reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-28 Duty of operator involved in, and at the scene of, a boating accident; limitations on liability.

§200-28 Duty of operator involved in, and at the scene of, a boating accident; limitations on liability.
(a) An operator involved in a boating accident, if and so far as the operator can do so without serious danger to the operator's own vessel, or person aboard, shall render such assistance as may be practicable and necessary to other persons and any property in order to save them from danger caused by the accident. The operator shall also make every reasonable effort to identify oneself by giving the operator's name and address and the identification of the vessel the operator was operating to:
(1) All persons injured;
(2) All owners of properties damaged; and
(3) All operators of other vessels involved in the accident.
It shall further be the operator's duty to reasonably cooperate with all duly authorized personnel of governmental agencies investigating the accident.
(b) Any person who renders assistance in compliance with subsection (a) and any person who in good faith without remuneration or expectation of remuneration renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be liable for any civil damages resulting from the person's acts or omissions in providing or arranging towage, medical treatment, or other assistance, except for damages as may result from the person's gross negligence or wanton acts or omissions. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-29 Accident reports by operators; confidential nature.

§200-29 Accident reports by operators; confidential nature.
The operator of:
(1) Any vessel involved in a boating accident in the waters of the State; and
(2) Any vessel required to be registered, or registered, with the department and involved in a boating accident in any waters,
shall file a written report with the department truthfully setting forth all relevant information required by the department; provided that the report need not be filed with the department where the operator is required by federal laws and requirements to report the accident to the Coast Guard.
The department shall transmit information of all boating accidents to the Coast Guard as may be requested by the agency for compilation, analysis, and publication of statistics.
The accident reports required by this section shall be used only to enable the department and the Coast Guard to make findings with respect to the causes of accidents and recommendations for their prevention, and to compile information for use in making statistical reports; except that the accident reports may also be used in the prosecution of the filing of false accident reports. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-30 Reciprocal agreements and courtesy.

§200-30 Reciprocal agreements and courtesy.
The department may enter into, amend, revise, suspend, or revoke reciprocal agreements or arrangements with appropriate and duly authorized agencies of other jurisdictions whereby vessels properly numbered and equipped under the laws and regulations of this State are granted the same or substantially similar privileges, exemptions, and benefits enjoyed by vessels properly registered and equipped in such other jurisdictions in exchange for substantially similar privileges, exemptions, and benefits granted to properly registered and equipped vessels from other jurisdictions by the State. The department by appropriate rules may define the extent and nature of privileges, exemptions, and benefits which may be extended, as a matter of courtesy, to vessels properly numbered and equipped in other jurisdictions not covered by reciprocal agreements or arrangements.
Notwithstanding the preceding language of this section, the department shall recognize the validity of a number awarded to any vessel by:
(1) Another state under a numbering system approved by the Coast Guard under appropriate federal laws and requirements; or
(2) By the Coast Guard, for a period of at least sixty days. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-31 Vessels required to be registered and numbered.

§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:
(1) Foreign vessels temporarily using the waters of this State;
(2) Public vessels of the United States;
(3) Ships' life boats; and
(4) Other vessels exempted by the department, if federal laws and requirements permit the department to exempt the vessels.
(b) No vessel registration shall be renewed or transferred if:
(1) The registered owner is delinquent in payment of any moneys due and payable to the department;
(2) The registered owner has pending a citation for violation of any of the department's rules; or
(3) The registered owner's vessel is an abandoned vessel, grounded vessel, derelict vessel, unauthorized vessel, or vessel impounded under section 200-16. All fees and charges relating to the vessel impound as well as any other fees associated with the vessel shall be paid in full prior to the vessel registration being renewed or transferred. [L 1991, c 272, pt of §2; am L 2013, c 121, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-32 Fees and charges.

§200-32 Fees and charges.
(a) Except for vessels for which fees and charges are provided in subsection (b), the department shall assess and collect from the owner of each vessel required to be registered and numbered by section 200-31, the following fees and charges:
(1) Initial annual registration fee. For the issuance of an original certificate:
(A) For each vessel less than twenty feet in length, $13;
(B) For each vessel twenty feet or more in length, $25; and
(C) For each amphibious vehicle licensed as a motor vehicle, $15;
(2) Annual certificate renewal fee. For the annual renewal of a certificate:
(A) For each vessel less than twenty feet in length, $10;
(B) For each vessel twenty feet or more in length, $15; and
(C) For each amphibious vehicle licensed as a motor vehicle, $10;
(3) Reregistration fee. For the reregistration of a vessel, after a certificate has been canceled or voided, the appropriate amount provided in paragraph (1);
(4) Transfer fee. For the transfer of a certificate, $5;
(5) Certificate and registration sticker replacement fee. For the issuance of a replacement certificate or a replacement set of vessel registration stickers, $5;
(6) Certificate modification fee. For modifying a certificate, $5;
(7) Penalty charges for late registration, etc. For each month or fraction thereof that a registration, renewal, reregistration, or transfer is delinquent, one-tenth of the appropriate fee shall be added to the normal fee, and the department may take such other enforcement action it deems appropriate; and
(8) Exemptions. The department may reasonably establish, by rules, exemptions from the fees required by this section.
(b) For vessels owned by or operated under the custody or control of a boat manufacturer or boat dealer, the manufacturer or dealer shall pay, in lieu of the fees and charges provided for in subsection (a):
(1) Boat manufacturer and boat dealer annual certificate fee. For each certificate, a fee of $20;
(2) Annual certificate renewal fee. For the annual renewal of a certificate, a fee of $15;
(3) Certificate reissuance. For the reissuance of a certificate after a certificate has been canceled or voided, a fee of $20; and
(4) Certificate and registration sticker replacement fee. For the replacement of a certificate or registration sticker, a fee of $5. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-33 Future fee and charge increases or decreases.

§200-33 Future fee and charge increases or decreases.
Notwithstanding section 200-32, all future fee and charge increases or decreases for vessels required to be registered and numbered pursuant to section 200-31 or for vessels owned by or operated under the custody of a boat manufacturer or boat dealer shall be established by rules adopted by the department pursuant to chapter 91. Fees and charges established pursuant to this section shall supersede the fees and charges set forth in section 200-32. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-34 Disposition of revenues.

§200-34 Disposition of revenues.
All fees and penalties collected pursuant to sections 200-10, 200-14, 200-14.5, 200-25, 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 272, pt of §2; am L 2005, c 126, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-35 Uniformity.

§200-35 Uniformity.
This part shall be interpreted and construed in the manner best able to effectuate the general purposes of attaining uniformity in the laws of the State, and with the laws of other states and the United States. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-36 Preemption of local law and special rules.

§200-36 Preemption of local law and special rules.
If any ordinance or rule of any county of the State conflicts or is inconsistent with this part or with the rules adopted pursuant thereto, the ordinance or rule shall be void.
Any county of the State, at any time, may make formal request to the chairperson for the department to adopt special rules with reference to the operation and use of vessels on any waters within its jurisdiction. The request shall set forth the reasons which make these special rules necessary or appropriate.
The department may make special rules with reference to the operation and use of vessels on any waters of the State as may be reasonably necessary to implement the declared policy of section 200-21. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-37.5 Emergency communication devices.

§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:
(1) Vessel required to be registered by the State or documented by the United States Coast Guard; or
(2) Manual or sail-propelled vessel not required to be registered by the State or documented by the United States Coast Guard,
unless the vessel is equipped with a properly functioning fixed mount or handheld marine VHF-FM radio (156-162 MHz band) or emergency position indicating radio beacon.
Canoes, thrill craft, surfboards, and paddleboards shall be exempt from this section. Kayaks and training sailboats shall be exempt from this section when accompanied by at least one vessel that complies with this section.
(b) Notwithstanding the provisions of section 200-25, any person who violates this section shall be fined not more than $100 for each separate offense. Each day of each violation constitutes a separate offense. Any action taken to impose or collect the fine provided by this section shall be considered a civil action.
(c) As used in this section, an "emergency position indicating radio beacon" is an electronic device that, when activated, transmits a distress call on a designated emergency frequency to a radio or satellite receiver and is used by rescue personnel to locate the position of the signal. Emergency position indicating radio beacons shall be approved by the Federal Communications Commission and COSPAS-SARSAT, an international search and rescue organization. The 406 MHz class of emergency position indicating radio beacons shall be registered with the National Oceanic and Atmospheric Administration. The applicable United States Coast Guard regulations relating to emergency position indicating radio beacons shall prevail for commercial vessels. [L 2003, c 54, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-38 Ocean recreation management areas.

§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 parasailing, or operate a motor vessel towing a person engaged in water sledding during all weekends and state and federal holidays on Oahu in Maunalua Bay from Kawaihoa (Portlock) Point to Wailupe Peninsula and commercial zones a, b, and c.
(b) Notwithstanding any other law to the contrary, all commercial ocean recreation activities shall be prohibited on all Sundays on Oahu in Maunalua Bay.
(c) Notwithstanding any other law to the contrary, no person shall operate a thrill craft, engage in parasailing, operate a motorized vessel towing a person engaged in parasailing, engage in commercial water sledding or commercial high speed boating, or operate a commercial motor vessel towing a person engaged in water sledding between December 15 and May 15 of each year in the waters of west and south Maui from Pu`u Ola`i to Hawea Point.
(d) The department may adopt rules pursuant to chapter 91 to further implement this section. [L 1991, c 272, pt of §2; am L 1993, c 317, § §3(3), 7; am L 1998, c 4, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-40 Marine events; permits; exclusive use; cancellation fee.

§200-40 Marine events; permits; exclusive use; cancellation fee.
(a) No person shall hold a marine event, including but not limited to a regatta, marine parade, or surfing contest, without written authorization from the department; provided that the department's written authorization is not required if prior authorization has been secured from the Coast Guard.
(b) Authorization shall be in the form of a permit. All permits and permit applications shall be subject to the following:
(1) Permit applications shall be on a form prescribed by the department;
(2) Permit applications may be submitted to the department up to one year in advance of the date of a proposed event;
(3) The applicant shall submit the completed application, proof of valid insurance, and proof of approval from the land owner;
(4) The department shall use its best efforts to grant or deny a permit within thirty days of receiving a permit application;
(5) The department shall charge a fee for issuance of marine use permits under this section and collect an additional $250 nonrefundable deposit, which shall be retained by the department if the permit is canceled within sixty days of the scheduled date of the marine event;
(6) The department may issue an exclusive marine use permit to an applicant to confer upon the applicant the use of state waters and other areas under the jurisdiction of the State that have been specifically designated for use during the marine event, to the exclusion of all others who are not the applicant or event participants; provided that the department shall charge an exclusive marine use permit fee for the permit, which shall be higher than the permit fee charged pursuant to paragraph (5); and
(7) Any applicant who has been granted a permit under this section and wants to cancel the permit shall request a cancellation from the department in writing. If an applicant who has been granted a permit under this section submits a cancellation request to the department less than ninety calendar days before the scheduled date of the marine event, the department may assess a cancellation fee.
The marine use permit fee, exclusive marine use permit fee, and cancellation fee amounts to be charged by the department pursuant to this subsection shall be determined by the department.
(c) The department may adopt rules, pursuant to chapter 91, necessary to effectuate this section.
(d) As used in this section, "marine event" means an organized water event of limited duration that is conducted according to a prearranged schedule, and by its nature, circumstances, or location, will introduce extra or unusual hazards to the safety of persons or property in the waters of the State. [L 2018, c 156, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-40.5 Event spectators; hazards; mitigation. The department may adopt rules, pursuant to chapter 91, to mitigate the hazards posed by vessels, thrill craft, drones, and other means used by spectators to observe or record regattas, marine parades, surfing contests, and other marine events held in the waters of the State; provided that the department shall consult the department of transportation and the Federal Aviation Administration before adopting rules regulating the use of drones. [L 2018, c 156, pt of §2]

§200-40.5
Event spectators; hazards; mitigation.
The department may adopt rules, pursuant to chapter 91, to mitigate the hazards posed by vessels, thrill craft, drones, and other means used by spectators to observe or record regattas, marine parades, surfing contests, and other marine events held in the waters of the State; provided that the department shall consult the department of transportation and the Federal Aviation Administration before adopting rules regulating the use of drones. [L 2018, c 156, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-42 Notice to owner.

§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 requested, to any owner registered with the department or documented by the United States Coast Guard or any lien holder or operator of the vessel on record with the department or the United States Coast Guard at their respective last known address on record with the department or the United States Coast Guard. The notice shall contain a brief description of the vessel, the location of custody, and the intended disposition of the vessel if not repossessed within ten working days after the mailing of the notice.
(b) The owner, lien holder, or operator of the vessel shall have five working days after receipt of notice of impoundment of the vessel to request an administrative hearing from the state or county agency that took custody of the vessel. A request for administrative hearing shall:
(1) Be made in writing to the state or county agency that took custody of the vessel;
(2) Not be deemed delivered until the time that the agency receives the written request; and
(3) Be solely for the purpose of allowing the owner, lien holder, or operator of an impounded vessel to contest the basis given by the agency for the impoundment of the vessel.
The administrative hearing shall be held within five working days of delivery of the written request. [L 1991, c 272, pt of §2; am L 2004, c 70, §2; am L 2012, c 146, §2; am L 2021, c 218, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-43 Public auction; disposition of abandoned vessels.

§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 200-42 may be sold at public auction by the state or county agency that took custody of the vessel. If the agency does not, or is unable to, sell the vessel at public auction, the agency, after giving public notice of intended disposition, may sell the vessel by negotiation, retain and use the vessel, donate the vessel to any other government agency, or dispose of the vessel as junk. [L 1991, c 272, pt of §2; am L 1998, c 2, §54; am L 2021, c 218, §5]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-44 Possession by interested party.

§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, handling and storage charges, appraisal and advertising expenses, and any other expenses incurred by that state or county agency in connection with the vessel. If the person taking possession of the vessel is not the registered or documented owner, the person, prior to taking possession of the vessel, shall pay the foregoing expenses and post security satisfactory to the state or county agency, which shall not exceed the value of the vessel. The security, if not forfeited, shall be returned to the person posting it within two years after receipt. [L 1991, c 272, pt of §2; am L 2004, c 70, §3; am L 2012, c 146, §3]
Case Notes
State had no statutory basis upon which to charge fees for the impoundment and disposal of vessel under §200-49 or this section where vessel had not been repossessed and State had engaged in the negotiated sale of the vessel for a purchase price of $0.00. 91 H. 1, 979 P.2d 586 (1999).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-46 Effect of sale.

§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 §2; am L 2012, c 146, §5]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-47 Disposition of proceeds.

§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 other expense incurred by the agency in taking into custody and disposing of an abandoned vessel, derelict vessel, or vessel impounded under section 200-16, into the boating special fund or other state or county fund, as appropriate, from which the expenses incurred in connection with the vessel were paid. The balance, if any, shall be deposited into the general fund of the State. The owner may recover any balance of the proceeds from the State only if the owner files a claim therefor with the department of budget and finance within one year after the execution of the bill of sale. If no claim is made within the year allowed, the money shall become a state realization. A lien holder shall receive priority in payment from the balance of the proceeds to the extent of the lien holder's lien on the vessel. If the proceeds of the sale are insufficient to cover the mooring and other fees and charges, the expenses of the auction, and the other expenses incurred by the agency in taking into custody and disposing of the vessel, the agency may bring an action for the deficiency in [an] environmental court of appropriate jurisdiction against the registered or documented owner or any person who had an interest in the vessel when custody was taken by the agency. [L 1991, c 272, pt of §2; am L 2004, c 70, §5; am L 2012, c 146, §6; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-48 Derelict vessel.

§200-48 Derelict vessel.
A vessel which has been left unattended for a continuous period of more than twenty-four hours is a derelict if:
(1) The vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering life or property; or
(2) The vessel has been moored or otherwise left in the waters of the State or on public property contrary to law, or rules having the force and effect of law, or the vessel has been left on private property without authorization of the owner or occupant of the property and if:
(A) The vessel's registration certificate or marine document has expired and the registered owner no longer resided at the address listed in the vessel registration or marine document records of the department or the United States Coast Guard;
(B) The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined;
(C) The vessel identification numbers and other means of identification have been removed so as to hinder or nullify efforts to locate or identify the owner; or
(D) The vessel registration records of the department and the marine document records of the United States Coast Guard contain no record that the vessel has ever been registered or documented and the owner's name or address cannot be determined. [L 1991, c 272, pt of §2]
Case Notes
A vessel and its accompanying mooring and live-aboard permits are constitutionally protected "property", of which an individual may not be deprived without notice and an opportunity to be heard. 91 H. 1, 979 P.2d 586 (1999).
Where an owner's right to a hearing subsequent to impoundment of a derelict vessel was not clearly established under §200-49, this section, or other law at the time of state boating officer's actions, it was not unreasonable for officers to have believed it was lawful to dispose of vessel without a hearing; thus officers, in individual capacities, entitled to qualified immunity in 42 U.S.C. §1983 action. 91 H. 1, 979 P.2d 586 (1999).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-51 Disposition of vessels abandoned on the premises of a vessel repair business, private marina, yacht club, or other private property.

Note
Part heading amended by L 1999, c 232, §1; L 2012, c 146, §7.
§200-51 Disposition of vessels abandoned on the premises of a vessel repair business, private marina, yacht club, or other private property.
When any person abandons a vessel upon the premises of a vessel repair business, a private marina, a yacht club, or other private property, the owner of the vessel repair business or private marina, or the owner's representative; the designated representative of the yacht club; or the owner of other private property, may sell or dispose of the vessel in accordance with this part. [L 1991, c 272, pt of §2; am L 1999, c 232, §2; am L 2012, c 146, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-52 When vessel deemed abandoned on the premises of a vessel repair business, private marina, or yacht club.

§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:
(1) The service requested or required by a person whose vessel is navigated, towed, or brought to a vessel repair business, private marina, or yacht club, such as mooring, storage, towing, and rendering estimates of the cost of repairs, has been performed;
(2) No authorization is given to perform any further service respecting the vessel, or to allow mooring, or storage, but the vessel is left on the repair business, private marina, or yacht club premises;
(3) The owner of the repair business or private marina, or the owner's authorized representative, or the designated representative of the yacht club, has given notice by registered or certified mail, to the registered owner of the vessel at the address on record at the vessel repair business, private marina, or yacht club, and the address on record at the department or United States Coast Guard, and to any person with a recorded interest in the vessel stating that, if the vessel is not repossessed within thirty days after the mailing of the notice, it will be sold or disposed of. The notice also shall contain a description of the vessel and its location. The notice need not be sent to an owner or any person with an unrecorded interest in the vessel whose name or address cannot be determined and, absent evidence to the contrary, a notice shall be deemed received by the legal or registered owner five calendar days after the mailing; and
(4) The vessel is not repossessed within the thirty-day period. [L 1991, c 272, pt of §2; am L 1999, c 232, §3; am L 2012, c 146, §9]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-53 Sale or disposition of vessel.

§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 advertisement in a newspaper of general circulation in the State, may negotiate a sale of the vessel or dispose of it; provided that the vessel shall not be sold or disposed of less than five calendar days after the publication of the advertisement. Upon the sale or disposal of the vessel under this part, 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, shall file an affidavit with the department stating to whom the vessel was sold or, if the vessel was not sold, the manner in which the vessel was disposed of pursuant to this part. [L 1991, c 272, pt of §2; am L 1999, c 232, §4; am L 2012, c 146, §10]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-54 Disposition of proceeds.

§200-54 Disposition of proceeds.
The authorized seller of the vessel shall be entitled to the proceeds of the sale to the extent of the compensation that is due the seller for services rendered in connection with the vessel, including reasonable and customary charges for towing, handling, and storage, and the cost of notices and advertising required by this part. A lien holder shall receive priority in payment from the balance to the extent of the lien holder's lien. Any remaining balance shall be forwarded to the registered owner of the vessel, if the registered owner can be found. If the registered owner cannot be found, the balance shall be deposited with the director of finance of the State and shall be paid out to the registered owner of the vessel, if a proper claim is filed thereof within one year from the execution of the sale agreement. If no claim is made within the year allowed, the money shall become a state realization. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-55 Effect of transfer of title.

§200-55 Effect of transfer of title.
The transfer of title and interest by sale under this part is a transfer by operation of law; provided that a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-61 Definitions.

§200-61 Definitions.
As used in this part:
"Enforcement officer" means a police officer and any other state or county officer charged with the enforcement of state laws.
"Vessel" means every description of watercraft used or capable of being used as a means of transportation on water.
"Waters of the State" means any waters within the jurisdiction of the State, the marginal seas adjacent to the State, and the high seas when navigated as part of a journey or ride to or from the shores of the State. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-62 Trespass to vessel; penalty.

§200-62 Trespass to vessel; penalty.
Whoever, without right, boards or remains in or upon any vessel of another within the waters of the State shall be guilty of a misdemeanor. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-63 Questioning and detaining suspected persons aboard a vessel.

§200-63 Questioning and detaining suspected persons aboard a vessel.
An enforcement officer may detain any person found upon a vessel under circumstances as reasonably justify a suspicion that the person boarded without permission for the purpose of demanding, and may demand of the person, the person's name, address, and the nature of the person's business upon the vessel. If the enforcement officer has reason to believe that the person has no right to be upon the vessel, the enforcement officer may arrest the person without a warrant on the charge of violating section 200-62. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-71 Hull, defined.

§200-71 Hull, defined.
As used in this part, "hull" means the shell, frame, or body of a vessel, exclusive of masts, yards, sails, riggings, machinery, and equipment. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-72 Defacing, etc., vessel hull identification numbers.

§200-72 Defacing, etc., vessel hull identification numbers.
No person shall wilfully deface, destroy, remove, or alter the vessel hull identification number which is carved, burned, stamped, embossed, or otherwise permanently affixed to the hull of a vessel by the manufacturer, or by the owner in the case of restoration, for the purpose of identifying the hull. This section does not prohibit the restoration by an owner of an original number when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business, numbers or marks upon new hulls. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-73 Unlawful to possess certain vessels or hulls.

§200-73 Unlawful to possess certain vessels or hulls.
No person shall possess a vessel or hull, knowing that the vessel hull identification number, placed on the same by the manufacturer or the owner for the purpose of identification, has been changed, altered, erased, or mutilated for the purpose of changing the identity of the vessel or hull thereof. Any vessel or hull from which the vessel hull identification number carved, burned, stamped, embossed, or otherwise permanently affixed to the hull by the manufacturer or by the owner, has been removed, defaced, or altered shall be caused by the chairperson to be taken into custody and, if not identified, disposed of pursuant to part III. If identified, the chairperson shall:
(1) Notify the owner at the owner's last known address or the address shown on the records of the department or United States Coast Guard, and all lien holders who have properly filed a financing statement, referencing the name of the registered owner, in the bureau of conveyances or who are shown on the records of the department or United States Coast Guard;
(2) Authorize restoration of the original vessel hull identification number or if unknown, assign a new number; and
(3) Restore the vessel or hull to the owner upon payment to the State of all costs and expenses incurred by the State causing the vessel to be taken into custody. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200D. Kaneohe Bay Regional Council › 200D-1 Definitions.

§200D-1 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
"Council" means the Kaneohe Bay regional council.
"Lead agency" means the department of land and natural resources.
"Master plan" means the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, and amended by section 200D-3.
"Members" means the members of the Kaneohe Bay regional council.
[L 1993, c 317, pt of §2, §7; am L 1998, c 4, §3 and c 129, §3; am L 2009, c 68, §1; am L 2010, c 19, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200D. Kaneohe Bay Regional Council › 200D-2 Kaneohe Bay regional council; establishment.

§200D-2 Kaneohe Bay regional council; establishment.
(a) There is established within the department of land and natural resources, for administrative purposes only, the Kaneohe Bay regional council; provided that except for the participation on the council of the two representatives from the department of land and natural resources as ex officio nonvoting members pursuant to subsection (c) and except as provided under section 26-35, the department of land and natural resources shall not provide administrative support to the council, including providing staff, drafting, and other support at council meetings. The council shall be composed of seven voting members appointed by the governor in accordance with section 26-34 and ex officio nonvoting members as provided in subsection (c). The members shall serve without compensation.
(b) The voting members of the council shall include one representative from each of the following: the Kaneohe neighborhood board, the Kahaluu neighborhood board, the Kaneohe Bay Commercial Operators Association, the Kaneohe Bay fishing panel established by this chapter, a Kaneohe Bay recreational boating association, the Hawaii institute of marine biology of the University of Hawaii, and the office of Hawaiian affairs.
(c) The director of health; a representative of the department of land and natural resources division of boating and ocean recreation; the administrator of the aquatic resources division; the commanding officer of the Kaneohe Marine Corps Air Station; and the director of the office of planning and sustainable development; or their designated representatives shall serve as ex officio[,] nonvoting members of the council. Additionally, the council may designate representatives of other appropriate agencies as ex officio, nonvoting members of the council.
(d) Four voting members shall constitute a quorum to do business and any action taken by the council shall be validated by a simple majority of the quorum.
(e) The chairperson shall be the administrator of the aquatic resources division.
[L 1993, c 317, pt of §2, §7; am L 1996, c 299, §3; am L 1998, c 4, §3; am L 2009, c 68, §1; am L 2010, c 19, § §1, 4; am L 2014, c 85, §1; am L 2021, c 153, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200D. Kaneohe Bay Regional Council › 200D-3 Kaneohe Bay regional council; general powers, duties, and functions.

§200D-3 Kaneohe Bay regional council; general powers, duties, and functions.
The council shall have the following powers and duties and perform the following functions:
(1) Facilitate the implementation of the master plan as it relates to ocean use activities;
(2) Review and periodically amend the master plan as it relates to ocean use activities;
(3) Serve as a central coordinative clearinghouse of public and private activities in Kaneohe Bay, and as a repository and disseminator of information on the bay;
(4) Facilitate productive interaction between users of the bay and the general public in order to develop a common vision and make recommendations for public policy related to the bay;
(5) Recommend research, studies, data collection, and planning activities designed to provide additional information on Kaneohe Bay, with particular reference to the specific needs of the bay, and to publicize the results thereof, to the extent that these functions do not duplicate or supplant activities provided by other state or county agencies;
(6) Advise and make recommendations to the State and the county on matters regarding the use of Kaneohe Bay by the general public, marine research programs, and commercial ocean use activities, including legislative matters;
(7) Develop short- and long-term goals based on the master plan, resources, and programs for Kaneohe Bay;
(8) Educate the public and users of Kaneohe Bay on the problems and needs of the bay through public education programs;
(9) Serve as the public advocate for Kaneohe Bay;
(10) Initiate and maintain contact with public, private, county, and state organizations, agencies, and individuals engaging in activities in Kaneohe Bay;
(11) Establish a Kaneohe Bay fishing panel to monitor fishing activities in the bay, as recommended in the master plan as it relates to ocean use activities; and
(12) Hold quarterly meetings on the status of the implementation of the master plan.
[L 1993, c 317, pt of §2, §7; am L 1998, c 4, §3 and c 129, §4; am L 2009, c 68, §1; am L 2010, c 19, §4; am L 2014, c 85, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200D. Kaneohe Bay Regional Council › 200D-4 Annual meeting.

§200D-4 Annual meeting.
The council shall schedule and conduct a meeting in accordance with chapter 92 in each year of its operation.
[L 1993, c 317, pt of §2, §7; am L 1998, c 4, §3; am L 2009, c 68, §1; am L 2010, c 19, § §2, 4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200D. Kaneohe Bay Regional Council › 200D-5 Annual report.

§200D-5 Annual report.
The council shall submit an annual report on its activities to the governor and the legislature, which may include recommendations; provided that the recommendations are consistent with the purposes of this chapter.
[L 1993, c 317, pt of §2, §7; am L 1998, c 4, §3; am L 2009, c 68, §1; am L 2010, c 19, § §3, 4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-1 Definitions.

§201-1 Definitions.
The following terms, whenever used in this part, shall have the following respective meanings, unless a different meaning clearly appears in the context:
"Agriculture" and "agricultural" mean the planting, cultivating, and harvesting of crops, including those so planted, cultivated, and harvested for food, ornamental, grazing, or forest purposes. Once the crops are harvested and transported to a point of distribution, they cease to be agricultural in the terms of this part.
"Department" means the department of business, economic development, and tourism.
"Government" means the State, or any of its political subdivisions, agencies, and instrumentalities, corporate or otherwise.
"Industry" and "industrial" mean the manufacture, processing, or assembly of raw, semimanufactured, or manufactured products, including agricultural products, but for the purposes of this part, shall not include the growing, cultivation, or harvesting of agricultural products. [L 1957, c 23, §1; am L Sp 1959 2d, c 1, § §10, 25; am L 1963, c 2, §3; Supp, §28A-1.5; HRS §201-1; am L 1987, c 336, §7; am L 1990, c 293, §8]
Revision Note
Numeric designations deleted and definitions rearranged pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-2 General objective, functions, and duties of department.

§201-2 General objective, functions, and duties of department.
(a) It shall be the objective of the department of business, economic development, and tourism to make broad policy determinations with respect to economic development in the State and to stimulate through research and demonstration projects those industrial and economic development efforts that offer the most immediate promise of expanding the economy of the State. The department shall endeavor to gain an understanding of those functions and activities of other governmental agencies and of private agencies that relate to the field of economic development. It shall, at all times, encourage initiative and creative thinking in harmony with the objectives of the department.
(b) The department of business, economic development, and tourism shall have jurisdiction over state planning under chapter 225M and the Hawaii State Planning Act under chapter 226. Due to the inherently interdependent functions of development, planning, and land use, these functions shall not be transferred by executive order, directive, or memorandum, to any other department, nor shall these functions be subject to review or approval by any other department. [L 1955, c 264, pt of §1; RL 1955, §28A-5; am L 1957, c 23, §4; am L Sp 1959 2d, c 1, § §10, 25; am L 1963, c 2, §3; HRS §201-2; am L 1987, c 336, §7; am L 1990, c 293, §8; am L Sp 2005, c 12, §2; am L 2021, c 153, §3]
Cross References
Organization, generally, see §26-18.
Facilitation of permit processing, see § §201-61 to 201-65.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-2.5 Fees for services rendered and products provided.

§201-2.5 Fees for services rendered and products provided.
(a) The department of business, economic development, and tourism may establish reasonable fees for services rendered and products provided by the department. The department shall maintain a reasonable relationship between the revenues derived from fees and the cost or fair value of services rendered and products provided.
(b) The department shall adopt rules pursuant to chapter 91 to carry out its responsibilities under this section. [L 1987, c 122, §2 and am c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-3.5 "Hawaii Made" program for manufactured products oversight; "Hawaii Made" trademark.

§201-3.5 "Hawaii Made" program for manufactured products oversight; "Hawaii Made" trademark.
(a) The department of business, economic development, and tourism shall administer and oversee a "Hawaii Made" program for manufactured products and shall hold ownership of the "Hawaii Made" trademark.
(b) For purposes of this section, the department of business, economic development, and tourism shall:
(1) Promote consumer demand for "Hawaii Made" products;
(2) Coordinate manufacturing of "Hawaii Made" products;
(3) Coordinate and promote distribution channels for "Hawaii Made" products;
(4) Ensure that appropriate patents and copyrights are acquired for "Hawaii Made" products; and
(5) Identify new funding opportunities to promote the expansion of "Hawaii Made" products.
(c) No person shall:
(1) Keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or other merchandise that:
(A) Is labeled "Hawaii Made"; or
(B) By any other means, represents the origin of the item as being from any place within the State; or
(2) Use the phrase "Hawaii Made" as an advertising or media tool,
for any item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State, including Hawaii-sourced goods, services, and intellectual property. [L Sp 2021, c 2, §1]