§200-1 Definitions. As used in this chapter, unless the context otherwise requires: “Beaches encumbered with easements in favor of the public” means any lands which lie along the shores of the State which are now, or may hereafter be, encumbered by easements granted in favor of the public for bathing, swimming, or other similar or […]
§200-10 Permits and fees for state small boat harbors; permit transfers. (a) No person shall moor a vessel in a state small boat harbor without: (1) First obtaining a use permit from the department; and (2) Being the owner of the vessel. (b) In order to obtain a permit or a permit renewal, the owner […]
§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 […]
§200-11 Existing permits. An owner of a vessel used as a principal place of habitation holding a permit for that use in a state small boat harbor on June 9, 1976, may continue to moor the vessel in that harbor for such purpose and be permitted to obtain a new mooring permit; provided that the […]
§200-12 Administration of state small boat harbors. The department shall include a separate administrative unit which shall administer the state small boat harbors and the state comprehensive recreational boating program. The unit shall: (1) Adopt necessary rules under section 200-4 for the purposes of this section; (2) Organize a comprehensive recreational boating program; and (3) […]
§200-12.5 Native Hawaiian canoes; education. (a) In all state small boat harbors, the department shall accommodate the mooring of native Hawaiian canoes owned or leased by a nonprofit corporation, association, organization, or other duly chartered entity that operates native Hawaiian canoes for educational purposes. (b) Any owner or lessee of a native Hawaiian canoe accommodated […]
§200-13 Marine inspections. (a) The department shall: (1) Develop a list of minimum requirements for the marine inspection of vessels seeking permits to moor in state small boat harbors; (2) Approve qualified marine surveyors to inspect vessels seeking permits to moor in state small boat harbors; and (3) Approve a fee schedule for marine surveyors’ […]
§200-13.5 Vessel insurance. (a) This section shall apply to: (1) All owners of vessels originally manufactured with a length of twenty-six feet or more that are: (A) Required to be registered pursuant to section 200-31(a); or (B) Operated in state ocean waters with a valid documentation number from the United States Coast Guard; and (2) […]
§200-14 Violation of rules; penalty. (a) Except as provided in subsection (b), any person who violates any rule adopted by the department under this part or who violates this part, shall be fined not more than $1,000 or less than $50 for each violation, and any vessel, the agents, owner, or crew of which violate […]
§200-14.5 General administrative penalties. (a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney’s fees and costs, or bring legal action to recover administrative fines and fees and costs, including attorney’s fees and costs, or payment for damages […]
§200-15 Vessels or property taken into legal custody; unauthorized control. No person shall exercise control over a vessel or other property that is under legal custody, seizure, or detention by the department. [L 1991, c 272, pt of §2]
§200-16 Unauthorized vessels; impoundment and disposal proceedings. (a) A vessel moored without a valid use permit or moored with a use permit that has expired or been terminated shall be deemed an unauthorized vessel in violation of this section and shall be subject to impoundment and disposal. (b) The department shall place upon, or as […]
§200-16.5 Responsibility of vessel owner; evidence of unauthorized mooring. (a) In any proceeding for violation of any statute or rule relating to the mooring of vessels, evidence of ownership including: (1) The state registration number; (2) The documented name or number of a vessel; or (3) Any other identifying name or number; affixed to a […]
§200-17 Designated slip for Coast Guard auxiliary. (a) The department may designate one boat slip, that is not contiguous to the United States Coast Guard, in each harbor to be dedicated to a Coast Guard auxiliary vessel and designated as an auxiliary operational facility. The slip shall be occupied by a Coast Guard auxiliary vessel […]
§200-18 Records of suspensions and revocations of operating privileges to be maintained. (a) The department shall maintain a record of all persons adjudicated of violations under part III of chapter 291E and the period of suspension or revocation of operator privileges ordered by the director under that part. (b) The department shall maintain a record […]
§200-19 Private financing of small boat harbor improvements. (a) Notwithstanding any law to the contrary, the board may enter into a capital advancement contract with a private party for any public improvement to or construction of a state small boat harbor, if the chairperson determines that a capital advancement contract promotes the best interest of […]
§200-2 Board of land and natural resources, powers and duties. (a) The board shall have the primary responsibility for administering the ocean recreation and coastal areas programs and performing the functions heretofore performed by the department of transportation and the department of public safety in the areas of boating safety, conservation, search and rescue, and […]
§200-2.5 Disposition of state boating facility properties. (a) Notwithstanding any law to the contrary, the board may lease fast lands and submerged lands within an existing state boating facility by public auction, a request for proposals, or by direct negotiation pursuant to section 171-59 and chapter 190D, for private development, management, and operation; provided that […]
§200-2.6 Ala Wai boat harbor; leases. The fast lands and submerged lands of the Ala Wai boat harbor that may be leased include the following: (1) All fast lands and submerged lands described in the request for qualifications or request for proposals issued by the division of boating and ocean recreation of the department on […]
§200-20 Hawaiian outrigger canoes on state shoreline areas. Hawaiian outrigger canoe clubs registered with the Hawaiian Canoe Racing Association, Hui Wa €˜a Association, its affiliates, or its successor organization may keep their Hawaiian outrigger canoes at no charge on state shoreline areas; provided that: (1) The club shall indemnify, hold harmless, and defend the State, […]
