HAR 19-42 — VESSEL AND HARBOR CONTROLS (Subchapter 1 to 6)

Mooring or anchoring of recreational vessels may be allowed in Radio Bay and Kawaihae on an interim basis and as authorized by the department in writing prior to mooring. Notes Haw. Code R. § 19-42-61.1 [Eff 2/26/96] (Auth: HRS § 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

Before being allowed entry into a state commercial harbor an owner of an idle vessel, not actively engaged in commerce, shall post a performance bond issued by a firm doing business in Hawaii guaranteeing the vessel's removal from the harbor by a specified date. This bond shall b…

This subchapter shall not be construed to limit the power and authority of any other state or federal agency. If any of these provisions are in conflict with any rule adopted by any state or any federal agency the rule more severe in discipline shall prevail. Notes Haw. Code R. §…

In the event of fire occurring on board any vessel in ports under control of the department, except vessels under way such vessels shall sound five prolonged blasts of the whistle or siren as an alarm indicating fire on board or at the dock to which the vessel is moored. The sign…

No vessel containing more than five hundred pounds of Class A, one ton of Class B, [and] or ten tons of Class C explosives (net explosive content) shall enter or be loaded in any harbor in the State except on prior written permission of the harbor master of the district concerned…

All handling and loading or unloading of explosives shall be done in a safe and careful manner and shall be in accordance with the federal regulations pertinent thereto in force at the time. Explosives shall be off-loaded prior to the off-loading of any other cargo. Notes Haw. Co…

All hauling of explosives away from or to the pier shall be done in a safe and careful manner and shall be in accordance with rules of the state department of labor and industrial relations. Notes Haw. Code R. § 19-42-105 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (I…

No empty containers which have been used to hold flammable liquids shall be delivered onto any wharf or structure under control of the department unless the same are securely closed with metal screw plugs. Any such containers shall be delivered onto a wharf or structure only at s…

(a) No nitrate of soda, nitrate of ammonia, sulphur, or other similar material shall be stored or left upon any wharf for more than four hours unless packed in sound and non-leaking containers. Such material shall be under the continuous care of a competent guard satisfactory to …

Acids of a dangerous character such as sulphuric, muriatic, and nitric acids shall be removed from the wharf immediately upon discharge from any vessel and no such acid shall be put upon a wharf under control of the department for shipment until the carrier is ready to receive it…

No gasoline, distillate, kerosene, benzene, naphtha, turpentine, paints, oils, or other flammable substances in leaky containers shall be delivered onto any wharf under control of the department for shipment. All such substances unloaded from any vessel in leaky containers shall …

Any owner, master, operator, agent, charterer, partnership, trust, corporation, or individual who is duly accredited with the department and purports to act for a vessel by telephoning or otherwise communicating with the department in behalf of a vessel assumes responsibility for…

No combustible material such as pitch, tar resin, or oil shall be flame heated on board any vessel within the harbors or streams of the State without the permission of a harbor master. Notes Haw. Code R. § 19-42-110 [Eff 5/20/82; am and comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (…

No vessel shall be fumigated or smoked at any wharf under control of the department without the prior permission in writing from the director, the chief, or the harbor master. If fumigation is to be with cyanogen products or hydrocyanic acid gas in any form, however generated, th…

All fuel burning steam generating appliances when used on any wharf under control of the department or on any scow, pile driver, or other vessel working alongside or near any wharf under control of the department shall be equipped with spark arresters satisfactory to the harbor m…

No person shall make any repair or do any kind of manufacturing, construction, or maintenance work on any wharf without the permission of the harbor master. Notes Haw. Code R. § 19-42-113 [Eff 5/20/82; am and comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)…

Smoking is positively prohibited at all times within any cargo shed, or upon any wharf apron, and during the time cargo is being loaded, unloaded, or stored on any unshedded pier under control of the department, and no person shall enter into, stand in, or under, or pass through …

The use of explosives on land, on any wharf, or in a shed or other structure under control of the department, or in the water in the immediate vicinity of the same, without the written approval of the harbor master is strictly prohibited. Notes Haw. Code R. § 19-42-115 [Eff 5/20/…

Vessel owners, charterers, agents or private terminal operators utilizing wharves and sheds under the control of the department for the handling of merchandise shall keep such wharves and sheds in a clean and sanitary condition, clear of materials which create a fire hazard and s…

All vessels moored at a state-owned mooring or berthing facility shall be kept, at all times, in a condition of reasonable cleanliness and sanitation so as not to constitute a common nuisance or potential source of danger to public health. Notes Haw. Code R. § 19-42-117 [Eff 5/20…

In cases where the department takes over the cleaning of wharves the charge therefor shall be assessed against the vessel which is responsible for the necessity of cleaning. Notes Haw. Code R. § 19-42-118 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2,…

All mobile equipment used on any property under the control of the department in connection with the handling of cargo or shipping containers, such as fork lifts, cranes, tractors and straddle trucks, shall be clearly identified as to the owner thereof. Notes Haw. Code R. § 19-42…

The person, or persons, responsible for, and the person or persons to whom a wharf, facility, or other state property may be assigned, or by whom it is being used, and the master, owner, operator, or agent of any vessel, vehicle, or other instrumentality involved in any damage to…

(a) Loads on wharves shall not exceed the following limits unless otherwise authorized: (1) All reinforced concrete wharves: five hundred pounds per square foot over the area supported by piles, cylinders or seawall. One thousand pounds per square foot over the area supported by …

No fowl, animal, or livestock of any kind shall be allowed to remain on any wharf under control of the department for a period longer than six hours without being properly fed and watered. After any fowl, animal, or livestock shall have been unloaded on a state wharf it shall be …

(a) No regular or extensive use of any state harbor property or facility for private gain or purpose shall be permitted without corresponding and reasonable benefits and returns to the public, (b) No person shall engage in any business or commercial activity at any state harbor w…

Any person handling goods or using equipment on a wharf or within a shed under control of the department or bringing goods thereon or therein for shipment, shall place, store, or stack such goods or equipment in such a way as not to be an impediment to the approaches to same nor …

The harbor master may close the wharves or any portion thereof and regulate and control the use of the same whenever in the harbor master's opinion it is advisable to do so for reasons of safety, fire prevention, or probable interference with cargo handling or vessel operations. …

(a) The department shall not be liable for any damage to or loss of merchandise or other property on any wharf under its control. (b) It shall be the responsibility of shipping concerns or their agents to exert every effort to protect cargo from the effect of weather conditions w…

(a) No person shall throw, place, leave, deposit or abandon, or cause or permit to be thrown, placed, left, deposited or abandoned any litter within a state harbor, except in receptacles designated by the department for the disposal of such materials. "Litter" as used in this sec…

No person shall place, throw, deposit, or discharge, or cause to be placed, thrown, deposited, or discharged into the waters of any harbor, river or shore waters of the State any litter, or other gaseous, liquid or solid materials which render the water unsightly, noxious or othe…

When any owner, agent or individual contemplates or plans the disposal or salvage of a derelict craft, vessel or other object of any size, type or description, by transporting across, within or on navigable waters, whether a part or whole craft or whether a floating or suspended …

Should any owner, operator, charterer, agent, or individual, without permission of the harbor master, lose, sink, drop, or abandon any floating or sinking object in or on the navigable waters and shore waters of the State, that person shall immediately notify the harbor master an…

Any person responsible for damage to state property shall make repairs in accordance with state specifications. Failure to do so shall result in the State effecting the repairs at the expense of the responsible party or parties. Notes Haw. Code R. § 19-42-13 [Eff 5/20/82; am and …

No person shall connect a vessel's water supply system, siphon or other water-operated device, equipment or mechanism connected to the water supply system or operate any water-operated device, equipment or mechanism connected to the water supply system, unless an approved backflo…

(a) When any owner, agent or individual contemplates the dumping of sinkable materials at sea by hauling across, within or on the navigable and/or shore waters of the State that person shall notify and obtain the permission of the department as specified in sections 19-42-161 and…

Notwithstanding the issuance of a permit pursuant to section 19-42-161 no person shall do any of the following within a state commercial harbor without first having obtained a permit from the state department of health (not applicable to vessels): (1) Discharge any wastes from sh…

Loading or unloading of flammable liquids shall be in strict accordance with applicable federal laws and regulations. Notes Haw. Code R. § 19-42-133 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3) See 33 C.F.R. § 126.15(o).

Loading or unloading of flammable liquids shall be in strict accordance with applicable federal laws and regulations. Notes Haw. Code R. § 19-42-134 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3) See 33 C.F.R. §126.15(o).

Any small craft utilizing the waters of a state commercial harbor shall be provided with approved fire extinguishers as prescribed in the applicable provisions of the state boating rules of the department of land and natural resources. The fire extinguishers shall at all times be…

(a) All fueling operations shall be done in compliance with the stricter of any applicable federal, state, and county rules. The fueling of vessels at a state commercial harbor where a marine fueling station has been established, or where authorized tank trucks or tank trailers a…

Fishing, as defined in section 187A-1, Hawaii Revised Statutes, is prohibited from all piers, wharves, and bulkhead walls in Kewalo Basin and Honolulu Harbor except Piers 5, 6, and 7; and all piers and wharves in Barbers Point Harbor. Casting of fishing lines beyond the shallow m…

Any small craft and smaller commercial vessel utilizing the waters of a state commercial harbor shall be equipped with lifesaving equipment as required by and approved by the United States Coast Guard. Wearable PFDS must be readily accessible and throwable devices must be immedia…

Five prolonged blasts on a vessel's whistle, horn or other sound producing device indicates (1) a fire on board a small craft or smaller commercial vessel not under way or (2) a fire at any facility to which the small craft or smaller commercial vessel may be moored. The words "p…

The director and such other persons as the director may designate may enter upon and inspect any vessel using state facilities or upon any premises rented or leased from the department for the purposes of either ascertaining the kind and quantity of cargo thereupon or to insure t…

No person shall consume any liquor as defined in section 281-1, Hawaii Revised Statutes, on any state pier or waterfront property not under lease except by prior permission from the department for each occasion. Notes Haw. Code R. § 19-42-140 [Eff 5/20/82; am 12/20/85; am and com…

It shall be the responsibility of the vessel to provide a reliable and safe means of access and egress to and from the vessel and the pier for crew members, passengers and visitors to the vessel. Notes Haw. Code R. § 19-42-141 Eff 11/7/91; comp 2/26/96

Notes Haw. Code R. §§ 19-42-142 to 19-42-150

Use of state harbors and harbor facilities is subject to compliance with all applicable federal, state, or county laws, ordinances, rules, and regulations. Particular attention is directed to: (1) Rules of the United States Public Health Service and of the state department of hea…

Before any welding or burning operation can be done on a state wharf or waterfront facility or on a vessel moored thereto, the party intending to do the work shall secure a permit from the harbor master of the port where the work is to be done. Applicants for permits to do hot wo…