SB2818 SD2

SECTION 1. The legislature finds that small boat harbors and boating facilities are some of the most heavily utilized facilities in the State, for commercial and non-commercial use and by residents and tourists alike. The division of conservation and resources enforcement of the department of land and natural resources is responsible for enforcing all statutes and administrative rules under the department's jurisdiction but spends a large part of its time responding to violations in small boat harbors and boating facilities.

The legislature also finds that enforcement efforts at small boat harbors and boating facilities are necessary to ensure public health and safety and to prevent vandalism, theft, trespassing, and squatting. The legislature believes that stricter penalties are needed to deter violators and repeat offenders.

Accordingly, the purpose of this Act is to clarify penalties for violations of boating and ocean recreation laws.

SECTION 2. Section 200-14, Hawaii Revised Statutes, is amended to read as follows:

"§200-14 Violation of chapter or rules; penalty. (a) Any person who violates any provision in this chapter, or any rule adopted by the department, relating to [boating accidents, reckless or unauthorized operation of a vessel, unauthorized mooring of a vessel, unauthorized commercial activity, unauthorized camping within state small boat harbors or boating facilities, animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities shall be guilty of a petty misdemeanor and shall be fined not more than $1,000.] the following shall be guilty of a petty misdemeanor and shall be fined not more than $1,000, imprisoned for not more than thirty days, or both:

(1) Boating accidents and boating accident reporting requirements;

(2) Diver's flag display requirements;

(3) Vessel or thrill craft speed restrictions;

(4) Personal flotation device requirements;

(5) Reckless or careless operation of a vessel or thrill craft;

(6) Operating a vessel or thrill craft without valid mandatory safety education;

(7) Operating a vessel or thrill craft without insurance coverage required by section 200-13.5;

(8) Unauthorized mooring, anchoring, or storage of a vessel or thrill craft;

(9) Unauthorized operation or control of a vessel or thrill craft;

(10) Unauthorized commercial activity within state small boat harbors, boating facilities, or state ocean waters;

(11) Unauthorized camping within state small boat harbors or boating facilities;

(12) Unauthorized access to restricted areas within state small boat harbors or boating facilities;

(13) Serving, sale, consumption, or possession of intoxicating liquor within state small boat harbors or boating facilities, except where permitted by law or rule;

(14) Operating a vessel or thrill craft under the influence of an intoxicant, as defined in section 291E-1;

(15) Falsifying a permit, vessel title, or vessel registration issued under this chapter, chapter 200A, or any rules adopted thereunder, with intent to avoid compliance, or conceal or misrepresent the identity of a permittee, vessel, or owner; or

(16) Animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities.

(b) Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained in chapter 291D. A person found to have committed a traffic infraction shall be fined not more than:

(1) $100 for a first violation;

(2) $200 for a second violation; and

(3) $500 for a third or subsequent violation.

(c) As a condition of probation pursuant to sections 706-623 and 706-624, or as a condition to the suspension of any criminal penalties, the environmental court may provide that the defendant refrain from operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in specified geographical areas of the waters of the State[.] for a period not to exceed twelve months.

(d) For the purposes of subsection (a)(8) through (a)(13), conduct shall only be considered unauthorized when that conduct is prohibited or conditioned by:

(1) Statute;

(2) A rule adopted by the department;

(3) A permit, lease, revocable permit, or written authorization issued by the department; or

(4) A posted restriction or written order of the department that provides reasonable notice of the prohibited conduct.

[~~(d)~~] (e) For the purposes of this section[~~, "operate", "parasailing", "thrill craft", "vessel", "water sledding", and "waters of the State" have the same meaning as those terms are defined in section 200-23.~~]:

"Operate" has the same meaning as defined in section 200-23.

"Parasailing" has the same meaning as defined in section 200-23.

"Restricted area" means an area within a state small boat harbor or boating facility that is designated as restricted by the department by rule or written order, and that is reasonably identified to the public by signage or physical markings at points of entry, except when temporary restriction is required for emergency operations or imminent public safety hazards.

"Thrill craft" has the same meaning as defined in section 200-23.

"Vessel" has the same meaning as defined in section 200-23.

"Water sledding" has the same meaning as defined in section 200-23.

"Waters of the State" has the same meaning as defined in section 200-23."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	2818
THIRTY-THIRD LEGISLATURE, 2026		S.D. 2
STATE OF HAWAII