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

The department reserves the right to conduct audits to determine the validity of maintaining a vessel's classification, the fees owing to the department, and any other information necessary and proper to enforce these rules. Information normally needed includes standard business …

Minor repairs to small craft and smaller commercial vessels may be made at the assigned berth and shall be completed within thirty days. If repairs are estimated to, or actually do, require that the vessel be out of service for more than thirty days, prior approval shall be sough…

No person shall moor any small craft or contrivance used solely or principally for the purpose of living aboard in any commercial harbor of the State. Notes Haw. Code R. § 19-42-53 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

For safety reasons, one person may remain aboard a vessel with a valid mooring agreement twenty-four hours a day as a safety watch. A list of the name or names of persons who will rotate as the single safety watch shall be submitted to the department in writing for approval. The …

The department is vested with the sole authority to issue regular and temporary mooring permits. Any vessel occupying a berth without a valid mooring permit issued by the department is in violation of these rules. The vessel owner shall be subject to appropriate legal action and …

The department may impound and remove or dispose, or engage others to impound and remove or dispose, from the harbor, or from a particular berth, any vessel whose presence is contrary to law, or these rules or when the department deems it necessary to protect persons using the ha…

The procedures under this section shall be used for any administrative hearing conducted by the harbors division as required by law. An administrative hearing officer shall be appointed by the director. Upon setting the time for the hearing, the administrative hearing officer sha…

If a boat owner is delinquent in the payment of any fee or charge, including costs of impoundment and removal, or if a vessel is abandoned, the department may institute proceedings pursuant to law to secure the attachment and sale of the vessel. In order to recover unpaid indebte…

The owner of a boat in danger of wreckage, damaging other property, sinking, or obstructing waterways shall be advised by the department to take immediate remedial action. If upon due notice and after a reasonable time (not to exceed ten days) has elapsed and the owner has failed…

The master agent or owners of a vessel, other than small craft, arriving at or departing from the harbors under the jurisdiction of the department, including but not limited to Honolulu, Kewalo, Barbers Point, Kaumalapau (if applicable), Kaunakakai, Hilo, Kawaihae, Kahului, Nawil…

No person shall stop or moor a vessel for any purpose other than for the expeditious loading, unloading, or fueling in any place marked as a vessel loading zone during the hours when the regulations applicable to such loading zone are effective. No person shall leave a vessel una…

The anchoring of small craft or smaller commercial vessels in heavily traveled channels or main thoroughfares within commercial harbors is prohibited. Anchoring within Kewalo Basin is prohibited except for emergencies. Notes Haw. Code R. § 19-42-61 [Eff 5/20/82; am and comp 2/26/…

The department shall nest vessels when it deems it to be necessary. Nesting assignments shall be made with due regard to the relative lengths of the vessels involved, their construction and any other pertinent characteristics. Notes Haw. Code R. § 19-42-62 [Eff 5/20/82; comp 2/26…

Each permittee shall be responsible for keeping the area near the permittee's assigned mooring free from litter, debris, and discard. Water hoses attached to available hose bibs must be fitted with automatic shut-off nozzles. Notes Haw. Code R. § 19-42-63 [Eff 5/20/82; am 12/20/8…

No structure shall be built on or placed on and no modification shall be made to the wharf, pier, or terminal area without the prior written approval of the department. Notes Haw. Code R. § 19-42-64 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3…

Sailing vessels shall only be permitted in the Kewalo Basin channel if they are equipped with and are using motor power. Notes Haw. Code R. § 19-42-65 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

Safety regulations in sections 19-42-134, 19-42-135, 19-42-136, 19-42-138, and 19-42-139 shall be observed by small craft and smaller commercial vessels if applicable. Notes Haw. Code R. § 19-42-66 [Eff 5/20/82; am and comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2,…

During emergency conditions and when necessary to protect life and property, the department may deviate from these rules. Notes Haw. Code R. § 19-42-67 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

Provisions from other chapters of these rules particularly those sections relating to safety, cleanliness, use of facilities, welding and burning operations, and liability are applicable to commercial harbors where small craft or smaller commercial vessels are moored. Notes Haw. …

A qualified marine surveyor can apply to be placed on the list of approved marine surveyors by writing a letter of application to the department citing the applicant's qualifications including schooling, work experience or other germane background and requesting to be considered …

No person shall cause or permit any vessel, raft, log, or other floating object to come alongside of or to be moored to or near any wharf in any manner that may cause damage to such wharf or to interfere with the use of such wharf by others rightfully entitled to its use. Where c…

Notes Haw. Code R. § 19-42-70 12/20/85

Notes Haw. Code R. §§ 19-42-71 to 19-42-80

Handling of shipments of explosives and other hazardous materials as defined in Title 49, Code of Federal Regulations, as it existed on June 1, 1993, shall be permitted only after a full compliance by shipper, carrier, and terminal operator with all applicable rules and regulatio…

Navigation within state waterways shall be in accord with the state boating law, federal statutes and regulations governing vessel navigation and these rules. In case of conflict the more specific and severe provisions shall apply. Notes Haw. Code R. § 19-42-81 [Eff 5/20/82; am a…

(a) Daytime vessel traffic in Honolulu Harbor shall be controlled by signals displayed at the top of Aloha Tower consisting of an orange-colored ball and an orange-colored cone. When the ball and cone are hoisted the harbor is closed to all traffic; when no signal is hoisted the …

General guidelines for the movement of large vessels (six hundred feet in length or more) at other state ports are as follows: (1) Hilo - Arrival and departure on a twenty-four hour basis. Two tugs to be required on arrival and departure. For daylight arrival portside at Pier 1 a…

No vessel shall anchor in any fairway or any channel or so as to obstruct the approach to any wharf. Notes Haw. Code R. § 19-42-84 [Eff 5/20/82; comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

All vessels over sixty-five feet shall proceed at a rate of speed (except in case of emergency) commensurate with safe navigation and slow enough so as not to cause damage to other vessels and property. Vessels under sixty-five feet may proceed at a rate of speed not to exceed te…

All tows of barges within the entrance buoys of state harbors shall be limited to two barges. Hawsers shall be limited in length in Honolulu to fifty fathoms measured from the stern of one vessel to the bow of the following vessel and in other Hawaiian ports, length limitation wi…

No vessel solely under power of sail shall enter Honolulu Harbor, Barbers Point Harbor or Kewalo Basin unless equipped with an auxiliary engine in working order or accompanied by a power boat equipped to take it under tow in case of emergency. Notes Haw. Code R. § 19-42-87 [Eff 5…

Tugs with or without tows and all other vessels more than sixty-five feet in length or exceeding three hundred gross tons shall advise the Aloha Tower marine traffic controller of all moves into, within, or departing Honolulu Harbor or Barbers Point Harbor giving destination. All…

(a) Preference in the use of piers 1A, 1B, 51 A, 51C, 52A, 52B and 53 in Honolulu Harbor shall be given to vessels loading or unloading shipping containers. (b) Priorities for vessel movements other than for tsunamis and unless otherwise authorized by the harbor master shall be a…

Any agent, charterer, master, operator, or owner who proposes to enter a vessel, other than a small craft, within the jurisdiction of a state port and utilize any of the facilities of the department shall deposit in cash or other legal tender, funds in an amount as determined by …

Vessels anchored offshore shall be staffed by a competent crew and be capable of getting underway. Notes Haw. Code R. § 19-42-90 [Eff 11/7/91; am and comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: HRS §§ 266-2, 266-3)

Notes Haw. Code R. §§ 19-42-91 to 19-42-100