THE SENATE	S.B. NO.	1142
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO WHALES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§200- Vessel operations; speed; humpback whales. (a) A person operating a vessel within the waters of the State:

(1) Shall not operate the vessel at a speed exceeding fifteen knots when the vessel is within yards of a humpback whale;

(2) Shall not operate the vessel at a speed exceeding six knots when the vessel is within four hundred yards of a humpback whale;

(3) Shall ensure that another person on the vessel is acting as a lookout to prevent collisions with humpback whales when the vessel is within yards of a humpback whale; and

(4) Shall operate the vessel in a manner that is reasonable and prudent to avoid collision with a humpback whale, considering the time of day, time of year, and other relevant factors.

(b) This section shall not be construed to preempt any rule adopted pursuant to chapter 91 that is more restrictive with respect to the speed or operation of a vessel in proximity to a humpback whale."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

State Waters; Whales; Boats; Vessels; Speed; Restrictions

Description:

Places certain requirements and speed restrictions on the operation of water vessels in proximity to humpback whales.

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