Hawaii Revised Statutes 200. Ocean Recreation and Coastal Areas Programs

PART I. GENERAL PROVISIONS

PART II. BOATING LAW

PART III. ABANDONED VESSELS ON PUBLIC AND
PRIVATE PROPERTY GENERALLY

  • 200-41 Disposition of Certain Abandoned Vessels.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...
  • 200-42 Notice to Owner.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...
  • 200-43 Public Auction.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...
  • 200-44 Possession by Interested Party.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...
  • 200-45 When Public Auction Not Required.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...
  • 200-46 Effect of Sale.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...
  • 200-47 Disposition of Proceeds.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...
  • 200-47.5 Vessel Aground on State Property.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...
  • 200-48 Derelict Vessel.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...
  • 200-49 Disposition of Derelict Vessel.
    L 2012, c 146, §12, with respect to amendments to this part, provides: "SECTION 12. This Act shall take effect on July 1, 2012;...

PART IV. VESSELS ABANDONED ON PREMISES OF PERSONS
ENGAGED IN REPAIR BUSINESS, PRIVATE MARINAS,
YACHT CLUBS, OR ON OTHER PRIVATE PROPERTY

PART V. TRESPASS TO VESSEL

PART VI. VESSEL IDENTIFICATION NUMBERS

PART VII. ALCOHOL AND BOATING SAFETY--REPEALED

Cross References

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.

Case Notes

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.

Last modified: October 27, 2016