reglab/housing_qa huggingface dataset:
HI Rev Stat § 200-4.6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-4.6 Alternate access to state boating facilities; rules.

  §200-4.6 Alternate access to state boating facilities; rules. The department shall adopt rules to allow vessels holding a valid ocean recreation management area commercial use permit to use a state small boat harbor or boat launching ramp when unsafe wind and sea conditions would prevent safe access to the shoreline through a designated ingress or egress zone. The vessel operator or master shall give the department prior notice of the presence or threat of such conditions and shall be subject to local direction and control as necessary to avoid conflict with other users of the facility. Use of a state boating facility in accordance with this section shall not affect the permittee's right to use such boating facilities in the absence of such conditions in order to provision a vessel as permitted by law. [L 2012, c 195, pt of §2]
HI Rev Stat § 200-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-5 Commercial harbors excluded.

  §200-5 Commercial harbors excluded. For purposes of this chapter, ocean waters and navigable streams shall not include the commercial harbors of the State. [L 1991, c 272, pt of §2]
HI Rev Stat § 200-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-7 Waiver of mooring charges

  §200-7 Waiver of mooring charges. The department shall waive the mooring charge for:  (1) Any and all sea scout craft using moorings belonging to or controlled by the State, when moorings are available as determined by the department; provided that the craft are owned and used exclusively for the purpose of regular organized sea scout groups; and  (2) Any and all sailing school vessels. [L 1991, c 272, pt of §2; am L 1996, c 188, §4]
HI Rev Stat § 200-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-8 Boating program; payment of costs.

  §200-8 Boating program; payment of costs. The cost of administering a comprehensive statewide boating program, including but not limited to the cost of:  (1) Operating, maintaining, and managing all boating facilities under the control of the department;  (2) Improving boating safety;  (3) Operating a vessel registration and boating casualty investigation and reporting system;   (4) Other boating program activities; and  (5) Planning, developing, managing, operating, or maintaining of all lands and improvements under the control and management of the board, including but not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76, shall be paid from the boating special fund; provided that any fees collected within small boat harbors shall be expended only for costs related to the operation, upkeep, maintenance, and improvement of the small boat harbors. The amortization (principal and interest) of the costs of capital improvements for boating facilities appropriated after July 1, 1975, including but not limited to berths, slips, ramps, related accommodations, general navigation channels, breakwaters, aids to navigation, and other harbor structures, may be paid from the boating special fund or from general revenues as the legislature may authorize in each situation. Revenues provided in this chapter for the boating special fund shall be at least sufficient to pay the special fund costs established in this section. [L 1991, c 272, pt of §2; am L 2011, c 197, §5; am L 2015, c 96, §2]
HI Rev Stat § 200-10.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-10.5 Sailing school vessels; rules. The department shall adopt rules for the regulation and operation of sailing school vessels. Until the rules are adopted, sailing school vessels shall be classified as recreational vessels and subject to rules adopted under sections 200-4 and 200-9 that pertain to recreational vessels; provided that sailing school vessels shall be exempt from: (1) All requirements for permits and fees; and (2) All rules pertaining to: (A) Mooring or anchoring of recreational vessels at any offshore mooring area; and (B) Living aboard a vessel while the vessel is moored within ocean waters of the State. [L 1996, c 188, §2]

  §200-10.5 Sailing school vessels; rules. The department shall adopt rules for the regulation and operation of sailing school vessels. Until the rules are adopted, sailing school vessels shall be classified as recreational vessels and subject to rules adopted under sections 200-4 and 200-9 that pertain to recreational vessels; provided that sailing school vessels shall be exempt from:  (1) All requirements for permits and fees; and  (2) All rules pertaining to:  (A) Mooring or anchoring of recreational vessels at any offshore mooring area; and  (B) Living aboard a vessel while the vessel is moored within ocean waters of the State. [L 1996, c 188, §2]
HI Rev Stat § 200-11 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-11 Existing permits.

  §200-11 Existing permits. An owner of a vessel used as a principal place of habitation holding a permit for that use in a state small boat harbor on June 9, 1976, may continue to moor the vessel in that harbor for such purpose and be permitted to obtain a new mooring permit; provided that the owner conforms to conditions set forth in sections 200-9 and 200-10. [L 1991, c 272, pt of §2]
HI Rev Stat § 200-12 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-12 Administration of state small boat harbors.

  §200-12 Administration of state small boat harbors. The department shall include a separate administrative unit which shall administer the state small boat harbors and the state comprehensive recreational boating program. The unit shall:  (1) Adopt necessary rules under section 200-4 for the purposes of this section;  (2) Organize a comprehensive recreational boating program; and  (3) Develop standard permits, and fees, for moorage in state small boat harbors to comply with section 200-10. [L 1991, c 272, pt of §2]
HI Rev Stat § 200-12.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-12.5 Native Hawaiian canoes; education.

  §200-12.5 Native Hawaiian canoes; education. (a) In all state small boat harbors, the department shall accommodate the mooring of native Hawaiian canoes owned or leased by a nonprofit corporation, association, organization, or other duly chartered entity that operates native Hawaiian canoes for educational purposes.  (b) Any owner or lessee of a native Hawaiian canoe accommodated under subsection (a) shall submit to the department an annual report describing how the educational activities that were conducted during the previous year used, involved, or focused on the native Hawaiian canoe. The report shall include:  (1) A description of each educational activity;  (2) The date of each educational activity; and  (3) The number of participants in each educational activity.  (c) The chairperson may adopt rules pursuant to chapter 91 to implement this section. [L 2013, c 243, §2]
HI Rev Stat § 200-13 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-13 Marine inspections.

  §200-13 Marine inspections. (a) The department shall:  (1) Develop a list of minimum requirements for the marine inspection of vessels seeking permits to moor in state small boat harbors;  (2) Approve qualified marine surveyors to inspect vessels seeking permits to moor in state small boat harbors; and  (3) Approve a fee schedule for marine surveyors' inspections.  (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 inspection before an arbitration board of three inspectors approved by the department. The inspector who performed the original inspection shall not be a member of the arbitration board. [L 1991, c 272, pt of §2; am L 1994, c 113, §1] Cross References  Alien aquatic organisms, see §187A-32(b).
HI Rev Stat § 200-13.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-13.5 Vessel insurance.

  §200-13.5 Vessel insurance. (a) This section shall apply to:  (1) All owners of vessels originally manufactured with a length of twenty-six feet or more that are:  (A) Required to be registered pursuant to section 200-31(a); or  (B) Operated in state ocean waters with a valid documentation number from the United States Coast Guard; and  (2) Owners of vessels originally manufactured with a length of less than twenty-six feet who were or are the registered owner of a grounded vessel located anywhere in the State or state ocean waters.  (b) All owners of vessels subject to this section pursuant to subsection (a) shall obtain insurance coverage with a limit of not less than $100,000 per occurrence, in a form and content to ensure that removal and salvage of a grounded vessel are covered; provided that the vessel owner may provide alternative proof of insurance, approved by the department, to comply with this section.  (c) The board of land and natural resources may grant an exemption from the marine insurance coverage requirement of this section for a transient vessel not moored in a state small boat harbor, offshore mooring area, or other facility under the jurisdiction of the department; provided that the board finds that there is good cause and that there are extraordinary circumstances necessitating the exemption.  (d) The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this section.  (e) For the purposes of this section:  "Grounded vessel" means a vessel that made contact with the bed of a body of water and cannot move from the position under its own power.  "Transient vessel" means any vessel visiting the State for a period of less than ninety days. [L 2019, c 94, §2]
HI Rev Stat § 200-14 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-14 Violation of rules; penalty.

  §200-14 Violation of rules; penalty. (a) Except as provided in subsection (b), any person who violates any rule adopted by the department under this part or who violates this part, shall be fined not more than $1,000 or less than $50 for each violation, and any vessel, the agents, owner, or crew of which violate the rules of the department or this part, shall be fined not more than $1,000 or less than $50 for each violation; provided that in addition to or as a condition to the suspension of the fines and penalties, the environmental court may deprive the offender of the privilege of operating or mooring any vessel in state waters for a period of not more than thirty days.  (b) Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein. A person found to have committed such a traffic infraction shall be fined not more than:  (1) $100 for a first violation;  (2) $200 for a second violation; and  (3) $500 for a third or subsequent violation.  (c) Notwithstanding the provisions of subsection (a) establishing a fine of not more than $1,000 or less than $50 for each violation, any person who violates any rule adopted by the department relating to unauthorized discharge, dumping, or abandoning, in any state boating facility or state waters, of any petroleum product, hazardous material, or sewage in violation of the state water quality standards established by the department of health, shall be fined not more than $10,000 for each day of violation, and any vessel, the agents, owner, or crew of which violate the rules of the department shall be fined not more than $10,000 for each day of violation. [L 1991, c 272, pt of §2; am L 1994, c 38, §1; am L 1997, c 204, §1; am L 2008, c 101, §4; am L 2014, c 218, §]
HI Rev Stat § 200-14.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-14.5 General administrative penalties.

 §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 administrative fines and fees and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of subtitle 8 of title 12 or any rule adopted thereunder. Each day or instance of violation shall constitute a separate offense.  (b) For violations involving pollution of the waters of the State, the administrative fine shall be as follows:  (1) For a first violation or a violation beyond five years of a previous violation, a fine of not more than $10,000;  (2) For a second violation within five years of a previous violation, by a fine of not more than $15,000; and  (3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000.  (c) For all other violations the administrative fine shall be as follows:  (1) For a first violation or a violation beyond five years of a previous violation, a fine of not more than $5,000;  (2) For a second violation within five years of a previous violation, by a fine of not more than $10,000; and  (3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $15,000.  (d) Any criminal action against a person for any violation of subtitle 8 of title 12 or any rule adopted thereunder shall not preclude the State from pursuing civil legal action to recover administrative fines, fees and costs, or damages against that person. Any civil legal action to recover administrative fines, fees and costs, or damages for any violation of subtitle 8 of title 12 or any rule adopted thereunder shall not preclude the State from pursuing any appropriate criminal action against that person. All fines, fees and costs, or damages recovered by the department under this section shall be deposited in the boating special fund. [L 1999, c 41, §1]
HI Rev Stat § 200-15 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-15 Vessels or property taken into legal custody; unauthorized control.

  §200-15 Vessels or property taken into legal custody; unauthorized control. No person shall exercise control over a vessel or other property that is under legal custody, seizure, or detention by the department. [L 1991, c 272, pt of §2]
HI Rev Stat § 200-16.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-16.5 Responsibility of vessel owner; evidence of unauthorized mooring.

  §200-16.5 Responsibility of vessel owner; evidence of unauthorized mooring. (a) In any proceeding for violation of any statute or rule relating to the mooring of vessels, evidence of ownership including:  (1) The state registration number;  (2) The documented name or number of a vessel; or  (3) Any other identifying name or number; affixed to a vessel involved in the violation shall create a presumption that the owner of the vessel was the person who unlawfully moored or placed the vessel at the point where, and during the time when, the violation occurred.  (b) A vessel owner may present competent evidence that the vessel was sold, transferred, or stolen, or was moored or placed in accordance with prior written permission of the State or due to an emergency berthing condition to rebut the presumption established in subsection (a). [L 1996, c 188, §1]
HI Rev Stat § 200-17 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-17 Designated slip for Coast Guard auxiliary.

  §200-17 Designated slip for Coast Guard auxiliary. (a) The department may designate one boat slip, that is not contiguous to the United States Coast Guard, in each harbor to be dedicated to a Coast Guard auxiliary vessel and designated as an auxiliary operational facility. The slip shall be occupied by a Coast Guard auxiliary vessel that shall be equipped and operated to answer emergency search and rescue calls. The Coast Guard shall pay the regular slip rate.  (b) The department may adopt rules pursuant to chapter 91 in consultation with the United States Coast Guard to implement this section. [L 1995, c 86, §1]
HI Rev Stat § 200-18 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-18 Records of suspensions and revocations of operating privileges to be maintained.

 §200-18 Records of suspensions and revocations of operating privileges to be maintained. (a) The department shall maintain a record of all persons adjudicated of violations under part III of chapter 291E and the period of suspension or revocation of operator privileges ordered by the director under that part.  (b) The department shall maintain a record of all persons convicted of offenses or violations under part IV of chapter 291E and the period of suspension or revocation of operator privileges ordered by the court under that part. [L 2001, c 157, §2] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 200-19 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-19 Private financing of small boat harbor improvements.

  §200-19 Private financing of small boat harbor improvements. (a) Notwithstanding any law to the contrary, the board may enter into a capital advancement contract with a private party for any public improvement to or construction of a state small boat harbor, if the chairperson determines that a capital advancement contract promotes the best interest of the State by finding that:  (1) Private development is likely to be less costly than any other type of contract;  (2) Private development provides needed public improvements on a significantly more timely basis; or  (3) Public financing for the public improvements is not available on a timely basis.  (b) A capital advancement contract under subsection (a) may be financed by legislative appropriation to reimburse the private party or by credit against the private party's future rental or tariff payments to the State; provided that the terms of the contract shall ensure that the State benefits financially from the arrangement and that public use of the facility is maintained; provided further that capital advancement contracts under this section shall not be general obligations of the State for which the full faith and credit of the department is pledged and the legislature shall have no obligation to appropriate funds to reimburse a private party to a capital advancement contract.  (c) A capital advancement contract under subsection (a) shall be subject to the requirements of chapters 103 and 103D and be subject to the approval of the board; provided that all related transactions shall be subject to state audit.  (d) The board may execute capital advancement contracts pursuant to subsection (a) with a total contract value of $2,000,000 or less without legislative approval. If the total value of a capital advancement contract pursuant to subsection (a) is greater than $2,000,000 then the board shall obtain legislative approval in the form of the adoption of a concurrent resolution affirming the purpose, project, and contract issuance prior to executing the capital advancement contract. The total aggregate value of all capital advancement contracts entered into by the board pursuant to this section shall not exceed $5,000,000 in any calendar year.  (e) For the purposes of this section:  "Capital advancement contract" means an agreement between the board and a private party whereby the private party agrees to furnish capital, labor, or materials for a public improvement to or construction of a state small boat harbor and in return for which the private party may be reimbursed in a manner to be determined by the board.   "Total value" includes any contract extension, project redesign, add-ons, or any other occurrence, act, or material cost that may increase the cost of the contracted project. [L 2001, c 285, §2] Cross References  Private financing of harbor improvements, see §266-19.5
HI Rev Stat § 200-20 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-20 Hawaiian outrigger canoes on state shoreline areas.

  §200-20 Hawaiian outrigger canoes on state shoreline areas. Hawaiian outrigger canoe clubs registered with the Hawaiian Canoe Racing Association, Hui Wa €˜a Association, its affiliates, or its successor organization may keep their Hawaiian outrigger canoes at no charge on state shoreline areas; provided that:  (1) The club shall indemnify, hold harmless, and defend the State, its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or undertaken under this section, and shall procure sufficient insurance to provide this indemnification if requested by the department;  (2) The club shall coordinate the placement of canoes with the applicable state or county authority to appropriately accommodate all beach users; and  (3) Where required, the club shall secure an annual revocable permit from the applicable state or county agency. [L 2005, c 220, §2]
HI Rev Stat § 200-21 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-21 Declaration of policy.

  §200-21 Declaration of policy. The legislature hereby finds, determines, and declares that this part is necessary to promote and attain:  (1) The full use and enjoyment of the waters of the State;  (2) The safety of persons and the protection of property as related to the use of the waters of the State;  (3) A reasonable uniformity of laws and rules regarding the use of the waters of the State; and  (4) Conformity with, and implementation of, federal laws and requirements. [L 1991, c 272, pt of §2]
HI Rev Stat § 200-22 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|200. Ocean Recreation and Coastal Areas Programs|200-22 Purpose.

  §200-22 Purpose. The purpose of this part is to authorize the chairperson to adopt rules for the regulation of vessels and their use in the waters of the State, which, together with the provisions of this part, shall conform with and supplement federal laws and requirements to fully implement the declared policy of section 200-21. [L 1991, c 272, pt of §2]