Report Title:

Relating to derelict vessels.

 

Description:

Clarifies DLNR's jurisdictional responsibility on the removal of derelict vessels.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1387

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO DERELICT VESSELS.

 

 

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

 


     SECTION 1.  Section 200-48, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§200-48[]]  Derelict vessel.  A vessel which has been left unattended for a continuous period of more than twenty-four hours is a derelict if:

     (1)  The vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering life or property; or

     (2)  The vessel has been moored or otherwise left in the waters of the State [or on public property contrary to law,] in violation of a statute or [rules] a rule having the force and effect of law[, or the vessel has been left on private property without authorization of the owner or occupant of the property] and if:

         (A)  The vessel's registration certificate or marine document has expired and the registered owner no longer resided at the address listed in the vessel registration or marine document records of the department or the United States Coast Guard;

         (B)  The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined;

         (C)  The vessel identification numbers and other means of identification have been removed so as to hinder or nullify efforts to locate or identify the owner; or

         (D)  The vessel registration records of the department and the marine document records of the United States Coast Guard contain no record that the vessel has ever been registered or documented and the owner's name or address cannot be determined."

     SECTION 2.  Section 200-49, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a) The chairperson may cause a derelict vessel moored or otherwise left in the waters of the State in violation of a statute or a rule having the force and effect of law to be immediately taken into custody.  Upon taking custody of a derelict vessel, the department, as soon as reasonably possible shall:

     (1)  Give public notice of intended disposition and procedure for requesting an administrative hearing;

     (2)  When possible, post a notice of intended disposition and procedure for requesting an administrative hearing on the vessel; and

     (3) Serve a duplicate original of the notice of intended disposition and procedure for requesting an administrative hearing by certified mail, return receipt requested on:

        (A)   The registered or documented owner of the vessel, if known, at the owner's last known address on record with the department or the United States Coast Guard;

        (B)   All lien holders who have properly filed a financing statement, referencing the name of the registered or documented owner, in the bureau of conveyances or who are shown on the records of the department or the United States Coast Guard; and

        (C)   Any operator of the vessel on record with the department or the United States Coast Guard."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST