[SUBTITLE 8

[SUBTITLE 8.] OCEAN RECREATION AND

COASTAL AREAS

Note

Subtitle added by L 1991, c 272, §2.

CHAPTER 200

OCEAN RECREATION AND COASTAL AREAS PROGRAMS

Part I. General Provisions

Section

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

200-3.5 Prohibited commercial activities on certain beaches;

administrative fine

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

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

Part II. Boating Law

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 commercial ocean use activities; permits;

restrictions

200-40 Marine events; permits; exclusive use; cancellation

fee

200-40.5 Event spectators; hazards; mitigation

Part III. Abandoned Vessels on Public and 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

Part IV. Vessels Abandoned on Premises of Persons

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

Part V. Trespass to Vessel

200-61 Definitions

200-62 Trespass to vessel; penalty

200-63 Questioning and detaining suspected persons aboard

a vessel

Part VI. Vessel Identification Numbers

200-71 Hull, defined

200-72 Defacing, etc., vessel hull identification numbers

200-73 Unlawful to possess certain vessels or hulls

200-74 Penalty

Part VII. Alcohol and Boating Safety--Repealed

200-81 to 96 Repealed

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.

Case Notes

Mooring and anchoring fees imposed by state regulations not an unconstitutional duty of tonnage. 42 F.3d 1185 (1994).

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 (1994).

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 (1994).

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 (1994).

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 (1994).

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 (2003).

Constitutionality of mooring regulations, discussed. 823 F. Supp. 766 (1993).

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 (1999).

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 (1999).

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 (2001).

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 (2001).

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 (2001).

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 (2006).