HOUSE OF REPRESENTATIVES

H.B. NO.

1126

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VESSELS AGROUND.

 

 

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

 


     SECTION 1.  Section 200-47.5, Hawaii Revised Statutes, is amended to read as follows:

     "§200-47.5  Vessels aground [on state property].  (a)  All vessels grounded on state submerged lands, shorelines, or coral reefs shall be removed immediately by the owner or operator at the owner's or operator's expense.  [Vessels grounded on a sand beach, sandbar, or mudflat and not in imminent danger of breaking up shall be removed within seventy-two hours, unless otherwise agreed to by the department.]  Damage to state or private property caused by a grounded vessel shall be the sole responsibility of the vessel's owner or operator.

     (b)  Solely for the purposes of removal and with no liability to the department, the department may assume control of any vessel that[:

     (1)  Is] is grounded on state submerged land, a shoreline, or a coral reef or in imminent danger of breaking up[;] and

     (2)  Cannot be immediately removed by the owner within twenty-four hours of actual notification to the vessel owner or the owner's representative by the department and in a manner that is reasonably safe, as determined by the department.  If the department has made good faith efforts to provide actual notice to the owner or the owner's representative but such actual notice is futile, the department may assume control of the grounded vessel within twenty-four hours from the time it has been determined actual notice is futile.  If the owner's representative has received actual notice from the department and has commenced effective salvage operations, this section shall not apply.

     The owner of the vessel may continue as the primary agent in salvaging the vessel after twenty-four hours upon providing proof of a marine insurance policy listing the State as an additional insured in the amount of at least $1,000,000 and proof that the owner is actively and effectively initiating a salvage effort with reasonable evidence, as determined by the department, that the vessel may be saved within seventy-two hours of grounding; provided that the department may allow an extension beyond the seventy-two hour limit if it determines that no additional environmental damage exists.] cannot be removed by the owner within twenty-four hours from the time the vessel is grounded.

     (c)  Vessels grounded on a sand beach, sandbar, or mudflat and not in imminent danger of breaking up shall be removed within seventy-two hours, unless otherwise agreed to by the department.

     Solely for the purposes of removal with no liability to the department, the department may immediately assume control of any vessel grounded on a sand beach, sandbar, or mudflat and not in imminent danger of breaking that is not removed by the owner within seventy-two hours of notification to the vessel owner or the owner's representative by the department and in a manner that is reasonably safe, as determined by the department.  If the owner's representative has received notice from the department and has commenced effective salvage operations, this subsection shall not apply.

     (d)  Once the department assumes control over the vessel, the vessel shall be removed by [conventional salvage methods] any means necessary to minimize damage to the natural resources and not become a hazard to navigation.

[All costs and expenses of removing the vessel and damage to state or private property shall be the sole responsibility of the vessel's owner or operator.]  This section shall apply whether the vessel is attended or deemed derelict under section 200-48.

     [(c)] (e)  All costs and expenses of removing the vessel and damage to state or private property shall be the sole responsibility of the vessel's owner or operator.  The department may take legal action to collect any costs or expenses incurred by the department for any removal under this section.  All moneys collected shall be deposited in the boating special fund.

     [(d)] (f)  Any person who renders assistance to the department when it acts pursuant to subsection (b) or (c) and any person who, in good faith and without remuneration or expectation of remuneration, renders assistance at the scene of a vessel grounded on state submerged land, a shoreline, or a coral reef, or in imminent danger of breaking up, or on a sand beach, sandbar, or mudflat and not in imminent danger of breaking up, shall not be liable for any civil damages resulting from the person's acts or omissions in providing or arranging towage or other assistance, except for damages caused by the person's gross negligence or wanton acts or omissions."

     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 upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 


 


 

Report Title:

Vessels Aground

 

Description:

Clarifies that the Department of Land and Natural Resources (Department) may assume immediate control of a vessel that is grounded on state submerged lands or on a shoreline.  Clarifies that the Department may assume immediate control of a vessel grounded on a sand beach, sand bar, or mudflat not in imminent danger of breaking up after the owner has been given seventy-two hours' notice to remove the vessel and has not done so.

 

 

 

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