[PART I.  GENERALLY]

Revision Note

  Part I designation added by revisor in view of addition of Part II by L 1980, c 126, §2.

     §266-1  Department of transportation; harbors; jurisdiction.  All commercial harbors and roadsteads, and all commercial harbor and waterfront improvements belonging to or controlled by the State, and all vessels and shipping within the commercial harbors and roadsteads shall be under the care and control of the department of transportation.

     For the purpose of this chapter, "commercial harbor" means a harbor or off-shore mooring facility which is primarily for the movement of commercial cargo, passenger and fishing vessels entering, leaving, or traveling within the State, and facilities and supporting services for loading, off-loading, and handling of cargo, passengers, and vessels. [L 1911, c 163, §1; am L 1915, c 169, §1; ratified, March 28, 1916, c 54, 39 Stat 39; RL 1925, §832; RL 1935, §1730; am L 1941, c 142, §1; RL 1945, §4981; am L 1951, c 22, §1; RL 1955, §112-1; am L Sp 1959 2d, c 1, §26; HRS §266-1; am L 1985, c 104, §1; am L 1986, c 57, §1; am L 1991, c 272, §8]

Cross References

  Functions, generally, see §26-19.

Attorney General Opinions

  Title to land formerly below high-water mark reclaimed by riparian owner belongs to State.  Att. Gen. Op. 62-16.

Case Notes

  State has care and control of all water and ocean below the high-water mark (or vegetation line).  66 H. 55, 656 P.2d 1336 (1982).

  Cited:  73 H. 359, 833 P.2d 70 (1992).