Chapter 200 — Chapter 200

PART I. GENERAL PROVISIONS §200-1 Definitions. As used in this chapter, unless the context otherwise requires: "Beaches encumbered with easements in favor of the public" means any lands which lie along the shores of the State which are now, or may hereafter be, encumbered by ease…

§200-10 Permits and fees for state small boat harbors; permit transfers. (a) No person shall moor a vessel in a state small boat harbor without: (b) In order to obtain a permit or a permit renewal, the owner of a vessel shall provide, at the owner's own expense: (c) The permittee…

§200-13 Marine inspections. (a) The department shall: (b) Vessels failing the marine inspection for a permit or a permit renewal shall have thirty days to correct deficiencies and complete the inspection. (c) Owners of vessels that fail the marine inspection may contest the inspe…

§200-14.5 General administrative penalties. (a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover admini…

§200-16 Unauthorized vessels; impoundment and disposal proceedings. (a) A vessel moored without a valid use permit or moored with a use permit that has expired or been terminated shall be deemed an unauthorized vessel in violation of this section and shall be subject to impoundme…

§200-2 Board of land and natural resources, powers and duties. (a) The board shall have the primary responsibility for administering the ocean recreation and coastal areas programs and performing the functions heretofore performed by the department of transportation and the depar…

§200-2.5 Disposition of state boating facility properties. (a) Notwithstanding any law to the contrary, the board may lease fast lands and submerged lands within an existing state boating facility by public auction, a request for proposals, or by direct negotiation pursuant to se…

§200-23 Definitions. As used in this part unless the context otherwise requires: "Boat dealer" means a person engaged wholly or partly, for gain or compensation, in the business of selling vessels or offering vessels for sale, buying or taking in vessels for the purpose of resale…

§200-24 Rules. The department shall adopt rules pursuant to chapter 91 to implement the policy and purpose of this part, and to classify vessels into appropriate categories and classes. The department shall adopt rules pursuant to chapter 91 with respect to the following:

§200-27 Police reports. For the purpose of enforcement, it shall be incumbent upon the director of law enforcement and the police chief of each county to transmit to the department a copy of every investigation report submitted by the director of law enforcement and the police ch…

§200-3 Ocean recreation and coastal areas programs. The board shall assume the following functions of the department of transportation:

§200-31 Vessels required to be registered and numbered. (a) Every undocumented vessel shall be registered and numbered before its use or operation on or in the waters of the State on an annual basis in accordance with the rules of the department except: (b) No vessel registration…

§200-34 Disposition of revenues. All fees and penalties collected pursuant to sections 200-10, 200-14, 200-14.5, and 200-32, and all fees and penalties established by rules adopted pursuant to sections 200-4 and 200-24, shall be deposited in the boating special fund. [L 1991, c 2…

§200-37 Operation of thrill craft; parasailing; water sledding; commercial high speed boating. (a) No person shall operate a thrill craft unless the person is fifteen years of age or older. (b) The department shall adopt rules to designate areas where, and time periods during whi…

§200-37.5 Emergency communication devices. (a) It shall be unlawful to operate in the waters of the State beyond one mile of shore, any: unless the vessel is equipped with a properly functioning fixed mount or handheld marine VHF-FM radio (156-162 MHz band) or emergency position …

§200-38 Ocean recreation management areas. (a) Notwithstanding any other law to the contrary, no commercial operator shall operate a thrill craft, engage in parasailing, water sledding, or commercial high speed boating, operate a motorized vessel towing a person engaged in parasa…

§200-39 Kaneohe Bay commercial ocean use activities; permits; restrictions. (a) Any other provision of this chapter to the contrary notwithstanding, no person shall operate thrill craft, parasailing, water sledding, or commercial high speed boating unless the person meets the req…

§200-4 Rules. (a) The chairperson may adopt rules necessary: (b) All rules shall be adopted in accordance with chapter 91 and shall have the force and effect of law. [L 1991, c 272, pt of §2; am L 2012, c 289, §3; am L 2024, c 227, §3]

PART III. ABANDONED VESSELS ON PUBLIC AND PRIVATE PROPERTY GENERALLY §200-41 Abandonment of vessels. (a) No person shall abandon any vessel in the waters of the State or on any property, other than the property of the vessel owner, without the consent of the property owner. (b) A…

§200-42 Notice to owner. (a) A state or county agency, upon taking custody of any vessel deemed abandoned pursuant to section 200-41, shall immediately post a written notice on the vessel and send a duplicate original by registered or certified mail, with a return receipt request…

§200-43 Public auction; disposition of abandoned vessels. Any abandoned vessel impounded under this part that remains unclaimed by the registered or documented owner, lien holder, or operator of record for more than ten working days after mailing of the notice required by section…

§200-44 Possession by interested party. Any person having an interest in the vessel taken into custody may take possession of the vessel prior to the date of public auction upon payment to the state or county agency that took custody of the vessel of all use fees, towing, handlin…

§200-45 REPEALED. L 2021, c 218, §8.

§200-46 Effect of sale. The transfer of interest by sale hereunder shall be evidenced by a bill of sale from the appropriate state or county agency, shall be considered a transfer by operation of law, and shall be governed by provisions applicable thereto. [L 1991, c 272, pt of §…

§200-47 Disposition of proceeds. A state or county agency that sells a vessel pursuant to this part shall deposit that portion of the proceeds of the sale of the vessel that represents the mooring or other fees and charges due the agency, the expenses of the auction, and any othe…

§200-47.5 Vessels aground. (a) All vessels grounded on state submerged lands, shorelines, or coral reefs shall be removed immediately by the owner or operator at the owner's or operator's expense. Damage to state or private property caused by a grounded vessel shall be the sole r…

§200-49 Disposition of derelict vessel. (a) The chairperson may cause a derelict vessel to be immediately taken into custody. Upon taking custody of a derelict vessel, the department, as soon as reasonably possible shall: (b) The owner, lien holder, or operator of the vessel shal…

PART IV. VESSELS ABANDONED ON PREMISES OF PERSONS ENGAGED IN REPAIR BUSINESS, PRIVATE MARINAS, YACHT CLUBS, OR ON OTHER PRIVATE PROPERTY §200-51 Disposition of vessels abandoned on the premises of a vessel repair business, private marina, yacht club, or other private property. Wh…

§200-52 When vessel deemed abandoned on the premises of a vessel repair business, private marina, or yacht club. A vessel shall be deemed to be abandoned upon satisfaction of all the following conditions:

§200-53 Sale or disposition of vessel. When a vessel is abandoned, the owner of the vessel repair business or private marina, or the owner's authorized representative; the designated representative of the yacht club; or the owner of other private property, after one public advert…

§200-8 Boating program; payment of costs. The cost of administering a comprehensive statewide boating program, including but not limited to the cost of: shall be paid from the boating special fund; provided that any fees collected within small boat harbors shall be expended only …

PART VII. ALCOHOL AND BOATING SAFETY--REPEALED §§200-81 to 200-96 REPEALED. L 2000, c 189, §27.

§200-9 Purpose and use of state small boat harbors. (a) State small boat harbors are constructed, maintained, and operated for the purposes of: To implement these purposes, only vessels in good material and operating condition that are regularly navigated beyond the confines of t…