;
(4) For emergency repairs; or
(5) For any purpose authorized by the
division pursuant to (d)(1) below.
(d) Except as provided in
Pda
604.07 for a vessel for which an overnight berthing
recreational-use pier berthing permit has been issued, no vessel shall be
secured to a recreational-use pier for longer than 30 minutes, unless the
vessel operator requests permission to be so secured and the division director
or an employee of the division:
(1)
Determines that:
a. The securing of the
vessel would not interfere with the use of the pier by another vessel
approaching, departing from, or already secured to the pier; and
b. One or more of the following applies:
1. The crew or passengers, or both, of the
vessel are making use of state-owned facilities on the pier or in the vicinity
of the pier and the use requires more than 30 minutes;
2. The vessel is undergoing emergency repairs
that take longer than 30 minutes;
3. Because of volume or complexity, the
loading or unloading of passengers or equipment, or both, lasts longer than 30
minutes;
4. A charter boat requires
more than 30 minutes for provisioning, preparation, or cleanup before its
departure or after its arrival;
5.
Weather or tide conditions make it hazardous for the vessel not to be secured
to the pier;
6. A medical emergency
exists involving a passenger or crew member;
7. Failure to secure the vessel to the pier
would result in an imminent and substantial hazard to navigation or to the
safety of any person on board such vessel; or
8. A vessel is scheduled to be hauled out or
launched and the haulout or launching fee for the vessel has been paid by the
owner or operator of the vessel or by a third party that has a written
agreement with the authority; and
(2) Gives the owner or operator of the vessel
oral permission to remain at the pier longer than 30 minutes but only as long
as necessary to accomplish the purpose for which the vessel is secured to the
pier.
(e) No vessel shall
be left unattended while secured to a recreational-use pier, except a skiff
with a skiff permit secured to a skiff dock.
(f) No fishing shall be allowed from a
recreational-use pier, or from a vessel attached to any recreational pier.
(g) Operators of private
recreational vessels shall remove their vessels from a recreational-use pier
when an authorized or permitted charter boat approaches the pier.
#8321, eff 10-1-05; amd by #8759, eff 11-18-06; ss by
#10441, eff 11-1-13
