Hawaii Administrative Code

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…

If ammunition or other dangerous cargo is in close proximity to or on board the ship where the welding and burning operations will be done, the captain of the port, United States Coast Guard, and all other appropriate federal and state agencies shall be notified, and an inspectio…

(a) Before any welding, burning, spark or flame-producing operations may be undertaken aboard any ship, dock, wharf, or waterfront facility, all spaces subject to the accumulation of dangerous gas or gas-producing materials in or on which hot work is to be performed, and other sp…

(a) Hot work shall be done only in locations and under the procedures as designated in writing on the permit and chemist's certificate. (b) All welding and burning operations shall be under the supervision and control of a competent foreperson or supervisor who shall insure that …

(a) In all types of operations, fire prevention shall be the watchword. It shall be the responsibility of each individual worker to prevent fires. (b) All combustible materials shall be removed from the area in which the welding and burning operations are being conducted; provide…

(a) No refueling of equipment with flammable petroleum products shall be permitted on any pier or wharf owned by the State. (b) On waterfront facilities which are used for repair work, no gasoline or other flammable liquid shall be stored except as required for normal operation, …

Violation of sections 19-42-151 to 19-42-156 shall be cause for immediate revocation of a permit issued for welding and burning operations and subject such party to such other penalties as provided by law. Notes Haw. Code R. § 19-42-157 [Eff 5/20/82; am and comp 2/26/96] (Auth: H…

When the harbor master has issued a permit to do hot work, the appropriate federal and local agencies shall be notified. When hot work is being done in Honolulu Harbor the Honolulu fire boat captain on duty at the time hot work is being done shall also be notified. Notes Haw. Cod…

Notes Haw. Code R. §§ 19-42-159 to 19-42-160

Citations issued pursuant to section 266-24.1, Hawaii Revised Statutes, to a commercial firm for violation of this part may be issued to any agent, officer, or manager of the firm. Notes Haw. Code R. § 19-42-16 [Eff 5/20/82; am and comp 2/26/96] (Auth: HRS §§ 266-2, 266-3) (Imp: …

(a) Any person, firm, or corporation desiring to perform any dredging, filling, or erecting of any construction within commercial harbors and entrance channels belonging to or controlled by the State, shall first obtain a permit therefor from the department. (b) The application f…

The United States Army Corps of Engineers, the department of health, and the department of land and natural resources may have certain jurisdiction over navigable waters. The approval of these agencies shall also be secured before performing work within their jurisdictions. When …

Any person desiring to install mooring or anchorage buoys in any harbor under the jurisdiction of the department, shall apply to the department in writing for permission to install such buoys. Applications must be accompanied by comprehensive plans showing the exact proposed loca…

No buildings or structures of any nature shall be erected or constructed on state property, nor shall existing structures be modified, without obtaining the prior permission of the division and any other governmental agency as required by law. The division may require plans, spec…

Suspension of any loading or unloading operation may be ordered when in the opinion of the chief, district manager, harbor master, commercial harbor manager, or harbor agent, such suspension is necessary to insure the safety, health and welfare of the public. Notes Haw. Code R. §…

Vessel booking agents must ensure the availability of an individual designated as the 24-hour point of contact representative in writing, should the need arise to make and implement operational decisions on short notice. This local representative must be present on Oahu if the ve…

Notes Haw. Code R. §§ 19-42-19 to 19-42-20

The engines of any vessel lying at any wharf in the harbors under the jurisdiction of the department, including but not limited to Nawiliwili, Port Allen, Honolulu, Barbers Point, Kewalo Basin, Kaumalapau (if applicable), Kaunakakai, Kahului, Kawaihae, and Hilo shall not be tried…

The department shall allocate small craft and smaller commercial vessel berths and moorings in state commercial harbors in order to promote the maximum safe, convenient, and efficient utilization of the facilities, in the following priorities: (1) Kewalo Basin (A) Public Utilitie…

It shall be unlawful to make fast to, moor, dock or anchor at, or lay alongside any state-owned or controlled pier, wharf, quay, bulkhead, landing, dolphin, mooring, or other moored vessel in commercial harbors of the State without the specific authorization of the harbor master,…

Before any property or facility at a state commercial harbor is utilized by any vessel, its owner shall execute a use permit appropriately conforming to the description provided below, obtain the approval of the department which shall be evidenced by an indorsement on the use per…

Reassignments may also be made within the same harbor if a vessel's size in relationship to the size of the assigned berth does not permit maximum and efficient public utilization of harbor facilities or if a reassignment in any other manner permits maximum and efficient public u…

Use permits may be issued for the following respective uses: (1) Mooring permit. A use permit authorizing the docking, mooring, or anchoring of a vessel at a state commercial harbor. (A) Regular mooring permit. A use permit which on the date of issuance authorizes the permittee t…

Any interested person or corporation may apply for a use permit by completing in full the application provided for that purpose. In the case of a corporation, partnership, association, or other group however organized, evidence of corporate organization must be submitted by produ…

An application for a use permit may be renewed within a ninety-day period preceding its expiration date. An application renewed prior to its expiration date shall be valid for a period ending one year from the expiration date of the previous application. It is the policy of the d…