2013 Hawaii Revised Statutes
TITLE 12. CONSERVATION AND RESOURCES
200. Ocean Recreation and Coastal Areas Programs
200-47.5 Vessel aground on state property.

Note

L 2012, c 146, §12, with respect to amendments to this part, provides:

"SECTION 12. This Act shall take effect on July 1, 2012; provided that county responsibility under this Act for each county shall commence:

(1) Upon a county's access to vessel registration and marine document records of the department of land and natural resources or the United States Coast Guard as required in section 200-41, Hawaii Revised Statutes, in section 1 of this Act; or

(2) On January 1, 2013;

whichever is earlier."

§200-47.5 Vessel aground on state property. (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. Vessels grounded on a sand beach, sandbar, or mudflat and not in imminent danger of breaking up shall be removed within seventy-two hours, unless otherwise agreed to by the department. 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 assume control of any vessel that:

(1) Is grounded on a coral reef or in imminent danger of breaking up; and

(2) Cannot be immediately removed by the owner within twenty-four hours of actual notification to the vessel owner or the owner's representative by the department and in a manner that is reasonably safe, as determined by the department. If the department has made good faith efforts to provide actual notice to the owner or the owner's representative but such actual notice is futile, the department may assume control of the grounded vessel within twenty-four hours from the time it has been determined actual notice is futile. If the owner's representative has received actual notice from the department and has commenced effective salvage operations, this section shall not apply.

The owner of the vessel may continue as the primary agent in salvaging the vessel after twenty-four hours upon providing proof of a marine insurance policy listing the State as an additional insured in the amount of at least $1,000,000 and proof that the owner is actively and effectively initiating a salvage effort with reasonable evidence, as determined by the department, that the vessel may be saved within seventy-two hours of grounding; provided that the department may allow an extension beyond the seventy-two hour limit if it determines that no additional environmental damage exists. Once the department assumes control over the vessel, the vessel shall be removed by conventional salvage methods to minimize damage to the natural resources and not become a hazard to navigation. All costs and expenses of removing the vessel and damage to state or private property shall be the sole responsibility of the vessel's owner or operator. This section shall apply whether the vessel is attended or deemed derelict under section 200-48.

(c) 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 in the boating special fund.

(d) Any person who renders assistance to the department when it acts pursuant to subsection (b) and any person who, in good faith and without remuneration or expectation of remuneration, renders assistance at the scene of a vessel grounded on a coral reef or in imminent danger of breaking up 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. [L 2006, c 134, §1; am L 2008, c 96, §1; am L 2012, c 57, §1]