reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199. Conservation and Resources Enforcement Program › 199-5 Summons or citation.

§199-5 Summons or citation.
There shall be a form of summons or citation for use in citing violators of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, which do not mandate the physical arrest of the violators. The summons or citation shall be printed in a form commensurate with the form of other summons or citation used in modern methods of arrest and shall be so designed to include all necessary information to make it valid and legal within the laws and rules of the State. The form and content of the summons or citation shall be adopted or prescribed by the district courts.
In every case where a summons or citation is issued, the original of the same shall be given to the violator; provided that the district courts may prescribe the issuance to the violator of a carbon copy of the summons or citation and provide for the disposition of the original and any other copies. Every summons or citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. [L 1978, c 171, pt of §1; am L 1981, c 85, §113; am L 1997, c 17, §2; am L 2004, c 142, §12]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199. Conservation and Resources Enforcement Program › 199-6 Failure to obey a summons.

§199-6 Failure to obey a summons.
Any person who fails to appear at the place and within the time specified in the summons or citation issued by the officers or their agents or subordinates, upon that person's arrest for violation of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, shall be guilty of a petty misdemeanor and, upon conviction, shall be fined not more than $500 or be imprisoned not more than thirty days, or both.
If any person fails to comply with a summons or citation issued, or if any person fails or refuses to deposit bail as required and within the time permitted, the officers shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.
When a complaint is made to any prosecuting officer of the violation of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, the officer who issued the summons or citation shall subscribe to it under oath administered by another official or officials of the department of land and natural resources whose names have been submitted to the prosecuting officer and who have been designated by the chairperson of the board of land and natural resources to administer the same. [L 1978, c 171, pt of §1; am L 1981, c 85, §114; gen ch 1985, 1993; am L 1997, c 17, §3; am L 2004, c 142, §13]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199. Conservation and Resources Enforcement Program › 199-8 Inspection; exhibit upon demand; penalty.

§199-8
Inspection; exhibit upon demand; penalty.
(a) Notwithstanding section 199-7, any conservation and resources enforcement officer of the department of land and natural resources upon whom the board of land and natural resources has conferred police powers may, in the performance of the officer's official duties, stop and temporarily detain any person who the officer reasonably believes is, or recently has been, engaged in hunting or fishing. During this brief detention, the officer, upon lawful demand, may inspect any license, permit, stamp, tag, or other documentation required for hunting or the taking of aquatic resources, as well as any game or aquatic life in the person's possession, including the contents of any receptacle or container of any kind that could reasonably be used to carry the regulated game or aquatic life, and any equipment, article, or device capable of taking the game or aquatic life, while reasonably proximate to the respective hunting or fishing area, to determine whether the person is in compliance with any provision of title 12 and any rules adopted thereunder regulating hunting or aquatic life and conservation of wildlife or aquatic resources. Unless otherwise allowable under section 183D-25, upon probable cause, or incident to arrest, the officer shall not inspect the clothing upon the person who is subject to a natural resource inspection related to hunting or fishing, nor shall the officer inspect the contents of any receptacle or container that could not reasonably be used to carry game or aquatic life.
(b) Any inspection shall be conducted within a reasonable distance from the environment in which the hunting or fishing took place and shall not include vehicular inspections beyond a reasonable distance unless upon probable cause or failure to heed a demand to stop when requested to submit to an administrative inspection for title 12 resources or equipment used for the capture or take of wildlife or aquatic resources as used in hunting or fishing. Inspections shall be conducted by any person authorized by the department of land and natural resources to enforce title 12 and any rule adopted thereunder.
(c) For violations of this section, the administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $1,000;
(2) For a second violation within five years of a previous violation, a fine of not more than $2,000; and
(3) For a third or subsequent violation within five years of a previous violation, a fine of not more than $3,000.
(d) For the purposes of this section:
"Fishing" means the taking of any regulated aquatic life, as defined in section 187A-1.
"Game" or "wildlife" includes any animal parts thereof. [L 2021, c 47, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199. Conservation and Resources Enforcement Program › 199-9 Unmanned aircraft systems program.

§199-9 Unmanned aircraft systems program.
(a) No later than June 30, 2025, the department of land and natural resources shall establish an unmanned aircraft systems program, which shall be compliant with all applicable federal and state laws, to assist the conservation and resources enforcement program in carrying out its duties under this chapter.
(b) Conservation and resources enforcement officers may use unmanned aircraft systems to monitor, investigate, and obtain evidence of natural and cultural resource violations to carry out the purposes of this chapter.
(c) The department of land and natural resources shall maintain detailed records of the use of unmanned aircraft systems and the effectiveness of the unmanned aircraft systems program.
(d) The department of land and natural resources shall submit an annual report to the legislature no later than January 1, 2026, and every year thereafter, on the unmanned aircraft systems program for the preceding annual period. The report shall be available to the public on the department's website and include:
(1) A log of each use of an unmanned aircraft system, including the date, time, location, and types of incidents and justification for use;
(2) A log of the civil or criminal investigations aided by the use of an unmanned aircraft system;
(3) A log of any other uses of an unmanned aircraft system; and
(4) A description of the program costs for the reporting period.
(e) The department of land and natural resources may adopt rules pursuant to chapter 91 to carry out the purposes of this section.
(f) The department of land and natural resources shall not purchase, operate, or otherwise acquire or use unmanned aircraft systems manufactured or assembled by a covered foreign entity; provided that the chairperson of the board of land and natural resources may waive this prohibition on a case-by-case basis to the extent necessary for counter-unmanned aircraft systems activities, criminal investigative purposes, or exigent circumstances; provided further that the chairperson notifies the governor within fifteen calendar days after the chairperson grants each waiver. Unless waived, no state funds, including funds awarded through a contract, grant, or cooperative agreement or otherwise made available, shall be used by the department of land and natural resources in connection with unmanned aircraft systems manufactured or assembled by a covered foreign entity.
For the purposes of this section, "covered foreign entity" means:
(1) An entity included on the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce;
(2) An entity domiciled in the People's Republic of China or the Russian Federation;
(3) An entity subject to influence or control by the government of the People's Republic of China or by the Russian Federation;
(4) Da-Jiang Innovations; or
(5) A subsidiary or affiliate of an entity enumerated in paragraphs (1) through (4). [L 2023, c 237, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199D. Civil Natural Resource Violations Act › 199D-1 Civil natural resource violations system authorization.

§199D-1 Civil natural resource violations system authorization.
(a) There is established, within the department of land and natural resources, a civil natural resource violations system, whose purpose shall be to process violations of departmental regulations for which administrative penalties have been authorized by law or rules adopted thereunder.
(b) The department shall adopt, amend, and repeal rules, subject to chapter 91, for the purposes of this chapter.
(c) The rules may include, but are not limited to, the following:
(1) Notice of natural resource infraction;
(2) A form of the answer that shall be made pursuant to a notice of natural resource infraction, which answer may be an admission of the infraction, a denial of the infraction, or an admission of the infraction with mitigating circumstances;
(3) The action to be taken after an answer is received or when a person fails to answer the notice of natural resource infraction;
(4) Administrative hearings under this chapter;
(5) The imposition and enforcement of monetary assessments made pursuant to this chapter; and
(6) Means of assuring that the alleged violator who answers the notice of natural resource infraction by an admission of the infraction or an admission of the infraction with mitigating circumstances has knowingly and voluntarily elected to use the civil natural resource violations system and waive the appeal provided for in section 91-14. [L 2004, c 142, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199D. Civil Natural Resource Violations Act › 199D-2 Applicability.

§199D-2 Applicability.
Notwithstanding any other provision of law to the contrary, all natural resource infractions that the department identifies as subject to administrative penalties may be adjudicated pursuant to this chapter. This chapter may be applied by all of the divisions of the department. [L 2004, c 142, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-1 Definitions.

§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 easements granted in favor of the public for bathing, swimming, or other similar or related purposes and for foot passage.
"Board" means the board of land and natural resources.
"Chairperson" means the chairperson of the board of land and natural resources.
"Department" means the department of land and natural resources.
"Ocean waters" means all waters seaward of the shoreline within the jurisdiction of the State.
"Sailing school vessel" means a vessel:
(1) Less than five hundred gross tons, carrying six or more individuals who are sailing school students or sailing school instructors principally equipped for propulsion by sail even if the vessel has an auxiliary means of propulsion;
(2) Owned or leased by a corporation, association, organization, or other duly chartered entity determined under the Internal Revenue Code to be exempt from the federal income tax and operated for the purpose of providing sailing instruction and therapeutic, educational, recreational, vocational, or family counseling services to emotionally disturbed youth or to youth sentenced by the family court to a rehabilitative sailing program and their families; and
(3) That is in compliance with title 46 Code of Federal Regulations part 169.
"Shoreline" means the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves. [L 1991, c 272, pt of §2; am L 1996, c 188, §3; am L 2012, c 27, §1]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-2 Board of land and natural resources, powers and duties.

§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 department of law enforcement in the areas of boating safety, conservation, search and rescue, and security of small boat harbor environs.
(b) The board shall not transfer its jurisdiction, management, or operations of the small boat harbors to any other department or agency or any county in any manner unless expressly provided by law. [L 1991, c 272, pt of §2; am L 1996, c 296, §3; am L 2007, c 270, §2; am L 2022, c 278, §17]
Cross References
Alien aquatic organisms, see §187A-32(b).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-2.5 Disposition of state boating facility properties.

§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 section 171-59 and chapter 190D, for private development, management, and operation; provided that any lease of fast lands or submerged lands pursuant to a request for proposals shall be subject to section 200-2.6, regardless to which state boating facility the fast or submerged lands are attached.
As used in this section, the term "state boating facility" means a state small boat harbor, launching ramp, offshore mooring, pier, wharf, landing, or any other area under the jurisdiction of the department pursuant to this chapter.
(b) The permissible uses under any lease disposed of under this section shall be consistent with the purpose for which the land was set aside by the governor pursuant to section 171-11. Permissible uses may include any use that will complement or support the ocean-recreation or maritime activities of state boating facilities.
(c) Disposition of public lands of state boating facilities constructed, maintained, and operated in accordance with this chapter shall not exceed a maximum term of sixty-five years.
(d) All revenues due to the State derived from leases of state boating facilities shall be deposited in the boating special fund.
(e) The department shall adopt rules in accordance with chapter 91 to implement this section. [L 2001, c 299, §2; am L 2011, c 197, §4]
Note
Requirement for leases. L 2011, c 197, §8.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-2.6 Ala Wai boat harbor; leases.

§200-2.6 Ala Wai boat harbor; leases.
The fast lands and submerged lands of the Ala Wai boat harbor that may be leased include the following:
(1) All fast lands and submerged lands described in the request for qualifications or request for proposals issued by the division of boating and ocean recreation of the department on November 25, 2008;
(2) The fast land described as a portion of tax map key: (1) 2-3-37-12, composed of approximately 112,580 square feet, presently used for harbor offices and permitted vehicular parking; and
(3) The fast land described as a portion of tax map key: (1) 2-3-37-12, which is a triangular area located Diamond Head of Mole B, presently used for permitted vehicular parking. [L 2011, c 197, §2]
Note
Requirement for leases. L 2011, c 197, §8.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-3 Ocean recreation and coastal areas programs.

§200-3 Ocean recreation and coastal areas programs.
The board shall assume the following functions of the department of transportation:
(1) Managing and administering the ocean-based recreation and coastal areas programs of the State;
(2) Planning, developing, operating, administering, and maintaining small boat harbors, launching ramps, and other boating facilities and associated aids to navigation throughout the State;
(3) Developing and administering an ocean recreation management plan;
(4) Administering and operating a vessel registration system for the State;
(5) Regulating the commercial use of state waters and marine resources, including operations originating from private marinas;
(6) Regulating boat regattas and other ocean water events;
(7) Administering a marine casualty and investigation program;
(8) Assisting in abating air, water, and noise pollution;
(9) Conducting public education in boating safety;
(10) Administering the boating special fund;
(11) Assisting in controlling shoreline erosion;
(12) Repairing seawalls and other existing coastal protective structures under the jurisdiction of the State; and
(13) Removing nonnatural obstructions and public safety hazards from the shoreline, navigable streams, harbors, channels, and coastal areas of the State. [L 1991, c 272, pt of §2; am L 2012, c 289, §2]
Law Journals and Reviews
Wiping Out the Ban on Surfboards at Point Panic. 27 UH L. Rev. 303 (2004).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-3.5 Prohibited commercial activities on certain beaches; administrative fine.

§200-3.5 Prohibited commercial activities on certain beaches; administrative fine.
(a) No commercial vendor shall preset commercial beach equipment on any beach under the jurisdiction of the department unless the customer is physically present for the immediate use of the commercial beach equipment. The commercial vendor shall expeditiously remove the commercial beach equipment after the customer has finished using it.
(b) The department may authorize exemptions to subsection (a) through rules adopted pursuant to chapter 91.
(c) Any commercial vendor who violates subsection (a) shall be subject to an administrative fine of:
(1) $5,000 for a first offense;
(2) $10,000 for a second offense; and
(3) $15,000 for a third or subsequent offense.
(d) This section shall apply to beaches:
(1) Under the jurisdiction of the department, including private beaches in which the State has an easement or other property interest; and
(2) Within a county with a population of more than:
(A) Nine hundred thousand; or
(B) One hundred thousand but fewer than one hundred eighty thousand.
This section shall not apply to private beaches in which the State has no property interest.
(e) As used in this section:
"Commercial beach equipment" means recreational equipment for rent, including chairs, umbrellas, surfboards, paddleboards, kayaks, and other non-motorized watercraft equipment.
"Preset" means to set up or have physically ready for use commercial beach equipment by a commercial vendor. [L 2023, c 227, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-4.5 Safety of ocean users; rules.

§200-4.5 Safety of ocean users; rules.
The department shall adopt rules to promote greater safety of ocean users in the State's nearshore waters. The rules shall include but not be limited to the creation of safe zones for free divers and swimmers and stricter enforcement of boating regulations around swim zone buoys. [L 2012, c 195, pt of §2]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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, §8]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-24 Rules.

§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:
(1) The registration and numbering of vessels;
(2) The operation, use, and equipment of vessels on or in the waters of the State;
(3) The conduct of persons involved in boating accidents and in the reporting of accidents and other casualties and losses to the department;
(4) The designation of areas of the waters of the State and time periods during which thrill craft may be operated, and waters on or above which, and time periods during which, persons may engage in parasailing, commercial high speed boating, and water sledding; provided that in designating the areas, the department shall use the official recommendation of the National Marine Fisheries Service with regard to the protection of protected marine life and habitats in adopting rules to implement this section, except as otherwise provided by law; and
(5) Procedures for a law enforcement officer to issue subpoenas or take custody of property pursuant to section 200-39(g). [L 1991, c 272, pt of §2; am L 2023, c 232, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-25 Fines and penalties.

§200-25 Fines and penalties.
Any person violating this part, or any rule adopted pursuant to this part, shall be fined not less than $50 and not more than $1,000 or sentenced to a term of imprisonment of not more than thirty days, or both, 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 any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in the waters of the State for a period of not more than thirty days. [L 1991, c 272, pt of §2; am L 1997, c 204, §2; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-26 Arrest or citation.

§200-26 Arrest or citation.
(a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce this part, hereinafter referred to as an enforcement officer, upon arresting a person for violation of any provision of this part, including any rule adopted pursuant to this part, in the discretion of the enforcement officer, shall either:
(1) Issue to the purported violator a summons or citation, printed in the form described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after such arrest; or
(2) Take the purported violator without unnecessary delay before a district judge.
(b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district courts.
The original of the summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.
Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.
(c) Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this part, including any rule adopted pursuant to this part, shall be guilty of a misdemeanor.
In the event any person fails to comply with a summons or citation issued to that person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against that person and secure the issuance of a warrant for the person's arrest.
(d) When a complaint is made to any prosecuting officer of the violation of any provision of this part, including any rule adopted thereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department whose name has been submitted to the prosecuting officer and who has been designated by the chairperson to administer the same. [L 1991, c 272, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 200. Ocean Recreation and Coastal Areas Programs › 200-27 Police reports.

§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 chief's subordinate officers which relate to boating accidents or the theft, loss, or recovery of vessels required to be registered and numbered pursuant to section 200-31. [L 1991, c 272, pt of §2; am L 2022, c 278, §17]