On a case-by-case basis the Executive Director may grant use of the Gulfport Harbor and Ship Channel to vessels with drafts greater than 30 feet, but not exceeding thirty-six (36) feet, upon a written request of the master, owner and/or agent of the vessel and upon the written recommendation of the Pilots licensed by this Port Authority that such usage is not reasonably expected to impair use of the Harbor or Ship Channel by said vessel or any other vessel. In making such recommendation, the Pilots are to use their best discretion, considering anticipated tides, winds and other factors prevailing at the time. In doing so, the master owner and/or agent shall covenant and express in writing not to assert liability against the Port Authority and the Pilots and to defend and indemnify the Port Authority and the Pilots from any and all damages arising from or connected with such use and expressly agree to cure any impediment to the continued safe use of the Harbor and Channel by other vessels that may be caused by said vessel. Again, this is not an open policy. It is on a case-by-case basis. MSPA will rely exclusively on the Gulfport Pilots Association's written recommendation in each and every case and if favorable recommendation is not received the vessel will not be granted approval enter the Harbor or Channel.
28 Miss. Code. R. 301-34.1