Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-10 - Removal and custody of a vessel or contrivance

Current through June, 2024
(a) The
					 department may impound and remove or dispose of any vessel or contrivance
					 moored or left at a small boat harbor or offshore mooring area seventy-two
					 hours after notice is given as provided in section 13-230-6 for the owner to
					 remove the vessel or contrivance from the small boat harbor or an offshore
					 mooring area when its presence is contrary to law or these rules or when the
					 department determines that the removal is necessary to protect human life and
					 property. This includes any property or personal articles located on board; its
					 tackle, apparel, fixtures, equipment, and furnishings. Any action taken by the
					 department to remove the vessel or contrivance, including any property or
					 personal articles located thereon, shall be at the sole cost and risk of the
					 owner of the vessel or contrivance.
(b) The department shall, within seventy-two
					 hours of impoundment, send by certified mail, return receipt requested, a
					 notice of impoundment to the registered owner or operator of any unauthorized
					 vessel. The owner or operator of an unauthorized vessel shall have ten days
					 after receipt of notice of impoundment of the vessel to request in writing an
					 administrative hearing to the administrator, division of boating and ocean
					 recreation. The written request for an administrative hearing shall be mailed
					 or delivered in person to the administrator during normal business hours. Any
					 requests delivered outside of the normal business hours shall be deemed
					 received on the next working day for the purpose of compliance with the time
					 schedule for completing the administrative hearing as provided in chapter
					 200, Hawaii Revised Statutes. This
					 administrative hearing is solely for the purpose of allowing the owner or
					 operator of an unauthorized vessel to contest the basis given by the department
					 for the administrative impoundment of the vessel. The administrative hearing
					 shall be held within the time period established by statute and after the
					 administrator's receipt of the written request. The procedures for the
					 administrative hearing are contained in sections 13-231-31 and
					 13231-32.
(c) Custody of an
					 unauthorized vessel shall be returned to the person entitled to possession upon
					 payment of all fees and costs due, and fines levied by a court. Any
					 unauthorized vessel, contrivance or material impounded under this section,
					 which remains unclaimed by the person entitled to possession, the registered
					 owner, or a lien holder, for more than thirty days, can be sold by the
					 department at public auction in accordance with chapter
					 200, Hawaii Revised Statutes.