19-42-56

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 42
VESSEL AND HARBOR CONTROLS
SUBCHAPTER 2
SMALL CRAFT AND SMALLER COMMERCIAL VESSELS
§19-42-56 Removal and impoundment procedures. The department may impound
and remove or dispose, or engage others to impound and remove or dispose, from
the harbor, or from a particular berth, any vessel whose presence is contrary to
law, or these rules or when the department deems it necessary to protect persons
using the harbor, facilities owned by the State, or the property of other persons
that may be lawfully within the confines of the harbor. Vessels in the harbor
illegally, or under a permit which has expired or which has been revoked may be
impounded and removed after the appropriate seventy-two hour notification
period elapses as delineated in section 19-42-55; except that where there is an
imminent peril to life, property, or to public health and safety, notice to the owner
is not required.
Any vessel whose presence creates a danger to persons or property may be
impounded immediately. Where circumstances allow, the department shall notify
the vessel's owner by certified mail, by posting a notice on or as near to the vessel
as possible, by personal service or in any other reasonable manner, to effect the
removal of the vessel within seventy-two hours or a reasonable time set by the
department. If the vessel's owner cannot be identified, located, or notified, or the
owner does not comply with the order to remove the vessel, the department may
proceed to remove the vessel. If no emergency exists, an independent marine
surveyor shall be engaged to inspect the vessel and to certify its seaworthiness
prior to its removal. An inventory of loose property shall be conducted and easily
removed property shall be removed for safekeeping. The vessel's owner shall be
responsible for all costs of removal and impoundment.
Appropriate fees and charges stemming from impoundment and removal shall be
charged to the boat owner. Custody of the offending vessel shall not be released
until all fees including costs of removal and storage, and fines levied by a court
are paid.
Any action taken by the department to impound and remove the vessel or
contrivance and/or remove any property or personal articles located on board the
offending vessel, including its tackle, apparel, fixtures, equipment, and
furnishings, shall be at the sole cost and risk to the owner.
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 owner or operator and/or all lien holder(s) of record of any impounded
vessel. The owner or operator of an impounded vessel shall have ten days after
receipt of the notice of impoundment of the vessel to request in writing an
administrative hearing. The administrative hearing is solely for the purpose of
allowing the owner or operator of an impounded vessel to contest the basis given

by the department for the impoundment of the vessel. The administrative hearing
must be held within five days, or such longer period as may be allowed by statute,
of the department's receipt of the written request excluding Saturdays, Sundays
and holidays designated under Section 8-1. The procedures for the adminstrative
hearing are contained in sections 19-42-57 and 19-42-57.1 of these rules. [Eff
5/20/82; am and comp 2/26/96] (Auth: HRS §§266-2, 266-3, 266-27) (Imp: HRS
§§266-2, 266-3)