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chapter-200•Hawaii Revised Statutes, Chapter 200 — Ocean Recreation and Coastal Areas Programs
chapter-200Haw. Rev. Stat. ch. 200Code01.01.1991
Division 1. Government — Title 12. Conservation and Resources
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).
As used in this chapter, unless the context otherwise requires:
"Beaches encumbered with easements in favor of the public" means any lands which lie along the shores of the State which are now, or may hereafter be, encumbered by easements granted in favor of the public for bathing, swimming, or other similar or related purposes and for foot passage.
"Board" means the board of land and natural resources.
"Chairperson" means the chairperson of the board of land and natural resources.
"Department" means the department of land and natural resources.
"Ocean waters" means all waters seaward of the shoreline within the jurisdiction of the State.
"Sailing school vessel" means a vessel:
(1) Less than five hundred gross tons, carrying six or more individuals who are sailing school students or sailing school instructors principally equipped for propulsion by sail even if the vessel has an auxiliary means of propulsion;
(2) Owned or leased by a corporation, association, organization, or other duly chartered entity determined under the Internal Revenue Code to be exempt from the federal income tax and operated for the purpose of providing sailing instruction and therapeutic, educational, recreational, vocational, or family counseling services to emotionally disturbed youth or to youth sentenced by the family court to a rehabilitative sailing program and their families; and
(3) That is in compliance with title 46 Code of Federal Regulations part 169.
"Shoreline" means the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves.
[L 1991, c 272, pt of §2; am L 1996, c 188, §3; am L 2012, c 27, §1]
(a) The board shall have the primary responsibility for administering the ocean recreation and coastal areas programs and performing the functions heretofore performed by the department of transportation and the department of law enforcement in the areas of boating safety, conservation, search and rescue, and security of small boat harbor environs.
(b) The board shall not transfer its jurisdiction, management, or operations of the small boat harbors to any other department or agency or any county in any manner unless expressly provided by law.
[L 1991, c 272, pt of §2; am L 1996, c 296, §3; am L 2007, c 270, §2; am L 2022, c 278, §17]
§200-2.5 Disposition of state boating facility properties. (a) Notwithstanding any law to the contrary, the board may lease fast lands and submerged lands within an existing state boating facility by public auction, a request for proposals, or by direct negotiation pursuant to section 171-59 and chapter 190D, for private development, management, and operation; provided that any lease of fast lands or submerged lands pursuant to a request for proposals shall be subject to section 200-2.6, regardless to which state boating facility the fast or submerged lands are attached.
As used in this section, the term "state boating facility" means a state small boat harbor, launching ramp, offshore mooring, pier, wharf, landing, or any other area under the jurisdiction of the department pursuant to this chapter.
(b) The permissible uses under any lease disposed of under this section shall be consistent with the purpose for which the land was set aside by the governor pursuant to section 171-11. Permissible uses may include any use that will complement or support the ocean-recreation or maritime activities of state boating facilities.
(c) Disposition of public lands of state boating facilities constructed, maintained, and operated in accordance with this chapter shall not exceed a maximum term of sixty-five years.
(d) All revenues due to the State derived from leases of state boating facilities shall be deposited in the boating special fund.
(e) The department shall adopt rules in accordance with chapter 91 to implement this section.
[L 2001, c 299, §2; am L 2011, c 197, §4]
[§200-2.6] Ala Wai boat harbor; leases. The fast lands and submerged lands of the Ala Wai boat harbor that may be leased include the following:
(1) All fast lands and submerged lands described in the request for qualifications or request for proposals issued by the division of boating and ocean recreation of the department on November 25, 2008;
(2) The fast land described as a portion of tax map key: (1) 2-3-37-12, composed of approximately 112,580 square feet, presently used for harbor offices and permitted vehicular parking; and
(3) The fast land described as a portion of tax map key: (1) 2-3-37-12, which is a triangular area located Diamond Head of Mole B, presently used for permitted vehicular parking.
[L 2011, c 197, §2]
The board shall assume the following functions of the department of transportation:
(1) Managing and administering the ocean-based recreation and coastal areas programs of the State;
(2) Planning, developing, operating, administering, and maintaining small boat harbors, launching ramps, and other boating facilities and associated aids to navigation throughout the State;
(3) Developing and administering an ocean recreation management plan;
(4) Administering and operating a vessel registration system for the State;
(5) Regulating the commercial use of state waters and marine resources, including operations originating from private marinas;
(6) Regulating boat regattas and other ocean water events;
(7) Administering a marine casualty and investigation program;
(8) Assisting in abating air, water, and noise pollution;
(9) Conducting public education in boating safety;
(10) Administering the boating special fund;
(11) Assisting in controlling shoreline erosion;
(12) Repairing seawalls and other existing coastal protective structures under the jurisdiction of the State; and
(13) Removing nonnatural obstructions and public safety hazards from the shoreline, navigable streams, harbors, channels, and coastal areas of the State.
[L 1991, c 272, pt of §2; am L 2012, c 289, §2]
(a) For purposes of determining whether an administrative violation of commercial activity restrictions under this chapter or rules adopted by the department has occurred, advertisement or offers in print; by word of mouth; or online in any form, including through social media, of unpermitted commercial ocean use activities or commercial ocean recreational equipment shall be prima facie evidence that:
(1) The owner of the advertised or offered commercial activity disseminated or directed the dissemination of the advertisement or offer in that form and manner; and
(2) The commercial activity is being operated at the location advertised or offered.
(b) The burden of proof shall be on a person charged with an administrative violation of commercial activity restrictions under this chapter or rules adopted by the department to establish that vessels or equipment, or both, are not being used for unpermitted commercial activity or that the person's conduct is authorized pursuant to a permit, lease, or license issued by the department.
(c) As used in this section:
"Administrative violation" means any violation enforced administratively by the board pursuant to section 200-14.5.
"Commercial activity" has the same meaning as in section 200-4(a).
"Social media" means any form of electronic communication through which users create online communities to share information, personal messages, and other content, offered from platforms, including but not limited to Facebook, Foursquare, Instagram, Reddit, TikTok, Tripadvisor, X, Yelp, and YouTube.
[L 2024, c 227, §2]
(a) No commercial vendor shall preset commercial beach equipment on any beach under the jurisdiction of the department unless the customer is physically present for the immediate use of the commercial beach equipment. The commercial vendor shall expeditiously remove the commercial beach equipment after the customer has finished using it.
(b) The department may authorize exemptions to subsection (a) through rules adopted pursuant to chapter 91.
(c) Any commercial vendor who violates subsection (a) shall be subject to an administrative fine of:
(1) $5,000 for a first offense;
(2) $10,000 for a second offense; and
(3) $15,000 for a third or subsequent offense.
(d) This section shall apply to beaches:
(1) Under the jurisdiction of the department, including private beaches in which the State has an easement or other property interest; and
(2) Within a county with a population of more than:
(A) Nine hundred thousand; or
(B) One hundred thousand but fewer than one hundred eighty thousand.
This section shall not apply to private beaches in which the State has no property interest.
(e) As used in this section:
"Commercial beach equipment" means recreational equipment for rent, including chairs, umbrellas, surfboards, paddleboards, kayaks, and other non-motorized watercraft equipment.
"Preset" means to set up or have physically ready for use commercial beach equipment by a commercial vendor.
[L 2023, c 227, §1]
(a) The chairperson may adopt rules necessary:
(1) To regulate the manner in which all vessels may enter the ocean waters and navigable streams of the State and moor, anchor, or dock at small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;
(2) To regulate the embarking and disembarking of passengers at small boat harbors, launching ramps, other boating facilities, and public beaches;
(3) For the safety of small boat harbors, launching ramps, and other boating facilities, and the vessels anchored or moored therein;
(4) For the conduct of the public using small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;
(5) To regulate and control recreational and commercial use of small boat harbors, launching ramps, and other boating facilities owned or controlled by the State and the ocean waters and navigable streams of the State;
(6) To prevent the discharge or throwing into small boat harbors, launching ramps, other boating facilities, ocean waters, and navigable streams, of rubbish, refuse, garbage, or other substances likely to affect the quality of the water or that contribute to making the small boat harbors, launching ramps, other boating facilities, ocean waters, and streams unsightly, unhealthful, or unclean, or that are liable to fill up, shoal, or shallow the waters in, near, or affecting small boat harbors, launching ramps, and other boating facilities and the ocean waters and navigable streams of the State, and likewise to prevent the escape of fuel or other oils or substances into the waters in, near, or affecting small boat harbors, launching ramps, or other boating facilities and the ocean waters and navigable streams of the State from any source point, including but not limited to any vessel or from pipes or storage tanks upon land, including:
(A) Requirements for permits and fees for:
(i) The mooring, docking, or anchoring of recreational and commercial vessels or the launching of recreational or commercial vessels at small boat harbors, launching ramps, and other boating facilities; or
(ii) Other uses of these facilities;
(B) Requirements for permits and fees for use of a vessel as a principal place of habitation while moored at a state small boat harbor;
(C) Requirements governing:
(i) The transfer of any state commercial, mooring, launching, or any other type of use or other permit, directly or indirectly, including but not limited to the imposition or assessment of a business transfer fee upon transfer of ownership of vessels operating commercially from, within or in any way related to the state small boat harbors; and
(ii) The use of state small boat harbors, launching ramps, or other boating facilities belonging to or controlled by the State, including but not limited to the establishment of minimum amounts of annual gross receipts required to renew a commercial use permit, and conditions under which a state commercial, mooring, launching, or any other type of use or other permit may be terminated, canceled, or forfeited; and
(D) Any other rule necessary to implement this chapter pertaining to small boat harbors, launching ramps, and other boating facilities belonging to or controlled by the State;
(7) To continue the ocean recreational and coastal areas programs and govern the ocean waters and navigable streams of the State, and beaches encumbered with easements in favor of the public to protect and foster public peace and tranquility and to promote public safety, health, and welfare in or on the ocean waters and navigable streams of the State, and on beaches encumbered with easements in favor of the public, including:
(A) Regulating the anchoring and mooring of vessels, houseboats, and other contrivances outside of any harbor or boating facility, including:
(i) The designation of offshore mooring areas;
(ii) The licensing and registration of vessels, houseboats, and other contrivances; and the issuance of permits for offshore anchoring and mooring of vessels, houseboats, and other contrivances; and
(iii) The living aboard on vessels, houseboats, or other contrivances while they are anchored or moored within ocean waters or navigable streams of the State.
The rules shall provide for consideration of environmental impacts on the State's aquatic resources in the issuance of any permits for offshore mooring;
(B) Safety measures, requirements, and practices in or on the ocean waters and navigable streams of the State;
(C) The licensing and registration of persons or organizations engaged in commercial activities in or on the ocean waters and navigable streams of the State;
(D) The licensing and registration of equipment utilized for commercial activities in or on the ocean waters and navigable streams of the State;
(E) For beaches encumbered with easements in favor of the public, the prohibition or denial of the following uses and activities:
(i) Commercial activities;
(ii) The storage, parking, and display of any personal property;
(iii) The placement of structures or obstructions;
(iv) The beaching, landing, mooring, or anchoring of any vessels; and
(v) Other uses or activities that may interfere with the public use and enjoyment of these beaches; and
(F) Any other matter relating to the safety, health, and welfare of the general public;
(8) To regulate the examination, guidance, and control of harbor agents and their assistants; and
(9) To regulate commercial activities in state waters including operations originating from private marinas; provided that no new or additional permits shall be required for those commercial activities regulated by any other chapter.
For the purposes of this paragraph:
"Commercial activity" means to engage in any action or attempt to engage in any action for compensation in any form. The action or actions may include providing or attempting to provide, advertising, or offering or attempting to offer guide services, charters, tours, and transportation to and from the location or locations for which such services are provided.
"Compensation" means money, barter, trade, credit, and other instruments of value, goods, and other forms of payment.
(b) All rules shall be adopted in accordance with chapter 91 and shall have the force and effect of law.
[L 1991, c 272, pt of §2; am L 2012, c 289, §3; am L 2024, c 227, §3]
The department shall adopt rules to promote greater safety of ocean users in the State's nearshore waters. The rules shall include but not be limited to the creation of safe zones for free divers and swimmers and stricter enforcement of boating regulations around swim zone buoys.
[L 2012, c 195, pt of §2]
The department shall adopt rules to allow vessels holding a valid ocean recreation management area commercial use permit to use a state small boat harbor or boat launching ramp when unsafe wind and sea conditions would prevent safe access to the shoreline through a designated ingress or egress zone. The vessel operator or master shall give the department prior notice of the presence or threat of such conditions and shall be subject to local direction and control as necessary to avoid conflict with other users of the facility. Use of a state boating facility in accordance with this section shall not affect the permittee's right to use such boating facilities in the absence of such conditions in order to provision a vessel as permitted by law.
[L 2012, c 195, pt of §2]
For purposes of this chapter, ocean waters and navigable streams shall not include the commercial harbors of the State.
[L 1991, c 272, pt of §2]
(a) No person shall erect or place any structure or similar object, or sink any type of watercraft or other sizeable object, or abandon any type of watercraft or other sizeable object, either sunk or unsunk, on or within the ocean waters or navigable streams of the State without a written permit from the department. The department may require any person violating this section to remove any structure, similar object, watercraft, or other sizeable object on or within the ocean waters or navigable streams of the State. If any person fails to remove the same within a time limit set by the department, the department may effect the removal and charge the person with the cost thereof. The department may enforce compliance with this section by the use of any appropriate remedy including, but not limited to, injunction or other equitable or legal process in the courts of the State.
(b) No person shall anchor, moor, or otherwise place any vessel, houseboat, or other contrivance on or within the ocean waters or navigable streams of the State without a permit from the department. This section shall not apply to:
(1) Vessels owned by the United States;
(2) Vessels engaged in interstate or foreign commerce; or
(3) Pleasure craft or fishing vessels temporarily anchored for a period of less than seventy-two hours.
The department may require any person violating this section to remove any vessel, houseboat, or other contrivance from the ocean waters or navigable streams of the State. If any person fails to remove the same within the time limit set by the department, the department may effect the removal and charge the person with the cost thereof. The department may enforce compliance with this section by the use of any appropriate remedy, including, but not limited to, injunction or other equitable or legal process in the courts of the State. As used in this section:
"Contrivance" means any human-made object or artificial arrangement not used or intended to be used for transportation which may be floated upon or suspended within the water.
"Houseboat" means any vessel which is fitted for use as a permanent or temporary place of habitation, and is either stationary or capable of being moved by oars, sweeps, or towing.
"Vessel" means every description of watercraft used or capable of being used as a means of transportation on water, including, but not limited to, power boats, ships, tugs, sailing vessels, barges, scows, lighters, ferry boats, pleasure craft, floating equipment, floating gear, dry docks, and any and all other watercraft.
(c) The permittee shall pay fees to the department for the offshore mooring permit issued by the department. The fees shall be based on, but not limited to, the use of the vessel, its effect on the waters and aquatic resources of the State, and the administrative expenses incurred by the department and other state agencies in administering offshore mooring. All revenues collected under this section shall be deposited in the boating special fund.
[L 1991, c 272, pt of §2]
. The department shall waive the mooring charge for:
(1) Any and all sea scout craft using moorings belonging to or controlled by the State, when moorings are available as determined by the department; provided that the craft are owned and used exclusively for the purpose of regular organized sea scout groups; and
(2) Any and all sailing school vessels.
[L 1991, c 272, pt of §2; am L 1996, c 188, §4]
§200-8 Boating program; payment of costs. The cost of administering a comprehensive statewide boating program, including but not limited to the cost of:
(1) Operating, maintaining, and managing all boating facilities under the control of the department;
(2) Improving boating safety;
(3) Operating a vessel registration and boating casualty investigation and reporting system;
(4) Other boating program activities; and
(5) Planning, developing, managing, operating, or maintaining of all lands and improvements under the control and management of the board, including but not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76,
shall be paid from the boating special fund; provided that any fees collected within small boat harbors shall be expended only for costs related to the operation, upkeep, maintenance, and improvement of the small boat harbors. The amortization (principal and interest) of the costs of capital improvements for boating facilities appropriated after July 1, 1975, including but not limited to berths, slips, ramps, related accommodations, general navigation channels, breakwaters, aids to navigation, and other harbor structures, may be paid from the boating special fund or from general revenues as the legislature may authorize in each situation. Revenues provided in this chapter for the boating special fund shall be at least sufficient to pay the special fund costs established in this section.
[L 1991, c 272, pt of §2; am L 2011, c 197, §5; am L 2015, c 96, §2]
(a) State small boat harbors are constructed, maintained, and operated for the purposes of:
(1) Recreational boating activities;
(2) Landing of fish; and
(3) Commercial vessel activities.
To implement these purposes, only vessels in good material and operating condition that are regularly navigated beyond the confines of the small boat harbor and that are used for recreational activities, the landing of fish, or commercial vessel activities shall be permitted to moor, anchor, or berth at a state small boat harbor or use any of its facilities.
(b) Vessels used for purposes of recreational boating activities that are also the principal habitation of the owners shall occupy no more than one hundred twenty-nine berths at Ala Wai boat harbor and thirty-five berths at Keehi boat harbor, which is equal to fifteen per cent of the respective total moorage space that was available as of July 1, 1976, at the Ala Wai and Keehi boat harbors.
(c) The total number of valid commercial use permits that may be issued for vessels assigned mooring in Ala Wai boat harbor shall not exceed fifteen per cent of the total number of berths and shall not exceed thirty-five per cent of the total number of berths at the Keehi boat harbor; provided that at the Ala Wai boat harbor, vessels issued commercial use permits shall:
(1) Not exceed sixty-five feet in length;
(2) Occupy not more than fifty-six berths located along the row of berths furthermost mauka or adjacent to Holomoana street, with the remainder located throughout the Ala Wai boat harbor, with priority assigned to row five hundred, row seven hundred, and row eight hundred;
(3) Be phased-in in a manner that does not displace any existing recreational boater or existing catamaran operator; and
(4) Include commercial catamarans, for which valid commercial use permits or existing registration certificates have been issued by the department that allow the catamarans to operate upon Waikiki shore waters for hire.
The department shall allow a sole proprietor of a catamaran operating with a valid commercial use permit or existing registration certificate, issued by the department, for a commercial catamaran to land its commercial catamaran on Waikiki beach, to operate upon Waikiki shore waters for hire, and to transfer the ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to operate under the commercial use permit or existing registration certificate. The existing commercial use permit or existing registration certificate shall be reissued in a timely manner in the name of the transferee corporation or other business entity. No valid commercial use permit or existing registration certificate issued to an owner of a commercial catamaran operating in the Waikiki area shall be denied or revoked without a prior hearing held in accordance with chapter 91.
(d) Notwithstanding any limitations on commercial permits for Maui county small boat facilities, vessels engaging in inter-island ferry service within Maui county shall be afforded preferential consideration for ferry landings, including the issuance of a commercial operating permit and the waiver of any applicable fees, at Maui county small boat facilities; provided that:
(1) The vessel operator has been issued a certificate of public convenience and necessity for the purpose of engaging in inter-island ferry service that includes a route within Maui county;
(2) The design and performance characteristics of the vessel will permit safe navigation within the harbor entrance channel and safe docking within Maui county small boat facilities;
(3) The vessel operations will not result in unreasonable interference with the use of Maui county small boat facilities by other vessels; and
(4) All preferential consideration and waivers, including any commercial permits issued under this section, shall cease upon the vessel operator's termination of inter-island ferry service within Maui county.
(e) The chairperson may adopt rules pursuant to chapter 91 to further implement this section.
[(f)] For purposes of this section:
"Commercial vessel activities" means the use of vessels for activities or services provided on a fee basis.
"Recreational boating activities" means the use of watercraft for sports, hobbies, or pleasure.
"Regularly navigated" means the movement of a vessel under its own power from its assigned mooring within a small boat harbor to beyond the confines of the small boat harbor and entrance channel at least once in a ninety-day period. Vessels moored in an offshore mooring area shall exit the confines of the designated mooring area under their own power at least once in a ninety-day period.
[L 1991, c 272, pt of §2; am L 1995, c 86, §2; am L 1997, c 160, §4; am L 1999, c 266, §1; am L 2001, c 9, §1; am L 2006, c 123, §1; am L 2011, c 76, §1 and c 197, §6]
§200-10 Permits and fees for state small boat harbors ; permit transfers. (a) No person shall moor a vessel in a state small boat harbor without:
(1) First obtaining a use permit from the department; and
(2) Being the owner of the vessel.
(b) In order to obtain a permit or a permit renewal, the owner of a vessel shall provide, at the owner's own expense:
(1) A marine surveyor's inspection or a vessel inspection by the department, no more than two years old, certifying that the vessel has been inspected and fulfills the requirements set by the department;
(2) Documentation that the person is the owner of the vessel. The documentation shall meet requirements established by the department; and
(3) Satisfactory proof that the person has attained the age of eighteen years prior to obtaining a permit or being placed on the waitlist for a permit.
(c) The permittee shall pay moorage fees to the department for the use permit that shall be based on but not limited to the use of the vessel, the vessel's effect on the harbor, use of facilities, and the cost of administering the mooring program; provided that:
(1) Except for commercial maritime activities in which a tariff is established by the department of transportation, moorage fees shall be established by appraisal by a state-licensed appraiser approved by the department;
(2) For commercial maritime activities in which a tariff is established by the harbors division of the department of transportation, the department may adopt the published tariff of the harbors division of the department of transportation or establish the fee by appraisal by a state-licensed appraiser approved by the department;
(3) An application fee shall be collected when applying for moorage in state small boat harbors and shall thereafter be collected annually when the application is renewed; provided that the application fee shall be set by the department;
(4) If a recreational vessel is used as a place of principal habitation, the permittee shall pay, in lieu of the moorage fee required by paragraph (1), a monthly liveaboard fee that shall be two times the moorage fee that would otherwise be assessed for a vessel of the same size;
(5) If a vessel is used for commercial purposes from the vessel's permitted mooring, the permittee shall pay, in lieu of the moorage fee required by paragraph (1), a monthly fee that shall be the greater of:
(A) Three per cent of the gross revenues derived from the use of the vessel;
(B) $1.50 per passenger carried for hire; or
(C) Two times the moorage fee that would otherwise be assessed for a recreational vessel of the same size;
(6) The department is authorized to assess and collect utility fees, including electrical and water charges, and common-area maintenance fees in small boat harbors; and
(7) All fees established by appraisal pursuant to this subsection shall be set at fair market value.
(d) The department shall not renew or issue a permit to a person who is not the owner of the vessel which is moored or which the person desires to moor in a state small boat harbor. No use permit may be transferred unless specifically provided by law. Any individual who is an owner of a vessel used for commercial purposes, including commercial fishing as a principal means of livelihood, and possesses a valid mooring permit or commercial permit, or both, in accordance with the rules adopted by the chairperson pursuant to chapter 91, may transfer ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to moor or operate the vessel under the permit or permits. The existing permit or permits shall be reissued in the name of the transferee corporation or other business entity.
(e) For the purposes of this section, "person" means any individual, firm, partnership, corporation, trust, association, joint venture, organization, institution, or any other legal entity, and "owner" includes the legal owner of a vessel where there is no security interest held by anyone on the vessel, a buyer under a purchase money security interest, a debtor under any security interest, a demise charterer of a vessel, or a lessee or charterer of a vessel under a lease or charter which provides the lessee or charterer with exclusive right to possession of the vessel to the exclusion of the lessor or the person from whom the vessel is chartered. "Controlled group" means parent-subsidiary corporations, brother-sister corporations, or constructive owner. "Transfer" includes any change in control, by whatever means, of any entity that owns or controls, directly or indirectly, a use permit. No permittee shall be allowed to moor a leased vessel in a berth unless the terms of the lease are set at fair market value. A "legal owner" includes a person who holds unencumbered title to a vessel or is a secured party under a security interest in the vessel. An owner who is issued a permit to moor a vessel in a state small boat harbor shall notify the department in writing of a transfer of interest or possession in the vessel within seven days of transfer.
(f) Any person who owns an interest in a corporation or other business entity or is part of a controlled group possessing a valid commercial permit issued by the department, in accordance with rules adopted by the chairperson pursuant to chapter 91, may transfer any or all stock or other interest to another person without terminating the right of the corporation or business entity to retain or renew its commercial permit or any other permit issued to it by the department; provided that:
(1) The corporation or business entity has been engaged in the same commercial vessel activity, as defined in section 200-9, for a minimum of one year;
(2) The seller shall pay the department a business transfer fee based on the passenger-carrying capacity of the vessels owned or operated by the corporation or business entity as provided by rules adopted by the chairperson pursuant to chapter 91, except for transfers of stock or interest in a corporation or other business entity between spouses or first-generation lineal descendants; and
(3) In the case of a controlled group, the transferee shall retain eighty per cent control of the transferor.
Any person possessing a commercial permit shall be required to meet minimum revenue standards, as a condition of retaining or renewing the commercial permit.
When an application for renewal of a commercial permit is made at least sixty days prior to expiration of the commercial permit, the department shall review the application and, within thirty days of receipt of the application, shall renew the permit or notify the applicant that the application is incomplete or cannot be renewed and explain any reasons for nonrenewal. Within thirty days of receipt of the applicant's amended application, the department shall either renew the permit or notify the applicant that the permit will not be renewed.
If the holder of a commercial permit fails to timely obtain renewal of a commercial permit, the holder of the permit shall automatically be granted a thirty-day extension from the date of the existing permit's expiration to obtain a permit renewal.
(g) The department may designate moorage space within state small boat harbors to accommodate commercial fishing vessels and transient vessels.
(h) All revenues from the foregoing operations shall be deposited in the boating special fund.
[L 1991, c 272, pt of §2; am L 2005, c 126, §1; am L 2011, c 197, §7; am L 2014, c 10, §1 and c 84, §1; am L 2015, c 90, §1; am L 2016, c 219, §1; am L 2021, c 42, §2]
[§200-10.5] Sailing school vessels; rules. The department shall adopt rules for the regulation and operation of sailing school vessels. Until the rules are adopted, sailing school vessels shall be classified as recreational vessels and subject to rules adopted under sections 200-4 and 200-9 that pertain to recreational vessels; provided that sailing school vessels shall be exempt from:
(1) All requirements for permits and fees; and
(2) All rules pertaining to:
(A) Mooring or anchoring of recreational vessels at any offshore mooring area; and
(B) Living aboard a vessel while the vessel is moored within ocean waters of the State.
[L 1996, c 188, §2]
An owner of a vessel used as a principal place of habitation holding a permit for that use in a state small boat harbor on June 9, 1976, may continue to moor the vessel in that harbor for such purpose and be permitted to obtain a new mooring permit; provided that the owner conforms to conditions set forth in sections 200-9 and 200-10.
[L 1991, c 272, pt of §2]
The department shall include a separate administrative unit which shall administer the state small boat harbors and the state comprehensive recreational boating program. The unit shall:
(1) Adopt necessary rules under section 200-4 for the purposes of this section;
(2) Organize a comprehensive recreational boating program; and
(3) Develop standard permits, and fees, for moorage in state small boat harbors to comply with section 200-10.
[L 1991, c 272, pt of §2]
[§200- 12.5] Native Hawaiian canoes; education. (a) In all state small boat harbors, the department shall accommodate the mooring of native Hawaiian canoes owned or leased by a nonprofit corporation, association, organization, or other duly chartered entity that operates native Hawaiian canoes for educational purposes.
(b) Any owner or lessee of a native Hawaiian canoe accommodated under subsection (a) shall submit to the department an annual report describing how the educational activities that were conducted during the previous year used, involved, or focused on the native Hawaiian canoe. The report shall include:
(1) A description of each educational activity;
(2) The date of each educational activity; and
(3) The number of participants in each educational activity.
(c) The chairperson may adopt rules pursuant to chapter 91 to implement this section.
[L 2013, c 243, §2]
(a) The department shall:
(1) Develop a list of minimum requirements for the marine inspection of vessels seeking permits to moor in state small boat harbors;
(2) Approve qualified marine surveyors to inspect vessels seeking permits to moor in state small boat harbors; and
(3) Approve a fee schedule for marine surveyors' inspections.
(b) Vessels failing the marine inspection for a permit or a permit renewal shall have thirty days to correct deficiencies and complete the inspection.
(c) Owners of vessels that fail the marine inspection may contest the inspection before an arbitration board of three inspectors approved by the department. The inspector who performed the original inspection shall not be a member of the arbitration board.
[L 1991, c 272, pt of §2; am L 1994, c 113, §1]
(a) This section shall apply to:
(1) All owners of vessels originally manufactured with a length of twenty-six feet or more that are:
(A) Required to be registered pursuant to section 200-31(a); or
(B) Operated in state ocean waters with a valid documentation number from the United States Coast Guard; and
(2) Owners of vessels originally manufactured with a length of less than twenty-six feet who were or are the registered owner of a grounded vessel located anywhere in the State or state ocean waters.
(b) All owners of vessels subject to this section pursuant to subsection (a) shall obtain insurance coverage with a limit of not less than $100,000 per occurrence, in a form and content to ensure that removal and salvage of a grounded vessel are covered; provided that the vessel owner may provide alternative proof of insurance, approved by the department, to comply with this section.
(c) The board of land and natural resources may grant an exemption from the marine insurance coverage requirement of this section for a transient vessel not moored in a state small boat harbor, offshore mooring area, or other facility under the jurisdiction of the department; provided that the board finds that there is good cause and that there are extraordinary circumstances necessitating the exemption.
(d) The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this section.
(e) For the purposes of this section:
"Grounded vessel" means a vessel that made contact with the bed of a body of water and cannot move from the position under its own power.
"Transient vessel" means any vessel visiting the State for a period of less than ninety days.
[L 2019, c 94, §2]
(a) Any person who violates any provision in this chapter, or rule adopted by the department, relating to boating accidents, reckless or unauthorized operation of a vessel, unauthorized mooring of a vessel, unauthorized commercial activity, unauthorized camping within state small boat harbors or boating facilities, animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities shall be guilty of a petty misdemeanor and shall be fined not more than $1,000.
(b) Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained in chapter 291D. A person found to have committed a traffic infraction shall be fined not more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation.
(c) As a condition of probation pursuant to sections 706-623 and 706-624, or as a condition to the suspension of any criminal penalties, the environmental court may provide that the defendant refrain from operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in specified geographical areas of the waters of the State.
(d) For the purposes of this section, "operate", "parasailing", "thrill craft", "vessel", "water sledding", and "waters of the State" have the same meaning as those terms are defined in section 200-23.
[L 1991, c 272, pt of §2; am L 1994, c 38, §1; am L 1997, c 204, §1; am L 2008, c 101, §4; am L 2014, c 218, §8; am L 2024, c 215, §2; am L 2025, c 47, §1]
(a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter, chapter 200A or 200D, or any rule adopted thereunder.
(b) In addition to, or as a condition to the suspension of, any administrative fines and penalties, the board may deprive the offender of the privilege of registering or titling any vessel for use on waters of the State, or mooring any vessel in any state small boat harbor, boating facility, or waters of the State, for a period of not more than twenty-four months. Each day or instance of violation shall constitute a separate offense.
(c) For all violations, the administrative fine shall be as follows:
(1) For a first violation or a violation beyond five years of a previous violation, a fine of not more than $5,000;
(2) For a second violation within five years of a previous violation, a fine of not more than $10,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $15,000.
(d) Any criminal action against a person for any violation of this chapter, chapter 200A or 200D, or any rule adopted thereunder shall not preclude the State from pursuing civil legal action to recover administrative fines, fees and costs, or damages against that person. Any civil legal action to recover administrative fines, fees and costs, or damages for any violation of this chapter, chapter 200A or 200D, or any rule adopted thereunder shall not preclude the State from pursuing any appropriate criminal action against that person. All fines, fees and costs, or damages recovered by the department under this section shall be deposited in the boating special fund.
(e) For the purposes of this section, "vessel" and "waters of the State" have the same meaning as those terms are defined in section 200-23.
[L 1999, c 41, §1; am L 2024, c 215, §3]
No person shall exercise control over a vessel or other property that is under legal custody, seizure, or detention by the department.
[L 1991, c 272, pt of §2]
(a) A vessel moored without a valid use permit or moored with a use permit that has expired or been terminated shall be deemed an unauthorized vessel in violation of this section and shall be subject to impoundment and disposal.
(b) The department shall place upon, or as near to an unauthorized vessel as possible, a notice to remove the vessel, which shall, at a minimum, indicate that the vessel is in violation of this section, the date and time the notice was posted, and that the vessel shall be removed within seventy-two hours of the time that the notice was posted; provided that if the vessel is in imminent danger of breaking up on state submerged land, a shoreline, or a coral reef, the notice shall indicate that the owner shall commence effective salvage operations within twenty-four hours of the time that the notice was posted.
(c) An unauthorized vessel may be impounded by the department at the sole risk and expense of the owner of the vessel if the vessel is not removed after the period specified in subsection (b). Calculation of the time period shall not restart if, during that period, the vessel is moved anywhere in the waters of the State or to any public property and remains in violation of this section. The owner of the vessel shall be solely responsible for all costs of the impoundment and the disposal of the unauthorized vessel. All owners of unauthorized vessels that are impounded by the department shall be responsible for paying impound storage fees to the department while the vessel remains impounded and until the time that the vessel is returned to the custody of a person entitled to possession. Impound storage fees shall be equal to the rate set by the department for vessels moored without a valid permit. Any proceeds collected by the department in relation to the impoundment and the disposal of the unauthorized vessel shall be used first to pay for the costs of impoundment and disposal, then to pay for any additional costs related to the impoundment and disposal, then to pay for any outstanding mooring fees due to the department from the owner, and then to the general fund. If the proceeds resulting from the impoundment and the disposal are inadequate to pay for all costs and mooring fees due, the owner of the unauthorized vessel shall remain liable for paying the department any and all outstanding costs and mooring fees due.
(d) Custody of an unauthorized vessel shall be returned to the person entitled to possession only upon payment in full of all fees and costs due to the department and any and all fines levied by the department or a court of competent jurisdiction. In addition, the department, within seventy-two hours of impoundment, shall send by certified mail, return receipt requested, a notice of impoundment to the registered or documented owner or any lien holder or operator of the impounded vessel on record with the department or the United States Coast Guard. The owner, lien holder, or operator of the impounded vessel shall have five working days after receipt of notice of impoundment of the vessel to request an administrative hearing. A request for an administrative hearing under this subsection shall:
(1) Be made in writing to the department;
(2) Not be deemed delivered until the time that the department receives the written request; and
(3) Be solely for the purpose of allowing the owner, lien holder, or operator of an impounded vessel to contest the basis given by the department for the impoundment of the vessel.
The administrative hearing shall be held within five working days of delivery of the written request. The department may adopt rules pursuant to chapter 91 to implement the requirement for this post-seizure administrative hearing process.
(e) Any unauthorized vessel impounded under this section that remains unclaimed for more than ten working days by the registered or documented owner, a lien holder, or operator of record may be sold by the department at public auction. If the department does not, or is unable to, sell the vessel at public auction, the department, after giving public notice of intended disposition, if that notice was not previously included in a public auction notice, may sell the vessel by negotiation, retain and use the vessel, donate the vessel to any other government agency, or dispose of the vessel as junk.
[L 1991, c 272, pt of §2; am L 1994, c 113, §2; am L 2004, c 70, §1; am L 2013, c 121, §1; am L 2021, c 218, §2]
(a) In any proceeding for violation of any statute or rule relating to the mooring of vessels, evidence of ownership including:
(1) The state registration number;
(2) The documented name or number of a vessel; or
(3) Any other identifying name or number;
affixed to a vessel involved in the violation shall create a presumption that the owner of the vessel was the person who unlawfully moored or placed the vessel at the point where, and during the time when, the violation occurred.
(b) A vessel owner may present competent evidence that the vessel was sold, transferred, or stolen, or was moored or placed in accordance with prior written permission of the State or due to an emergency berthing condition to rebut the presumption established in subsection (a).
[L 1996, c 188, §1]
(a) The department may designate one boat slip, that is not contiguous to the United States Coast Guard, in each harbor to be dedicated to a Coast Guard auxiliary vessel and designated as an auxiliary operational facility. The slip shall be occupied by a Coast Guard auxiliary vessel that shall be equipped and operated to answer emergency search and rescue calls. The Coast Guard shall pay the regular slip rate.
(b) The department may adopt rules pursuant to chapter 91 in consultation with the United States Coast Guard to implement this section.
[L 1995, c 86, §1]
(a)The department shall maintain a record of all persons adjudicated of violations under part III of chapter 291E and the period of suspension or revocation of operator privileges ordered by the director under that part.
(b) The department shall maintain a record of all persons convicted of offenses or violations under part IV of chapter 291E and the period of suspension or revocation of operator privileges ordered by the court under that part.
[L 2001, c 157, §2]
(a) Notwithstanding any law to the contrary, the board may enter into a capital advancement contract with a private party for any public improvement to or construction of a state small boat harbor, if the chairperson determines that a capital advancement contract promotes the best interest of the State by finding that:
(1) Private development is likely to be less costly than any other type of contract;
(2) Private development provides needed public improvements on a significantly more timely basis; or
(3) Public financing for the public improvements is not available on a timely basis.
(b) A capital advancement contract under subsection (a) may be financed by legislative appropriation to reimburse the private party or by credit against the private party's future rental or tariff payments to the State; provided that the terms of the contract shall ensure that the State benefits financially from the arrangement and that public use of the facility is maintained; provided further that capital advancement contracts under this section shall not be general obligations of the State for which the full faith and credit of the department is pledged and the legislature shall have no obligation to appropriate funds to reimburse a private party to a capital advancement contract.
(c) A capital advancement contract under subsection (a) shall be subject to the requirements of chapters 103 and 103D and be subject to the approval of the board; provided that all related transactions shall be subject to state audit.
(d) The board may execute capital advancement contracts pursuant to subsection (a) with a total contract value of $2,000,000 or less without legislative approval. If the total value of a capital advancement contract pursuant to subsection (a) is greater than $2,000,000 then the board shall obtain legislative approval in the form of the adoption of a concurrent resolution affirming the purpose, project, and contract issuance prior to executing the capital advancement contract. The total aggregate value of all capital advancement contracts entered into by the board pursuant to this section shall not exceed $5,000,000 in any calendar year.
(e) For the purposes of this section:
"Capital advancement contract" means an agreement between the board and a private party whereby the private party agrees to furnish capital, labor, or materials for a public improvement to or construction of a state small boat harbor and in return for which the private party may be reimbursed in a manner to be determined by the board.
"Total value" includes any contract extension, project redesign, add-ons, or any other occurrence, act, or material cost that may increase the cost of the contracted project.
[L 2001, c 285, §2]
Hawaiian outrigger canoe clubs registered with the Hawaiian Canoe Racing Association, Hui Wa`a Association, its affiliates, or its successor organization may keep their Hawaiian outrigger canoes at no charge on state shoreline areas; provided that:
(1) The club shall indemnify, hold harmless, and defend the State, its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or undertaken under this section, and shall procure sufficient insurance to provide this indemnification if requested by the department;
(2) The club shall coordinate the placement of canoes with the applicable state or county authority to appropriately accommodate all beach users; and
(3) Where required, the club shall secure an annual revocable permit from the applicable state or county agency.
[L 2005, c 220, §2]
The legislature hereby finds, determines, and declares that this part is necessary to promote and attain:
(1) The full use and enjoyment of the waters of the State;
(2) The safety of persons and the protection of property as related to the use of the waters of the State;
(3) A reasonable uniformity of laws and rules regarding the use of the waters of the State; and
(4) Conformity with, and implementation of, federal laws and requirements.
[L 1991, c 272, pt of §2]
The purpose of this part is to authorize the chairperson to adopt rules for the regulation of vessels and their use in the waters of the State, which, together with the provisions of this part, shall conform with and supplement federal laws and requirements to fully implement the declared policy of section 200-21.
[L 1991, c 272, pt of §2]
As used in this part unless the context otherwise requires:
"Boat dealer" means a person engaged wholly or partly, for gain or compensation, in the business of selling vessels or offering vessels for sale, buying or taking in vessels for the purpose of resale, or exchanging vessels.
"Boating accident" means any occurrence involving a vessel or its equipment that results in:
(1) The death of a person;
(2) The loss of consciousness by any person, the receipt of medical treatment by any person, or the incapacity of any person for more than twenty-four hours;
(3) Damage to the vessel and other property totaling more than $200; or
(4) The disappearance of a person from the vessel under circumstances that indicate possible death or injury.
"Boat livery" means the business of holding out vessels for rent, lease, or charter.
"Boat manufacturer" means a person engaged in:
(1) The manufacture, construction, or assembly of boats or associated equipment;
(2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or
(3) The importation into the United States for sale of boats, associated equipment, or components thereof.
"Certificate" means certificate of number for an undocumented vessel.
"C.F.R." means the Code of Federal Regulations.
"Coast Guard" means the Coast Guard of the United States, or its successor agency.
"Commercial high speed boating" means the use of an open power boat to provide high speed rides to passengers who pay compensation for the rides. "Commercial high speed boating" does not include:
(1) The use of an open ocean racing boat during an official racing competition; or
(2) The use of an open ocean racing boat while practicing for racing competition; provided that no passenger pays compensation for riding the boat during the practice.
"Federal laws and requirements" means all statutes, rules, and other laws of the United States, which may apply to any and all subject matter of this part, and of the rules adopted pursuant to this part.
"Length" means the measurement of a vessel from end to end over the deck.
"Open ocean racing boat" means a motorized vessel which:
(1) Is designed, modified, or restored for the primary purpose of high speed boat racing; and
(2) Has the capacity to carry not more than the operator and five passengers.
"Operate" means to navigate or otherwise use a vessel on or in the waters of the State.
"Operator" means a person who operates, or who has charge of the navigation or use of, a vessel.
"Parasailing" means the activity in which an individual is transported or carried aloft by a parachute, sail, or other material attached to a towline which is towed by a vessel.
"Person" means an individual, partnership, firm, corporation, association, or other legal entity.
"Recreational vessel" means any vessel that is being used for pleasure.
"State" means the State of Hawaii.
"Thrill craft" means any motorized vessel that falls into the category of personal watercraft, and which:
(1) Is generally less than thirteen feet in length as manufactured;
(2) Is generally capable of exceeding a speed of twenty miles per hour;
(3) Can be operated by a single operator, but may have the capacity to carry passengers while in operation; or
(4) Is designed to provide similar operating performance as a personal watercraft through a combination of small size, power plant, and hull design.
The term includes, but is not limited to, a jet ski, waverunner, wet bike, surf jet, miniature speed boat, hovercraft, and every description of vessel which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion, and is designed to be operated by a person or persons sitting, standing, or kneeling on, or being towed behind the vessel.
"Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
"Undocumented vessel" means any vessel which does not have and is not required to have a valid marine document as a vessel of the United States.
"Vessel" means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane.
"Water sledding" means the activity in which an individual is transported or carried over the surface of the water on an apparatus that is more than twelve inches wide and is attached to a towline which is towed by a vessel. If the apparatus is round with a hollow center, the width shall be measured as a straight line:
(1) Starting from a point on the outer edge of the apparatus;
(2) Bisecting the hollow center; and
(3) Ending at the farthest point on the opposite outer edge.
"Waters of the State" means any waters within the jurisdiction of the State, the marginal seas adjacent to the State, and the high seas when navigated as part of a journey or ride to or from the shores of the State.
[L 1991, c 272, pt of §2; am L 1992, c 172, §1; am L 1995, c 140, §1 and c 165, §§2, 3]
The department shall adopt rules pursuant to chapter 91 to implement the policy and purpose of this part, and to classify vessels into appropriate categories and classes.
The department shall adopt rules pursuant to chapter 91 with respect to the following:
(1) The registration and numbering of vessels;
(2) The operation, use, and equipment of vessels on or in the waters of the State;
(3) The conduct of persons involved in boating accidents and in the reporting of accidents and other casualties and losses to the department;
(4) The designation of areas of the waters of the State and time periods during which thrill craft may be operated, and waters on or above which, and time periods during which, persons may engage in parasailing, commercial high speed boating, and water sledding; provided that in designating the areas, the department shall use the official recommendation of the National Marine Fisheries Service with regard to the protection of protected marine life and habitats in adopting rules to implement this section, except as otherwise provided by law; and
(5) Procedures for a law enforcement officer to issue subpoenas or take custody of property pursuant to section 200-39(g).
[L 1991, c 272, pt of §2; am L 2023, c 232, §2]
[Repealed]
[L 2024, c 215, §6]
(a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce this part, hereinafter referred to as an enforcement officer, upon arresting a person for violation of any provision of this part, including any rule adopted pursuant to this part, in the discretion of the enforcement officer, shall either:
(1) Issue to the purported violator a summons or citation, printed in the form described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after such arrest; or
(2) Take the purported violator without unnecessary delay before a district judge.
(b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district courts.
The original of the summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.
Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.
(c) Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this part, including any rule adopted pursuant to this part, shall be guilty of a misdemeanor.
In the event any person fails to comply with a summons or citation issued to that person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against that person and secure the issuance of a warrant for the person's arrest.
(d) When a complaint is made to any prosecuting officer of the violation of any provision of this part, including any rule adopted thereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department whose name has been submitted to the prosecuting officer and who has been designated by the chairperson to administer the same.
[L 1991, c 272, pt of §2]
For the purpose of enforcement, it shall be incumbent upon the director of law enforcement and the police chief of each county to transmit to the department a copy of every investigation report submitted by the director of law enforcement and the police chief's subordinate officers which relate to boating accidents or the theft, loss, or recovery of vessels required to be registered and numbered pursuant to section 200-31.
[L 1991, c 272, pt of §2; am L 2022, c 278, §17]
(a) An operator involved in a boating accident, if and so far as the operator can do so without serious danger to the operator's own vessel, or person aboard, shall render such assistance as may be practicable and necessary to other persons and any property in order to save them from danger caused by the accident. The operator shall also make every reasonable effort to identify oneself by giving the operator's name and address and the identification of the vessel the operator was operating to:
(1) All persons injured;
(2) All owners of properties damaged; and
(3) All operators of other vessels involved in the accident.
It shall further be the operator's duty to reasonably cooperate with all duly authorized personnel of governmental agencies investigating the accident.
(b) Any person who renders assistance in compliance with subsection (a) and any person who in good faith without remuneration or expectation of remuneration renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be liable for any civil damages resulting from the person's acts or omissions in providing or arranging towage, medical treatment, or other assistance, except for damages as may result from the person's gross negligence or wanton acts or omissions.
[L 1991, c 272, pt of §2]
The operator of:
(1) Any vessel involved in a boating accident in the waters of the State; and
(2) Any vessel required to be registered, or registered, with the department and involved in a boating accident in any waters,
shall file a written report with the department truthfully setting forth all relevant information required by the department; provided that the report need not be filed with the department where the operator is required by federal laws and requirements to report the accident to the Coast Guard.
The department shall transmit information of all boating accidents to the Coast Guard as may be requested by the agency for compilation, analysis, and publication of statistics.
The accident reports required by this section shall be used only to enable the department and the Coast Guard to make findings with respect to the causes of accidents and recommendations for their prevention, and to compile information for use in making statistical reports; except that the accident reports may also be used in the prosecution of the filing of false accident reports.
[L 1991, c 272, pt of §2]
The department may enter into, amend, revise, suspend, or revoke reciprocal agreements or arrangements with appropriate and duly authorized agencies of other jurisdictions whereby vessels properly numbered and equipped under the laws and regulations of this State are granted the same or substantially similar privileges, exemptions, and benefits enjoyed by vessels properly registered and equipped in such other jurisdictions in exchange for substantially similar privileges, exemptions, and benefits granted to properly registered and equipped vessels from other jurisdictions by the State. The department by appropriate rules may define the extent and nature of privileges, exemptions, and benefits which may be extended, as a matter of courtesy, to vessels properly numbered and equipped in other jurisdictions not covered by reciprocal agreements or arrangements.
Notwithstanding the preceding language of this section, the department shall recognize the validity of a number awarded to any vessel by:
(1) Another state under a numbering system approved by the Coast Guard under appropriate federal laws and requirements; or
(2) By the Coast Guard, for a period of at least sixty days.
[L 1991, c 272, pt of §2]
(a) Every undocumented vessel shall be registered and numbered before its use or operation on or in the waters of the State on an annual basis in accordance with the rules of the department except:
(1) Foreign vessels temporarily using the waters of this State;
(2) Public vessels of the United States;
(3) Ships' life boats; and
(4) Other vessels exempted by the department, if federal laws and requirements permit the department to exempt the vessels.
(b) No vessel registration shall be renewed or transferred if:
(1) The registered owner is delinquent in payment of any moneys due and payable to the department;
(2) The registered owner has pending a citation for violation of any of the department's rules; or
(3) The registered owner's vessel is an abandoned vessel, grounded vessel, derelict vessel, unauthorized vessel, or vessel impounded under section 200-16. All fees and charges relating to the vessel impound as well as any other fees associated with the vessel shall be paid in full prior to the vessel registration being renewed or transferred.
[L 1991, c 272, pt of §2; am L 2013, c 121, §2]
(a) Except for vessels for which fees and charges are provided in subsection (b), the department shall assess and collect from the owner of each vessel required to be registered and numbered by section 200-31, the following fees and charges:
(1) Initial annual registration fee. For the issuance of an original certificate:
(A) For each vessel less than twenty feet in length, $13;
(B) For each vessel twenty feet or more in length, $25; and
(C) For each amphibious vehicle licensed as a motor vehicle, $15;
(2) Annual certificate renewal fee. For the annual renewal of a certificate:
(A) For each vessel less than twenty feet in length, $10;
(B) For each vessel twenty feet or more in length, $15; and
(C) For each amphibious vehicle licensed as a motor vehicle, $10;
(3) Reregistration fee. For the reregistration of a vessel, after a certificate has been canceled or voided, the appropriate amount provided in paragraph (1);
(4) Transfer fee. For the transfer of a certificate, $5;
(5) Certificate and registration sticker replacement fee. For the issuance of a replacement certificate or a replacement set of vessel registration stickers, $5;
(6) Certificate modification fee. For modifying a certificate, $5;
(7) Penalty charges for late registration, etc. For each month or fraction thereof that a registration, renewal, reregistration, or transfer is delinquent, one-tenth of the appropriate fee shall be added to the normal fee, and the department may take such other enforcement action it deems appropriate; and
(8) Exemptions. The department may reasonably establish, by rules, exemptions from the fees required by this section.
(b) For vessels owned by or operated under the custody or control of a boat manufacturer or boat dealer, the manufacturer or dealer shall pay, in lieu of the fees and charges provided for in subsection (a):
(1) Boat manufacturer and boat dealer annual certificate fee. For each certificate, a fee of $20;
(2) Annual certificate renewal fee. For the annual renewal of a certificate, a fee of $15;
(3) Certificate reissuance. For the reissuance of a certificate after a certificate has been canceled or voided, a fee of $20; and
(4) Certificate and registration sticker replacement fee. For the replacement of a certificate or registration sticker, a fee of $5.
[L 1991, c 272, pt of §2]
Notwithstanding section 200-32, all future fee and charge increases or decreases for vessels required to be registered and numbered pursuant to section 200-31 or for vessels owned by or operated under the custody of a boat manufacturer or boat dealer shall be established by rules adopted by the department pursuant to chapter 91. Fees and charges established pursuant to this section shall supersede the fees and charges set forth in section 200-32.
[L 1991, c 272, pt of §2]
All fees and penalties collected pursuant to sections 200-10, 200-14, 200-14.5, and 200-32, and all fees and penalties established by rules adopted pursuant to sections 200-4 and 200-24, shall be deposited in the boating special fund.
[L 1991, c 272, pt of §2; am L 2005, c 126, §2; am L 2024, c 215, §4]
This part shall be interpreted and construed in the manner best able to effectuate the general purposes of attaining uniformity in the laws of the State, and with the laws of other states and the United States.
[L 1991, c 272, pt of §2]
If any ordinance or rule of any county of the State conflicts or is inconsistent with this part or with the rules adopted pursuant thereto, the ordinance or rule shall be void.
Any county of the State, at any time, may make formal request to the chairperson for the department to adopt special rules with reference to the operation and use of vessels on any waters within its jurisdiction. The request shall set forth the reasons which make these special rules necessary or appropriate.
The department may make special rules with reference to the operation and use of vessels on any waters of the State as may be reasonably necessary to implement the declared policy of section 200-21.
[L 1991, c 272, pt of §2]
(a) No person shall operate a thrill craft unless the person is fifteen years of age or older.
(b) The department shall adopt rules to designate areas where, and time periods during which, thrill craft may be operated and parasailing, water sledding, and commercial high speed boating may be engaged in.
(c) No person shall operate a thrill craft in the waters of the State, except:
(1) In areas and during time periods designated by the department;
(2) Through areas designated by the department to serve as avenues for the ingress and egress of thrill craft between the areas designated under paragraph (1) and the shore;
(3) Authorized government personnel conducting operations approved by the department;
(4) Authorized film production permit holders conducting operations approved by the department; or
(5) When used to conduct ocean cleanup, as authorized by rules adopted by the department.
To the extent that the authorization to operate thrill craft pursuant to this subsection is inconsistent with any other law, including section 200-38, this subsection shall control.
(d) No person shall:
(1) Engage in parasailing; or
(2) Operate a motorized vessel towing a person engaged in parasailing;
on or above the waters of the State, except on or above areas and during time periods designated by the department.
(e) No person shall:
(1) Engage in water sledding; or
(2) Operate a motorized vessel towing a person engaged in water sledding;
in the waters of the State, except in areas and during time periods designated by the department.
(f) No person shall engage in commercial high speed boating or operate an open power boat capable of exceeding forty miles per hour for commercial high speed boating purposes in the waters of the State, except:
(1) In areas, along routes, and during time periods designated by the department; and
(2) In accordance with a permit issued by the department.
(g) During all weekends and state and federal holidays, no commercial operator shall operate a thrill craft, or engage in parasailing, water sledding, or commercial high speed boating, or operate a motor vessel towing a person engaged in water sledding or parasailing in Maunalua Bay on Oahu as provided for in section 200-38.
(h) On Sundays, all commercial ocean recreation activities, including those listed in this section, shall be prohibited on Oahu in Maunalua Bay as provided for in section 200-38.
(i) Between December 15 and May 15 of each year, no person shall operate a thrill craft, or engage in parasailing, water sledding, or commercial high speed boating, or operate a motor vessel towing a person engaged in water sledding or parasailing on the west and south shore of Maui as provided in section 200-38.
(j) All commercial use and operator permits issued by the department for commercial thrill craft, and parasailing activities shall be fully transferable upon the payment of a business transfer fee in an amount determined by the department, which shall be no greater than six per cent of the transfer price; provided that no more than one transfer every two years shall be authorized with respect to any given permit, except transfers between family members for the purpose of business reorganization.
(k) The department may immediately revoke a commercial use permit without a hearing for any activity that endangers or may endanger the health or safety of passengers or the public, and may suspend or revoke a commercial use permit for violation of any rules of the department if, after seventy-two hours notice by the department of the violation, the permit holder fails to cure the violation; provided that the permit holder shall have ten days from receipt of the notice of suspension or revocation to request in writing an administrative hearing. The administrative hearing is solely for the purpose of allowing the permit holder to contest the basis for the suspension or revocation of the permit. The hearing shall be held within five working days of the department's receipt of the written request. The chairperson shall adopt rules pursuant to chapter 91 to implement the procedures governing the administrative hearing process. Within ten days after the conclusion of the hearing, the department shall either:
(1) Lift the suspension;
(2) Suspend the permit for a period of not longer than one year; or
(3) Revoke the permit.
(l) All new commercial use and operator permits issued by the department for commercial thrill craft and parasailing activities after June 18, 1996 shall be issued at public auction.
(m) Each commercial use and operator permit issued by the department for commercial thrill craft and parasailing activities shall be valid for one year from the date of issuance and shall be renewed by the department for additional one-year periods; provided that the permit holder meets the following conditions:
(1) The permit holder shall be in compliance with all applicable rules of the department;
(2) The permit holder shall have timely filed and paid all applicable state taxes during the year; and
(3) The permit holder shall have a good safety record regarding the operation of a commercial thrill craft, or parasailing activity.
(n) All commercial use and operator permits issued by the department for commercial thrill craft, and parasailing activities shall be subject to an annual review by the department which shall include but not be limited to:
(1) The permit holder's compliance with applicable rules of the department;
(2) The permit holder's timely filing and payment of all applicable state taxes during the year; and
(3) The permit holder's safety record regarding the operation of a commercial thrill craft, or parasailing activity.
(o) The department shall adopt rules to encourage water safety education and programs with respect to thrill craft, or parasailing activities.
[L 1991, c 272, pt of §2; am L 1993, c 317, §§3(2), 7; am L 1995, c 140, §2; am L 1996, c 258, §1; am L 1998, c 4, §3 and c 129, §1; am L 2009, c 89, §§2, 5; am L 2013, c 118, §1; am L 2014, c 21, §§1, 2]
(a) It shall be unlawful to operate in the waters of the State beyond one mile of shore, any:
(1) Vessel required to be registered by the State or documented by the United States Coast Guard; or
(2) Manual or sail-propelled vessel not required to be registered by the State or documented by the United States Coast Guard,
unless the vessel is equipped with a properly functioning fixed mount or handheld marine VHF-FM radio (156-162 MHz band) or emergency position indicating radio beacon.
Canoes, thrill craft, surfboards, and paddleboards shall be exempt from this section. Kayaks and training sailboats shall be exempt from this section when accompanied by at least one vessel that complies with this section.
(b) Any person who violates this section shall be fined not more than $100 for each separate offense. Each day of each violation constitutes a separate offense. Any action taken to impose or collect the fine provided by this section shall be considered a civil action.
(c) As used in this section, an "emergency position indicating radio beacon" is an electronic device that, when activated, transmits a distress call on a designated emergency frequency to a radio or satellite receiver and is used by rescue personnel to locate the position of the signal. Emergency position indicating radio beacons shall be approved by the Federal Communications Commission and COSPAS-SARSAT, an international search and rescue organization. The 406 MHz class of emergency position indicating radio beacons shall be registered with the National Oceanic and Atmospheric Administration. The applicable United States Coast Guard regulations relating to emergency position indicating radio beacons shall prevail for commercial vessels.
[L 2003, c 54, §2; am L 2024, c 215, §5]
(a) Notwithstanding any other law to the contrary, no commercial operator shall operate a thrill craft, engage in parasailing, water sledding, or commercial high speed boating, operate a motorized vessel towing a person engaged in parasailing, or operate a motor vessel towing a person engaged in water sledding during all weekends and state and federal holidays on Oahu in Maunalua Bay from Kawaihoa (Portlock) Point to Wailupe Peninsula and commercial zones a, b, and c.
(b) Notwithstanding any other law to the contrary, all commercial ocean recreation activities shall be prohibited on all Sundays on Oahu in Maunalua Bay.
(c) Notwithstanding any other law to the contrary, no person shall operate a thrill craft, engage in parasailing, operate a motorized vessel towing a person engaged in parasailing, engage in commercial water sledding or commercial high speed boating, or operate a commercial motor vessel towing a person engaged in water sledding between December 15 and May 15 of each year in the waters of west and south Maui from Puu Olai to Hawea Point.
(d) The department may adopt rules pursuant to chapter 91 to further implement this section.
[L 1991, c 272, pt of §2; am L 1993, c 317, §§3(3), 7; am L 1998, c 4, §3]
(a) Any other provision of this chapter to the contrary notwithstanding, no person shall operate thrill craft, parasailing, water sledding, or commercial high speed boating unless the person meets the requirements of section 200-37 and all rules adopted by the department that regulate or restrict these activities.
(b) No person shall conduct any commercial ocean use activity within Kaneohe Bay waters without a permit issued by the department.
(c) No person shall advertise or otherwise offer any commercial ocean use activity or equipment for such activity within Kaneohe Bay waters for which the person does not have a permit from the department. Advertisement in print; by word of mouth; or online in any form, including through social media, of unpermitted commercial ocean use activities or commercial ocean recreational equipment shall be prima facie evidence that:
(1) The owner of the advertised commercial ocean use activity or commercial ocean recreational equipment disseminated or directed the dissemination of the advertisement in that form and manner; and
(2) The commercial ocean use activity or commercial ocean recreational equipment is being operated at the location advertised.
The burden of proof shall be on a person charged with a violation of this section to establish that the equipment is not being used for unpermitted commercial ocean use activity or that the person's conduct is pursuant to a permit, lease, or license issued by the department.
(d) Permits issued by the department for commercial ocean use activities in Kaneohe Bay shall be limited to the number and locations, by permit type and vessel and passenger capacity, provided in the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, until applicable rules consistent with the master plan are adopted by the department; provided that the passenger capacity for snorkeling tours and glassbottom boat tours shall be set through rules adopted pursuant to chapter 91. No thrill craft permit may be transferred after June 21, 1998; provided that transfers of permits may be made at any time between family members.
(e) On Sundays and federal holidays, all commercial ocean use activities shall be prohibited.
(f) All rules adopted by the department with regard to Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay regional council. For those provisions of the Kaneohe Bay master plan previously adopted by the legislature, the rules adopted by the department shall be in accordance with those provisions. Notwithstanding subsection (d) to the contrary, if the department determines for safety or environmental protection reasons that a permitted use should be relocated, the department may relocate the permitted use and the department shall have discretion to permit vessel substitution with a similar length vessel; provided that the increase is no greater than ten per cent of the current vessel length.
For those provisions of the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, not previously adopted by the legislature, the master plan shall be used as the recommended guideline in the adoption and implementation of rules with regard to the regulation of all activities in Kaneohe Bay.
(g) Citations for violations of this section or any rules of the department adopted pursuant to this section may be issued by any law enforcement officer. In enforcing this section, any law enforcement officer shall have the power to issue subpoenas and take legal custody of any personal property that is the subject of or related to any violation of this section or rules established by the department pursuant to this section.
(h) Property confiscated pursuant to this section may be released only upon approval by the board or a court of competent jurisdiction. Storage of confiscated property shall be at the sole risk and expense to the owner. The department may charge reasonable storage fees to the owner for storage of any property confiscated pursuant to this section.
(i) Any property confiscated pursuant to this section that remains unclaimed for more than ten working days after it has been released pursuant to subsection (h) may be sold at public auction. If the department does not, or is unable to, sell the property at public auction, the department, after giving public notice of intended disposition, if that notice was not previously included in a public auction notice, may sell the property by negotiation, retain and use the property, donate the property to any other government agency, or dispose of the property as junk.
(j) Any penalties established in rule pursuant to this section shall be separate and in addition to any other fees, charges, and fines imposed by the department.
(k) As used in this section:
"Commercial ocean recreational equipment" means thrill craft; watercraft for high-speed boating, parasailing, water sledding, sailing, snorkeling, diving tours, fishing tours, or glassbottom boat tours; kayaks; canoes; any manner of surfboards, sailboards, paddleboards, or related watercraft; or watercraft for any other similar commercial ocean activity.
"Commercial ocean use activity" means and includes:
(1) Any commercial operation of commercial ocean recreational equipment, or any other similar commercial ocean activity;
(2) Providing any commercial ocean recreational equipment for rent or hire; or
(3) Delivering for hire or pre-positioning within one thousand feet of any shoreline of Kaneohe Bay for hire, any commercial ocean recreational equipment.
"Commercial ocean use activity" shall not include commercial fishing, commercial ocean activity authorized by a permit issued by the department, or activity authorized by an existing lease or license issued by the department.
[L 1993, c 317, §§3(1), 7; am L 1998, c 4, §§2, 3 and c 129, §2; am L 2000, c 110, §1; am L 2023, c 232, §3]
No vessel more than seventy-five feet in length shall enter Hanalei Bay waters, the boundaries of which shall be defined by the board pursuant to chapter 91; provided that this section shall not apply to vessels operated by a federal, state, or county agency.
[L 2025, c 280, §2]
(a) No person shall hold a marine event, including but not limited to a regatta, marine parade, or surfing contest, without written authorization from the department; provided that the department's written authorization is not required if prior authorization has been secured from the Coast Guard.
(b) Authorization shall be in the form of a permit. All permits and permit applications shall be subject to the following:
(1) Permit applications shall be on a form prescribed by the department;
(2) Permit applications may be submitted to the department up to one year in advance of the date of a proposed event;
(3) The applicant shall submit the completed application, proof of valid insurance, and proof of approval from the land owner;
(4) The department shall use its best efforts to grant or deny a permit within thirty days of receiving a permit application;
(5) The department shall charge a fee for issuance of marine use permits under this section and collect an additional $250 nonrefundable deposit, which shall be retained by the department if the permit is canceled within sixty days of the scheduled date of the marine event;
(6) The department may issue an exclusive marine use permit to an applicant to confer upon the applicant the use of state waters and other areas under the jurisdiction of the State that have been specifically designated for use during the marine event, to the exclusion of all others who are not the applicant or event participants; provided that the department shall charge an exclusive marine use permit fee for the permit, which shall be higher than the permit fee charged pursuant to paragraph (5); and
(7) Any applicant who has been granted a permit under this section and wants to cancel the permit shall request a cancellation from the department in writing. If an applicant who has been granted a permit under this section submits a cancellation request to the department less than ninety calendar days before the scheduled date of the marine event, the department may assess a cancellation fee.
The marine use permit fee, exclusive marine use permit fee, and cancellation fee amounts to be charged by the department pursuant to this subsection shall be determined by the department.
(c) The department may adopt rules, pursuant to chapter 91, necessary to effectuate this section.
(d) As used in this section, "marine event" means an organized water event of limited duration that is conducted according to a prearranged schedule, and by its nature, circumstances, or location, will introduce extra or unusual hazards to the safety of persons or property in the waters of the State.
[L 2018, c 156, pt of §2]
[ §200-40.5] Event spectators; hazards; mitigation. The department may adopt rules, pursuant to chapter 91, to mitigate the hazards posed by vessels, thrill craft, drones, and other means used by spectators to observe or record regattas, marine parades, surfing contests, and other marine events held in the waters of the State; provided that the department shall consult the department of transportation and the Federal Aviation Administration before adopting rules regulating the use of drones.
[L 2018, c 156, pt of §2]
(a) No person shall abandon any vessel in the waters of the State or on any property, other than the property of the vessel owner, without the consent of the property owner.
(b) A vessel shall be presumed abandoned if:
(1) The vessel has been moored, anchored, or otherwise left unattended in the waters of the State or on public property for more than seventy-two hours without a valid use permit;
(2) The vessel has been left unattended on private property without authorization of the owner or occupant of the property for more than seventy-two hours;
(3) The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined;
(4) The vessel does not have a valid registration certificate or United States Coast Guard documentation and has been moored, anchored, or otherwise left unattended in the waters of the State or on public property for more than seventy-two hours; or
(5) The requirements of section 200-52 are met.
(c) The determination of whether a vessel is abandoned on public property may be made by:
(1) The chairperson, or the chairperson's authorized representative, with regard to public property under the jurisdiction of the department;
(2) Any other state department or agency through its director, with regard to public property within the department or agency's respective jurisdiction; or
(3) Any county through its mayor or the mayor's designee, or chief of police, with regard to public property within the respective county's jurisdiction; provided that the department shall provide to the respective county access to the department's vessel registration and marine document records or those of the United States Coast Guard for the purposes of this section.
Once a vessel is deemed abandoned in the waters of the State or on public property, the appropriate official under this subsection may direct and cause the vessel to be taken into custody and disposed of pursuant to, and in the manner provided in, this part. All owners of abandoned vessels that are impounded by the department shall be responsible for paying impound fees to the department while the vessel remains impounded and until the vessel is returned to the custody of a person entitled to possession or disposed of by the department. Impound storage fees shall be equal to the rate set by the department for vessels moored without a valid permit.
(d) All vessels abandoned on private property shall be the responsibility of the private property owner.
(e) Any person who abandons a vessel in the waters of the State or on public property shall be guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both, for each offense. Each day of each violation shall be deemed a separate offense. All criminal fines collected pursuant to this subsection shall be deposited into the general fund in accordance with section 706-643. It shall be an affirmative defense to prosecution that a vessel was abandoned during a national emergency declared by the President or Congress of the United States, or a state of emergency declared by the governor, or as otherwise approved in writing by the chairperson, or the chairperson's designee; provided that the defense shall be valid only for the duration of the declared emergency or written approval.
[L 1991, c 272, pt of §2; am L 2012, c 146, §1; am L 2021, c 218, §3]
(a) A state or county agency, upon taking custody of any vessel deemed abandoned pursuant to section 200-41, shall immediately post a written notice on the vessel and send a duplicate original by registered or certified mail, with a return receipt requested, to any owner registered with the department or documented by the United States Coast Guard or any lien holder or operator of the vessel on record with the department or the United States Coast Guard at their respective last known address on record with the department or the United States Coast Guard. The notice shall contain a brief description of the vessel, the location of custody, and the intended disposition of the vessel if not repossessed within ten working days after the mailing of the notice.
(b) The owner, lien holder, or operator of the vessel shall have five working days after receipt of notice of impoundment of the vessel to request an administrative hearing from the state or county agency that took custody of the vessel. A request for administrative hearing shall:
(1) Be made in writing to the state or county agency that took custody of the vessel;
(2) Not be deemed delivered until the time that the agency receives the written request; and
(3) Be solely for the purpose of allowing the owner, lien holder, or operator of an impounded vessel to contest the basis given by the agency for the impoundment of the vessel.
The administrative hearing shall be held within five working days of delivery of the written request.
[L 1991, c 272, pt of §2; am L 2004, c 70, §2; am L 2012, c 146, §2; am L 2021, c 218, §4]
Any abandoned vessel impounded under this part that remains unclaimed by the registered or documented owner, lien holder, or operator of record for more than ten working days after mailing of the notice required by section 200-42 may be sold at public auction by the state or county agency that took custody of the vessel. If the agency does not, or is unable to, sell the vessel at public auction, the agency, after giving public notice of intended disposition, may sell the vessel by negotiation, retain and use the vessel, donate the vessel to any other government agency, or dispose of the vessel as junk.
[L 1991, c 272, pt of §2; am L 1998, c 2, §54; am L 2021, c 218, §5]
Any person having an interest in the vessel taken into custody may take possession of the vessel prior to the date of public auction upon payment to the state or county agency that took custody of the vessel of all use fees, towing, handling and storage charges, appraisal and advertising expenses, and any other expenses incurred by that state or county agency in connection with the vessel. If the person taking possession of the vessel is not the registered or documented owner, the person, prior to taking possession of the vessel, shall pay the foregoing expenses and post security satisfactory to the state or county agency, which shall not exceed the value of the vessel. The security, if not forfeited, shall be returned to the person posting it within two years after receipt.
[L 1991, c 272, pt of §2; am L 2004, c 70, §3; am L 2012, c 146, §3]
[Repealed]
[L 2021, c 218, §8]
The transfer of interest by sale hereunder shall be evidenced by a bill of sale from the appropriate state or county agency, shall be considered a transfer by operation of law, and shall be governed by provisions applicable thereto.
[L 1991, c 272, pt of §2; am L 2012, c 146, §5]
A state or county agency that sells a vessel pursuant to this part shall deposit that portion of the proceeds of the sale of the vessel that represents the mooring or other fees and charges due the agency, the expenses of the auction, and any other expense incurred by the agency in taking into custody and disposing of an abandoned vessel, derelict vessel, or vessel impounded under section 200-16, into the boating special fund or other state or county fund, as appropriate, from which the expenses incurred in connection with the vessel were paid. The balance, if any, shall be deposited into the general fund of the State. The owner may recover any balance of the proceeds from the State only if the owner files a claim therefor with the department of budget and finance within one year after the execution of the bill of sale. If no claim is made within the year allowed, the money shall become a state realization. A lien holder shall receive priority in payment from the balance of the proceeds to the extent of the lien holder's lien on the vessel. If the proceeds of the sale are insufficient to cover the mooring and other fees and charges, the expenses of the auction, and the other expenses incurred by the agency in taking into custody and disposing of the vessel, the agency may bring an action for the deficiency in [an] environmental court of appropriate jurisdiction against the registered or documented owner or any person who had an interest in the vessel when custody was taken by the agency.
[L 1991, c 272, pt of §2; am L 2004, c 70, §5; am L 2012, c 146, §6; am L 2014, c 218, §8]
(a) All vessels grounded on state submerged lands, shorelines, or coral reefs shall be removed immediately by the owner or operator at the owner's or operator's expense. Damage to state or private property caused by a grounded vessel shall be the sole responsibility of the vessel's owner or operator.
(b) Solely for the purposes of removal and with no liability to the department, the department may immediately assume control of any vessel that is grounded on state submerged land, a shoreline, or a coral reef; in imminent danger of breaking up; and cannot be removed by the owner within twenty-four hours from the time the vessel was grounded; provided that this subsection shall not apply:
(1) During a national emergency declared by the President or Congress of the United States;
(2) During a state of emergency declared by the governor;
(3) If the owner or owner's representative has received notice from the department and has commenced effective salvage operations; or
(4) If otherwise approved in writing by the chairperson or the chairperson's designee.
(c) Except during a national emergency declared by the President or Congress of the United States, or a state of emergency declared by the governor, or as otherwise approved in writing by the chairperson or the chairperson's designee, vessels grounded on a sand beach, sandbar, or mudflat shall be removed by the owner or operator within seventy-two hours.
(d) Solely for the purposes of removal and with no liability to the department, the department may immediately assume control of any vessel that is grounded on a sand beach, sandbar, or mudflat; not in imminent danger of breaking up; and not removed by the owner in a manner that is reasonably safe, as determined by the department, within seventy-two hours of notification to the vessel owner or the owner's representative; provided that this subsection shall not apply:
(1) During a national emergency declared by the President or Congress of the United States;
(2) During a state of emergency declared by the governor;
(3) If the owner or owner's representative has received notice from the department and has commenced effective salvage operations; or
(4) If otherwise approved in writing by the chairperson or the chairperson's designee.
(e) Once the department assumes control of a vessel pursuant to this section, the vessel shall be removed by conventional salvage methods if possible, and if not possible, then by any means necessary to minimize damage to the natural resources and not become a hazard to navigation.
(f) All costs and expenses related to removing the vessel and damage to state or private property shall be the sole responsibility of the vessel's owner or operator. The department may take legal action to collect any costs or expenses incurred by the department for any removal under this section. All moneys collected shall be deposited into the boating special fund.
(g) Any person who renders assistance to the department when it acts pursuant to subsection (b) or (d) and any person who, in good faith and without remuneration or expectation of remuneration, renders assistance at the scene of a vessel:
(1) Grounded on state submerged land, a shoreline, or a coral reef;
(2) In imminent danger of breaking up; or
(3) Grounded on a sand beach, sandbar, or mudflat,
shall not be liable for any civil damages resulting from the person's acts or omissions in providing or arranging towage or other assistance, except for damages caused by the person's gross negligence or wanton acts or omissions.
(h) This section shall apply whether a vessel is attended or deemed derelict under section 200-48.
[L 2006, c 134, §1; am L 2008, c 96, §1; am L 2012, c 57, §1; am L 2017, c 154, §1; am L 2021, c 218, §6]
A vessel which has been left unattended for a continuous period of more than twenty-four hours is a derelict if:
(1) The vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering life or property; or
(2) The vessel has been moored or otherwise left in the waters of the State or on public property contrary to law, or rules having the force and effect of law, or the vessel has been left on private property without authorization of the owner or occupant of the property and if:
(A) The vessel's registration certificate or marine document has expired and the registered owner no longer resided at the address listed in the vessel registration or marine document records of the department or the United States Coast Guard;
(B) The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined;
(C) The vessel identification numbers and other means of identification have been removed so as to hinder or nullify efforts to locate or identify the owner; or
(D) The vessel registration records of the department and the marine document records of the United States Coast Guard contain no record that the vessel has ever been registered or documented and the owner's name or address cannot be determined.
[L 1991, c 272, pt of §2]
(a) The chairperson may cause a derelict vessel to be immediately taken into custody. Upon taking custody of a derelict vessel, the department, as soon as reasonably possible shall:
(1) Give public notice of intended disposition and procedure for requesting an administrative hearing;
(2) When possible, post a notice of intended disposition and procedure for requesting an administrative hearing on the vessel; and
(3) Serve a duplicate original of the notice of intended disposition and procedure for requesting an administrative hearing by certified mail, return receipt requested on:
(A) The registered or documented owner of the vessel, if known, at the owner's last known address on record with the department or the United States Coast Guard;
(B) All lien holders who have properly filed a financing statement, referencing the name of the registered or documented owner, in the bureau of conveyances or who are shown on the records of the department or the United States Coast Guard; and
(C) Any operator of the vessel on record with the department or the United States Coast Guard.
(b) The owner, lien holder, or operator of the vessel shall have five working days after the date of the public notice or receipt of the mailed notice, whichever occurs later, to request an administrative hearing. A request for an administrative hearing shall be made in writing to the department, shall not be deemed delivered until the time that the department receives the written request, and shall be solely for the purpose of allowing the owner, lien holder, or operator of the impounded vessel to contest the basis given by the department for the impoundment of the vessel. The administrative hearing shall be held within five working days of delivery of the written request.
(c) If the vessel is not repossessed within ten working days after the date of the public notice or mailing of the notice, whichever occurs later, the vessel may be disposed of by negotiated sale except that, when two or more purchasers indicate an interest in purchasing the vessel, the vessel shall be sold at public auction to the highest bidder. If no purchaser expresses a desire to purchase the vessel, the vessel may be destroyed or donated to any governmental agency.
[L 1991, c 272, pt of §2; am L 1998, c 2, §55; am L 2004, c 70, §6; am L 2021, c 218, §7]
When any person abandons a vessel upon the premises of a vessel repair business, a private marina, a yacht club, or other private property, the owner of the vessel repair business or private marina, or the owner's representative; the designated representative of the yacht club; or the owner of other private property, may sell or dispose of the vessel in accordance with this part.
[L 1991, c 272, pt of §2; am L 1999, c 232, §2; am L 2012, c 146, §8]
A vessel shall be deemed to be abandoned upon satisfaction of all the following conditions:
(1) The service requested or required by a person whose vessel is navigated, towed, or brought to a vessel repair business, private marina, or yacht club, such as mooring, storage, towing, and rendering estimates of the cost of repairs, has been performed;
(2) No authorization is given to perform any further service respecting the vessel, or to allow mooring, or storage, but the vessel is left on the repair business, private marina, or yacht club premises;
(3) The owner of the repair business or private marina, or the owner's authorized representative, or the designated representative of the yacht club, has given notice by registered or certified mail, to the registered owner of the vessel at the address on record at the vessel repair business, private marina, or yacht club, and the address on record at the department or United States Coast Guard, and to any person with a recorded interest in the vessel stating that, if the vessel is not repossessed within thirty days after the mailing of the notice, it will be sold or disposed of. The notice also shall contain a description of the vessel and its location. The notice need not be sent to an owner or any person with an unrecorded interest in the vessel whose name or address cannot be determined and, absent evidence to the contrary, a notice shall be deemed received by the legal or registered owner five calendar days after the mailing; and
(4) The vessel is not repossessed within the thirty-day period.
[L 1991, c 272, pt of §2; am L 1999, c 232, §3; am L 2012, c 146, §9]
When a vessel is abandoned, the owner of the vessel repair business or private marina, or the owner's authorized representative; the designated representative of the yacht club; or the owner of other private property, after one public advertisement in a newspaper of general circulation in the State, may negotiate a sale of the vessel or dispose of it; provided that the vessel shall not be sold or disposed of less than five calendar days after the publication of the advertisement. Upon the sale or disposal of the vessel under this part, the owner of the vessel repair business or private marina, or the owner's authorized representative; the designated representative of the yacht club; or the owner of other private property, shall file an affidavit with the department stating to whom the vessel was sold or, if the vessel was not sold, the manner in which the vessel was disposed of pursuant to this part.
[L 1991, c 272, pt of §2; am L 1999, c 232, §4; am L 2012, c 146, §10]
The authorized seller of the vessel shall be entitled to the proceeds of the sale to the extent of the compensation that is due the seller for services rendered in connection with the vessel, including reasonable and customary charges for towing, handling, and storage, and the cost of notices and advertising required by this part. A lien holder shall receive priority in payment from the balance to the extent of the lien holder's lien. Any remaining balance shall be forwarded to the registered owner of the vessel, if the registered owner can be found. If the registered owner cannot be found, the balance shall be deposited with the director of finance of the State and shall be paid out to the registered owner of the vessel, if a proper claim is filed thereof within one year from the execution of the sale agreement. If no claim is made within the year allowed, the money shall become a state realization.
[L 1991, c 272, pt of §2]
The transfer of title and interest by sale under this part is a transfer by operation of law; provided that a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest.
[L 1991, c 272, pt of §2]
As used in this part:
"Enforcement officer" means a police officer and any other state or county officer charged with the enforcement of state laws.
"Vessel" means every description of watercraft used or capable of being used as a means of transportation on water.
"Waters of the State" means any waters within the jurisdiction of the State, the marginal seas adjacent to the State, and the high seas when navigated as part of a journey or ride to or from the shores of the State.
[L 1991, c 272, pt of §2]
Whoever, without right, boards or remains in or upon any vessel of another within the waters of the State shall be guilty of a misdemeanor.
[L 1991, c 272, pt of §2]
An enforcement officer may detain any person found upon a vessel under circumstances as reasonably justify a suspicion that the person boarded without permission for the purpose of demanding, and may demand of the person, the person's name, address, and the nature of the person's business upon the vessel. If the enforcement officer has reason to believe that the person has no right to be upon the vessel, the enforcement officer may arrest the person without a warrant on the charge of violating section 200-62.
[L 1991, c 272, pt of §2]
As used in this part, "hull" means the shell, frame, or body of a vessel, exclusive of masts, yards, sails, riggings, machinery, and equipment.
[L 1991, c 272, pt of §2]
No person shall wilfully deface, destroy, remove, or alter the vessel hull identification number which is carved, burned, stamped, embossed, or otherwise permanently affixed to the hull of a vessel by the manufacturer, or by the owner in the case of restoration, for the purpose of identifying the hull. This section does not prohibit the restoration by an owner of an original number when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business, numbers or marks upon new hulls.
[L 1991, c 272, pt of §2]
No person shall possess a vessel or hull, knowing that the vessel hull identification number, placed on the same by the manufacturer or the owner for the purpose of identification, has been changed, altered, erased, or mutilated for the purpose of changing the identity of the vessel or hull thereof. Any vessel or hull from which the vessel hull identification number carved, burned, stamped, embossed, or otherwise permanently affixed to the hull by the manufacturer or by the owner, has been removed, defaced, or altered shall be caused by the chairperson to be taken into custody and, if not identified, disposed of pursuant to part III. If identified, the chairperson shall:
(1) Notify the owner at the owner's last known address or the address shown on the records of the department or United States Coast Guard, and all lien holders who have properly filed a financing statement, referencing the name of the registered owner, in the bureau of conveyances or who are shown on the records of the department or United States Coast Guard;
(2) Authorize restoration of the original vessel hull identification number or if unknown, assign a new number; and
(3) Restore the vessel or hull to the owner upon payment to the State of all costs and expenses incurred by the State causing the vessel to be taken into custody.
[L 1991, c 272, pt of §2]
Any person who violates this part shall be guilty of a misdemeanor.
[L 1991, c 272, pt of §2]
L 2000, c 189, §27.
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