2021 Hawaii Revised Statutes
Title 12. Conservation and Resources
200. Ocean Recreation and Coastal Areas Programs
- 200-1 Definitions.
- 200-2 Board of land and natural resources, powers and duties.
- 200-2.5 Disposition of state boating facility properties.
- 200-2.6 Ala Wai boat harbor; leases.
- 200-3 Ocean recreation and coastal areas programs.
- 200-4 Rules.
- 200-4.5 Safety of ocean users; rules.
- 200-4.6 Alternate access to state boating facilities; rules.
- 200-5 Commercial harbors excluded.
- 200-6 Limitation of private use of ocean waters and navigable streams.
- 200-7 Waiver of mooring charges
- 200-8 Boating program; payment of costs.
- 200-9 Purpose and use of state small boat harbors.
- 200-10 Permits and fees for state small boat harbors; permit transfers.
- 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]
- 200-11 Existing permits.
- 200-12 Administration of state small boat harbors.
- 200-12.5 Native Hawaiian canoes; education.
- 200-13 Marine inspections.
- 200-13.5 Vessel insurance.
- 200-14 Violation of rules; penalty.
- 200-14.5 General administrative penalties.
- 200-15 Vessels or property taken into legal custody; unauthorized control.
- 200-16 Unauthorized vessels; impoundment and disposal proceedings.
- 200-16.5 Responsibility of vessel owner; evidence of unauthorized mooring.
- 200-17 Designated slip for Coast Guard auxiliary.
- 200-18 Records of suspensions and revocations of operating privileges to be maintained.
- 200-19 Private financing of small boat harbor improvements.
- 200-20 Hawaiian outrigger canoes on state shoreline areas.
- 200-21 Declaration of policy.
- 200-22 Purpose.
- 200-23 Definitions.
- 200-24 Rules.
- 200-25 Fines and penalties.
- 200-26 Arrest or citation.
- 200-27 Police reports.
- 200-28 Duty of operator involved in, and at the scene of, a boating accident; limitations on liability.
- 200-29 Accident reports by operators; confidential nature.
- 200-30 Reciprocal agreements and courtesy.
- 200-31 Vessels required to be registered and numbered.
- 200-32 Fees and charges.
- 200-33 Future fee and charge increases or decreases.
- 200-34 Disposition of revenues.
- 200-35 Uniformity.
- 200-36 Preemption of local law and special rules.
- 200-37 Operation of thrill craft; parasailing; water sledding; commercial high speed boating.
- 200-37.5 Emergency communication devices.
- 200-38 Ocean recreation management areas.
- 200-39 Kaneohe Bay ocean use activities; permits; restrictions.
- 200-40 Marine events; permits; exclusive use; cancellation fee.
- 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]
PRIVATE PROPERTY GENERALLY
- 200-41 Abandonment of vessels.
- 200-42 Notice to owner.
- 200-43 Public auction; disposition of abandoned vessels.
- 200-44 Possession by interested party.
- 200-45 REPEALED.
- 200-46 Effect of sale.
- 200-47 Disposition of proceeds.
- 200-47.5 Vessels aground.
- 200-48 Derelict vessel.
- 200-49 Disposition of derelict vessel.
ENGAGED IN REPAIR BUSINESS, PRIVATE MARINAS,
YACHT CLUBS, OR ON OTHER PRIVATE PROPERTY
- 200-51 Disposition of vessels abandoned on the premises of a vessel repair business, private marina, yacht club, or other private property.
- 200-52 When vessel deemed abandoned on the premises of a vessel repair business, private marina, or yacht club.
- 200-53 Sale or disposition of vessel.
- 200-54 Disposition of proceeds.
- 200-55 Effect of transfer of title.
- 200-61 Definitions.
- 200-62 Trespass to vessel; penalty.
- 200-63 Questioning and detaining suspected persons aboard a vessel.
Cross References
Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see 663-1.56.
Enforcement, see 199-3.
Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.
Recreational activity liability, see 663-10.95.
Case Notes
Mooring and anchoring fees imposed by state regulations not an unconstitutional duty of tonnage. 42 F.3d 1185.
No commerce clause violation by state anchoring and mooring regulations where State's interest in having regulations for public safety is substantial and there is little burden on interstate commerce. 42 F.3d 1185.
No implied preemption of state mooring and anchoring regulations where congressional intent to preempt state action is not clearly manifest, federal regulation has not occupied the field of navigation, and federal interest in navigation is not so dominant as to assume federal preemption of state laws. 42 F.3d 1185.
No preemption of state mooring and anchoring regulations by Submerged Lands Act where there was no actual conflict between federal Act and Hawaii's regulations. 42 F.3d 1185.
Small boat harbor mooring and anchoring regulations imposing higher fees on nonresidents than residents not violative of equal protection clause of Fourteenth Amendment. 42 F.3d 1185.
State regulation that prohibited commercial tour boat operators from operating their tour boats in Hanalei Bay, in conjunction with relevant federal shipping laws, violated the supremacy clause. 340 F.3d 1053.
Constitutionality of mooring regulations, discussed. 823 F. Supp. 766.
Hawaii regulatory scheme not preempted by federal law, where plaintiff failed to demonstrate that Congress intended to occupy entire field of navigation, and there was significant evidence to the contrary; and there was no actual conflict between the Hawaii regulations and federal law; Hawaii regulatory scheme did not implicate commerce clause. 57 F. Supp. 2d 1028.
State and department of land and natural resources immune from suit, where plaintiff sought to enjoin State and city and county of Honolulu from implementation or enforcement of any and all state statutes and city ordinances that might apply to the business that plaintiff claimed to be developing, involving a commercial boating activity on the Ala Wai canal; plaintiff lacked standing; plaintiff's case not ripe for adjudication. 57 F. Supp. 2d 1028.
Division of boating and ocean recreation's assessment of a two per cent ocean recreation management area fee against vessel was an impermissible tax in violation of prohibition against tonnage duties; two per cent use fee assessed other vessel was not a prohibited duty of tonnage. 195 F. Supp. 2d 1157.
Having created a permit structure for commercial vessels, having issued and reissued such permits in the past, and having promised plaintiff renewal, division of boating and ocean recreation violated the due process clause by summarily withholding the promised "vessel moored elsewhere" permit for reasons that were undisclosed or tested through a fair administrative hearing process. 195 F. Supp. 2d 1157.
Two per cent use fee did not violate right to substantive due process of plaintiff, a corporation engaged in offering boating excursions from state boating facilities on the island of Kauai. 195 F. Supp. 2d 1157.
No private right of action for damages existed for commercial tour boat operators under Kauai county's special management area rules (Hanalei Estuary Management Plan) or under Hawaii administrative rules, chapter 256, entitled "Ocean Recreation Management Rules and Areas", as promulgated under chapter 205A and this chapter, respectively, where both rules were not promulgated with the objective of protecting business interests or competition, but rather with the objective of protecting and preserving the environment for the general public. 110 H. 302, 132 P.3d 1213.
