[SUBTITLE 8.] OCEAN RECREATION AND
Subtitle added by L 1991, c 272, §2.
OCEAN RECREATION AND COASTAL AREAS PROGRAMS
Part I. General Provisions
200-2 Board of land and natural resources, powers and
200-2.5 Disposition of state boating facility properties
200-2.6 Ala Wai boat harbor; leases
200-3 Ocean recreation and coastal areas programs
200-4.5 Safety of ocean users; rules
200-4.6 Alternate access to state boating facilities; rules
200-5 Commercial harbors excluded
200-6 Limitation of private use of ocean waters and
200-7 Waiver of mooring charges
200-8 Boating program; payment of costs
200-9 Purpose and use of state small boat harbors
200-10 Permits and fees for state small boat harbors; permit
200-10.5 Sailing school vessels; rules
200-11 Existing permits
200-12 Administration of state small boat harbors
200-12.5 Native Hawaiian canoes; education
200-13 Marine inspections
200-14 Violation of rules; penalty
200-14.5 General administrative penalties
200-15 Vessels or property taken into legal custody;
200-16 Mooring of unauthorized vessel in state small boat
harbors and offshore mooring areas; impoundment and
200-16.5 Responsibility of vessel owner; evidence of
200-17 Designated slip for Coast Guard auxiliary
200-18 Records of suspensions and revocations of
operating privileges to be maintained
200-19 Private financing of small boat harbor improvements
200-20 Hawaiian outrigger canoes on state shoreline areas
Part II. Boating Law
200-21 Declaration of policy
200-25 Fines and penalties
200-26 Arrest or citation
200-27 Police reports
200-28 Duty of operator involved in, and at the scene of,
a boating accident; limitations on liability
200-29 Accident reports by operators; confidential nature
200-30 Reciprocal agreements and courtesy
200-31 Vessels required to be registered and numbered
200-32 Fees and charges
200-33 Future fee and charge increases or decreases
200-34 Disposition of revenues
200-36 Preemption of local law and special rules
200-37 Operation of thrill craft; parasailing; water
sledding; commercial high speed boating
200-37.5 Emergency communication devices
200-38 Ocean recreation management areas
200-39 Kaneohe Bay ocean use activities; permits;
200-40 Marine events; permits; exclusive use; cancellation fee
200-40.5 Event spectators; hazards; mitigation
Part III. Abandoned Vessels on Public and Private
200-41 Disposition of certain abandoned vessels
200-42 Notice to owner
200-43 Public auction
200-44 Possession by interested party
200-45 When public auction not required
200-46 Effect of sale
200-47 Disposition of proceeds
200-47.5 Vessels aground
200-48 Derelict vessel
200-49 Disposition of derelict vessel
Part IV. Vessels Abandoned on Premises of Persons
Engaged in Repair Business, Private Marinas,
Yacht Clubs, or on Other Private Property
200-51 Disposition of vessels abandoned on the premises of
a vessel repair business, private marina, yacht club,
or other private property
200-52 When vessel deemed abandoned on the premises of a
vessel repair business, private marina, or yacht club
200-53 Sale or disposition of vessel
200-54 Disposition of proceeds
200-55 Effect of transfer of title
Part V. Trespass to Vessel
200-62 Trespass to vessel; penalty
200-63 Questioning and detaining suspected persons aboard
Part VI. Vessel Identification Numbers
200-71 Hull, defined
200-72 Defacing, etc., vessel hull identification numbers
200-73 Unlawful to possess certain vessels or hulls
Part VII. Alcohol and Boating Safety--Repealed
200-81 to 96 Repealed
Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.
Enforcement, see §199-3.
Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.
Recreational activity liability, see §663-10.95.
Mooring and anchoring fees imposed by state regulations not an unconstitutional duty of tonnage. 42 F.3d 1185.
No commerce clause violation by state anchoring and mooring regulations where State's interest in having regulations for public safety is substantial and there is little burden on interstate commerce. 42 F.3d 1185.
No implied preemption of state mooring and anchoring regulations where congressional intent to preempt state action is not clearly manifest, federal regulation has not occupied the field of navigation, and federal interest in navigation is not so dominant as to assume federal preemption of state laws. 42 F.3d 1185.
No preemption of state mooring and anchoring regulations by Submerged Lands Act where there was no actual conflict between federal Act and Hawaii's regulations. 42 F.3d 1185.
Small boat harbor mooring and anchoring regulations imposing higher fees on nonresidents than residents not violative of equal protection clause of Fourteenth Amendment. 42 F.3d 1185.
State regulation that prohibited commercial tour boat operators from operating their tour boats in Hanalei Bay, in conjunction with relevant federal shipping laws, violated the supremacy clause. 340 F.3d 1053.
Constitutionality of mooring regulations, discussed. 823 F. Supp. 766.
Hawaii regulatory scheme not preempted by federal law, where plaintiff failed to demonstrate that Congress intended to occupy entire field of navigation, and there was significant evidence to the contrary; and there was no actual conflict between the Hawaii regulations and federal law; Hawaii regulatory scheme did not implicate commerce clause. 57 F. Supp. 2d 1028.
State and department of land and natural resources immune from suit, where plaintiff sought to enjoin State and city and county of Honolulu from implementation or enforcement of any and all state statutes and city ordinances that might apply to the business that plaintiff claimed to be developing, involving a commercial boating activity on the Ala Wai canal; plaintiff lacked standing; plaintiff's case not ripe for adjudication. 57 F. Supp. 2d 1028.
Division of boating and ocean recreation's assessment of a two per cent ocean recreation management area fee against vessel was an impermissible tax in violation of prohibition against tonnage duties; two per cent use fee assessed other vessel was not a prohibited duty of tonnage. 195 F. Supp. 2d 1157.
Having created a permit structure for commercial vessels, having issued and reissued such permits in the past, and having promised plaintiff renewal, division of boating and ocean recreation violated the due process clause by summarily withholding the promised "vessel moored elsewhere" permit for reasons that were undisclosed or tested through a fair administrative hearing process. 195 F. Supp. 2d 1157.
Two per cent use fee did not violate right to substantive due process of plaintiff, a corporation engaged in offering boating excursions from state boating facilities on the island of Kauai. 195 F. Supp. 2d 1157.
No private right of action for damages existed for commercial tour boat operators under Kauai county's special management area rules (Hanalei Estuary Management Plan) or under Hawaii administrative rules, chapter 256, entitled "Ocean Recreation Management Rules and Areas", as promulgated under chapter 205A and this chapter, respectively, where both rules were not promulgated with the objective of protecting business interests or competition, but rather with the objective of protecting and preserving the environment for the general public. 110 H. 302, 132 P.3d 1213.