Hawaii Boating Rules 051013
Upcoming SlideShare
Loading in...5
×
 

Hawaii Boating Rules 051013

on

  • 376 views

State of Hawaii Rules for boat operation in state waters.

State of Hawaii Rules for boat operation in state waters.

Statistics

Views

Total Views
376
Views on SlideShare
293
Embed Views
83

Actions

Likes
0
Downloads
3
Comments
2

2 Embeds 83

http://boatingeducationd14.blogspot.com 80
http://boatingeducationd14.blogspot.ca 3

Accessibility

Categories

Upload Details

Uploaded via as Microsoft Word

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
  • Download it to your computer then print it.
    Are you sure you want to
    Your message goes here
    Processing…
  • HOW do I print this????????????????????/
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

Hawaii Boating Rules 051013 Hawaii Boating Rules 051013 Document Transcript

  • Hawai`i Boating Law Basics State Specific Boating Rules and Regulations for Hawai`i Instructor Manual Produced by the Department of Land and Natural Resources Division of Boating and Ocean Recreation July 15, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1
  • INTRODUCTION This packet contains a summary of State specific laws and additional information pertaining to recreational boating in the State waters of Hawai`i. The content highlighted in yellow that follows must be incorporated into a boating safety course for it to be considered approved for the State of Hawai’i by the Hawai`i Department of Land and Natural Resources (DLNR), Division of Boating and Ocean Recreation (DOBOR). DLNR, and its subdivision DOBOR, are the agencies in Hawai`i that oversee and regulate the recreational boating program in Hawai`i. This State specific information is meant to be combined with and complement a boating safety course approved by the National Association of Boating Law Administrators (NASBLA). The resulting boating course incorporating the required content will be considered both NASBLA and State of Hawai`i approved and will be compliant with Hawai`i’s Mandatory Education Rule (HAR 13-244-15.5), which will be enforced as of 11/10/2014. It should be noted that Hawai`i’s Mandatory Education Rule requires incorporation of a section on “Local Ocean Safety Principles and Practices” for any course to be considered compliant. In addition, DLNR/DOBOR has deemed sections on 1) The Historical, Cultural and Customary Practices of Hawai`i’s Ocean Users, 2) Protecting the Resource, and 3) Protection of Marine Species to be required as well. Providers should, at minimum, use the materials contained in this packet and feel free to incorporate any additional practical knowledge they may possess that is applicable to these broad topics into their own courses. DOBOR will be especially supportive of course providers that incorporate this entire packet into programs for Hawai`i boaters. For clarification on any of the content of this packet, or copies of the document in Word format, please contact: Clifford G.P. Inn Boating Safety Education Specialist Division of Boating and Ocean Recreation Hawai`i Department of Land and Natural Resources 333 Queen Street, Suite 300, Honolulu, Hawai`i 96813 Ph: (808) 587-1972 - Fax: (808) 587-1977 Clifford.G.Inn@hawaii.gov 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2
  • Table of Contents Introduction...................................................................................................................................... Table of Contents............................................................................................................................. The Three Levels of Regulation That Exist In Hawai`i..............................................................1 The Code of Federal Regulations............................................................................................................1 The Hawai`i Revised Statutes..................................................................................................................1 The Hawai`i Administrative Rules..........................................................................................................1 Registration Requirements...........................................................................................................1 Special Registration Restrictions and Considerations..............................................................................2 Carriage Requirements.................................................................................................................3 PFD Requirements..................................................................................................................................3 Communication Devices.........................................................................................................................4 Recommended Additional Safety Equipment..........................................................................................4 Mufflers and Noise Levels.............................................................................................................5 Waste, Oil and Garbage Disposal.................................................................................................5 Mandatory Education and Age Requirements............................................................................6 Thrill Craft Operation...................................................................................................................7 Tow-In Surfing Operation.......................................................................................................................7 Thrill Craft Age Restrictions...................................................................................................................7 Towing on a Thrill Craft..........................................................................................................................8 Reckless and Negligent Operations..............................................................................................8 Boating Speed Limits.....................................................................................................................9 Special Activities, Restrictions and Considerations..................................................................10 Waterskiing ..........................................................................................................................................10 Thrill Craft............................................................................................................................................10 Snorkling/Diving/Freediving/SCUBA/SNUBA....................................................................................11 Bottomfishing and Fishing in Federal Waters.......................................................................................12 Miscellaneous Rules for All Boaters.....................................................................................................12 Deviations from Statewide Rules................................................................................................12 Operating Under the Influence...................................................................................................13 Enforcement Officer Authority, Compliance and Assistance..................................................13 Accident Reporting Requirements.............................................................................................14 Duty to Render Aid, Inform, Cooperate................................................................................................14 Duty to File an Accident Report............................................................................................................14 Duty to Inform the Owner of an Unattended Vessel..............................................................................14 Good Samaritan Law.............................................................................................................................14 Ocean Recreation Management Areas.......................................................................................15 Protecting the Resource...............................................................................................................16 Keeping Up With State Boating Laws.......................................................................................17 Protection of Marine Species......................................................................................................18 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2
  • Marine Mammal Protection Act (MMPA)/Endangered Species Act (ESA)..........................................18 National Marine Sanctuaries Act (NMSA)............................................................................................18 Hawai`i State Law.................................................................................................................................18 Monk Seals............................................................................................................................................18 Humpback Whales................................................................................................................................19 Disturbing Protected Species.................................................................................................................19 You Can Make a Difference and Save a Marine Animal In Distress.....................................................19 Local Ocean Safety Principles and Practices............................................................................20 Talk Story to Gain Local Knowledge....................................................................................................20 Study and Observe.................................................................................................................................20 Be Aware...............................................................................................................................................21 Avoid Going to Sea Alone.....................................................................................................................21 Know Your Vessel and Your Equipment..............................................................................................21 M’aidez-Mayday...................................................................................................................................22 Maintain Your Vessel............................................................................................................................22 Even in Hawai`i, Protect Yourself Against Hypothermia......................................................................23 Historical, Cultural and Customary Practices of Hawai`i’s Ocean Users..............................24 Navigating the HRS and HAR to Understand Recreational Boating Fines & Penalties......26 Attachments...................................................................................................................................... Recommended Additional Boating Safety Gear....................................................................................31 Hawai`i Mandatory Boating Safety Education Rule (HAR 13-244-15.5)..............................................33 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2
  • Hawai`i Boating Law Basics The Three Levels Of Regulation That Exist In Hawai`i 1. Code of Federal Regulations (CFRs); 2. The Hawai`i Revised Statutes (HRS 200-various); 3. The Hawai`i Administrative Rules, (HAR 13-various). The Code of Federal Regulations CFRs pertaining to general vessel operation are not covered here because they are thoroughly addressed by every NASBLA approved course. However, they are sometimes cited as reference. The Hawai`i Revised Statutes The Department of Land and Natural Resources (DLNR, the department) is authorized by the Hawai`i Revised Statutes (HRS 200) to create rules governing vessel operation on our waters, etc. The following are key passages from the statutes for your reference. Not every statute pertaining to recreational boating is included in this document. For the complete text of pertinent statutes and definitions pertaining to recreational boating in Hawai`i, visit: capitol.hawaii.gov/ hrscurrent/Vol03_Ch0121-0200D/HRS0200/. The Hawai`i Administrative Rules The collection of rules pertaining to vessel operation in Hawai`i is separated into three parts (Hawai`i Administrative Rules [HAR], Title 13, Parts I, II, and III). Many of the rules that are pertinent to recreational boaters are included here for your reference. To access all definitions and rules managed by DOBOR pertaining to vessel operation in Hawai`i, visit: hawaii.gov/dlnr/ dbor/borrules_comp.htm. Registration Requirements In Hawai`i all boats must be registered annually (HAR 13-241-1) with the following exceptions (HAR 13-241-2): • recreational vessels properly documented with the U.S. Coast Guard, • U.S. Government owned vessels, • a vessel's lifeboat used solely for lifesaving purposes, • manually propelled recreational vessels, • recreational vessels eight feet or less in length propelled solely by sail, • motorboats used exclusively for racing, • vessels registered in another state visiting Hawai`i less than sixty days, • foreign vessels visiting Hawai`i less than sixty days, • a vessel operating under a valid temporary certificate of number. 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2
  • Every new or previously registered commercial or recreational vessel operating on the waters of the State of Hawai`i is required to be registered or documented with either the Department of Land and Natural Resources, Division of Boating and Ocean Recreation (DLNR/DOBOR) or the U.S. Coast Guard. Commercial vessels holding a valid marine document may also be required to obtain an annual commercial decal. Once a vessel is registered the owner will receive a Certificate of Number which must be kept aboard the boat at all times and be readily available for inspection by a law enforcement officer (HAR 13-241-8). The Certificate of Number and validation decal are good for one year! As a boater, you must display your registration stickers and registration numbers (beginning with HA) on the forward half of your vessel well above the waterline so it is visible from a distance and can be easily read by law enforcement officials. Letters and numbers are to be block style of at least 3” tall and must be black or another color that contrasts with the hull. Letters and numbers are to read from left to right and have a space or hyphen to separate letters and numbers (HAR 13-241-4). The validation decal must be affixed within three inches aft and in-line with the registration letters and numbers. Expired registration stickers must be removed or covered with the new sticker (HAR 13-241-13). In Hawai`i a boat owner is required to report the change of ownership, address, and destruction or abandonment of a vessel within seven days (HAR 13-241-11). Special Registration Restrictions and Considerations A hull identification number (HIN) is required on every vessel. No vessel manufactured after January l, 1967 may be sold or offered for sale unless the vessel has a HIN (HAR §13-244-23). No person shall willfully 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 (HRS 200-72). Defacing a HIN and possessing a vessel with an erased or mutilated HIN is prohibited by the Hawai`i Revised Statutes and the Hawai`i Administrative Rules. 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. 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 can be seized (HRS 200-73). Falsifying or removing a vessel’s identification number is prohibited (HAR 13-241-15). 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2
  • Improper use of a registration sticker is also prohibited (HAR 13-241-16). No person shall have possession of, buy, receive, sell or offer for sale, or otherwise dispose of a vessel in the State, knowing that a vessel identification number or registration sticker has been removed or falsified to avoid compliance with Hawai`i Administrative Rules or conceal/misrepresent the identity of the vessel or its owner (HAR 13-241-15). Carriage Requirements Navigational lights, sound producing devices, personal flotation devices, ventilation, backfire flame control, fire extinguishers, oil pollution/garbage placards and distress signals shall conform to and comply with the standards set forth in U. S. Coast Guard Navigation Rules (HAR §13-243-1). This applies to all vessels propelled or controlled by machinery, sails, oars, paddles, poles, or another vessel, except Hawaiian design racing canoes, racing shells, rowing sculls, and racing kayaks. Under this rule the term “vessel” excludes surfboards. In Hawai`i the USCG has deemed a Stand-up Paddleboard (SUP) a surfboard while it is in use in a surf break. Away from a surf break, an SUP is deemed a vessel. The operator can be required to have on board all the required safety equipment for the vessel size/class. PFD Requirements Hawai`i has a child life jacket wear law like many states that have enacted mandatory life jacket wear for children 12 years old and younger (HAR 13-243-1). It is a good practice to encourage youngsters to wear life jackets at an early age and to continue to wear them into adulthood. Adults should serve as examples. Today’s life jackets are lighter in weight and more stylish than the bulky orange ones of the past. Purchase comfortable life jackets that you and your family will wear despite the conditions. In Hawai`i, children 12 and under must wear a properly fitting Personal Flotation Device (PFD) while the vessel they are aboard is docked, launching, underway, drifting and even while it is grounded and anchored offshore! However, children are not required to wear a PFD if they are below deck or in an enclosed cabin. In addition to the State PFD carriage requirements, DLNR recommends that you and your guests wear a properly fitting U.S. Coast Guard approved PFD at all times while on the water. PFDs should fit snugly and should be checked periodically for punctures, fading or chafing. In addition to periodic inspection, PFDs should be kept out of the sun when possible and kept away from harsh chemicals such as gasoline and motor oil. Although some seat cushions are designed to be throwable floatation devices, never use a PFD that is designed to be worn on your person as a seat cushion or a fender for your boat. Every person on board a personal watercraft/thrill craft (HAR 13-243-1) and any person being towed behind a vessel must wear a Coast Guard approved Type I, II, III or V PFD (HAR 13-244- 18). Inflatable PFDs are not intended for use while participating in tow sports or other high impact sports. 3 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2
  • Communication Devices Hawai`i requires all recreational vessels going more than one mile offshore to be equipped with a USCG approved Emergency Position Indicating Radio Beacon (406 MHz) or a VHF radio. Thrill craft, surfboards, paddleboards, kayaks and training vessels are exempt. (HRS 200-37.5). Recommended Additional Safety Equipment Beyond Hawai`i’s shoreline is the open ocean with fast-moving currents and steady winds. Your safety equipment can make a significant difference in your chances for survival. In addition to mandated safety gear already on your vessel, consider the following recommended items that have been known to save lives and property from being lost. • extra anchoring equipment • bailing device • batteries for all electronic devices • battery cover • compass and charts • ditch bag • emergency food and water supply • personal EPIRB • extra starting battery (charged) • first aid kit • flashlight (waterproof) • GPS device • leashes for oars/paddles • additional marine whistles • mirror or other reflective device • oars or paddles • parachute/bucket and 100’ of line • spare fuel filters • spare kill switch • spare parts & tools • strobe light • VHS radio Always fill out a float plan before departing and leave it with someone who will wait and watch for your return. A spare anchor and line can be deployed to stop your drift should you lose power. Signal mirrors are very effective signaling devices during the day. The record distance for a rescue using a signal mirror is 105 miles by a boater on a capsized vessel. Although a computer/audio disk (CD or DVD) is not as reflective as a glass mirror, its highly reflective surface can still serve as a distress signal during daylight hours. Even a piece of aluminum foil or a reflective credit card can be used. If your vessel is equipped with an ignition kill switch, keep a spare switch on board in case your primary ignition kill switch is lost or is damaged and cannot be used. If your engine fails, deploy a parachute or a bucket on sturdy line to slow your drift. A GPS device can provide you with accurate coordinates to relay to an emergency responder in case you or another boat is in distress. A personal Emergency Position Indicating Radio Beacon (EPIRB), strobe light, signal mirror and marine whistle attached to each PFD will help rescuers locate you and your passengers if you are forced to abandon ship. Remember to sweep the horizon periodically with your signal 4 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 2
  • mirror even if you cannot see a vessel in the distance. Once a rescue vessel sees and acknowledges you, stop signaling. A “ditch bag” containing food and water, communication and signaling devices, survival tools and other essentials is highly recommended. Situate it in your boat where it is easy to access if you only have time to grab one thing before you must evacuate. A Personal Watercraft (PWC) is a boat, too, and must follow all equipment requirements for a Class “A” vessel. There is no restriction on riding a PWC at night in Hawai`i, but the vessel must be equipped with navigation lights. Hawai`i does not currently have a lanyard law, but if the vessel is equipped with a lanyard engine cut-off device it is highly recommended that the operator use it properly during operation and carry a spare. Mufflers and Noise Levels A vessel propelled by an internal combustion engine shall, when in operation, be equipped with an efficient muffler, underwater exhaust or other modern device in good working order and in constant operation capable of adequately muffling the sound of the exhaust of the engine (HAR 13-243-4). An effective muffling system should be in place for the exhaust of each engine and should not be altered if the end result is that it makes overall engine operation louder. In general, do not modify your factory exhaust if the result makes it louder! Loud boat noise not only bothers other operators and users of the waterways, it also disrupts peace ashore because of sound’s ability to travel great distances over water. Excessive noise can also prevent a boat operator from hearing sound signals and warnings from other boats and can prevent you from hearing approaching law enforcement or rescue personnel. To reduce noise, motorboat engines must be equipped with factory-installed mufflers, exhaust water manifolds or another type of effective muffling system. Per HAR 13-243-4, the use of cutouts, or open exhaust stacks is prohibited, except: • for motorboats competing in a race or regatta approved by DLNR or a State agency, • while competing in official trials for speed records, or • for such vessels while on trial runs as is incidental to the tuning up of the boats and engines. Waste, Oil and Garbage Disposal Federal and State pollution laws are meant to protect our stream and ocean environments for all users. Please kokua (help). Keep our waters clean so visitors and residents can enjoy them. • Federal regulations and equipment standards established jointly by the Federal Environmental Protection Agency and the U.S. Coast Guard govern the uses of marine sanitation devices (MSDs). 5 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2
  • • Polluting Hawai`i’s waters with a petroleum product, hazardous material, or sewage is violation of the State water quality standards established by the Hawai`i Department of Health. Violators may be fined up to $10,000 for each day of violation (HRS 200-14). • All boats that have onboard toilet facilities must have a method to collect and contain all waste products, preventing it from entering surrounding waters. It is illegal to discharge sewage, treated or untreated, or any waste derived from sewage into the waters of a small boat harbor within the State jurisdiction of Hawai`i (HAR 13-232-8). • It is also illegal to pollute the ocean waters or shores with litter, sewage, or other gaseous liquid or solid materials which render the water unsightly, noxious, or otherwise unwholesome and detrimental to the public health and welfare or to the enjoyment of the water or shore (HAR 13-252-6). • Type III MSDs will typically have a built-in holding tank with no external plumbing and cannot be pumped overboard. Type III MSDs must be pumped ashore at a proper facility. All installed MSDs must be US Coast Guard certified and have a “Y” valve in proper positioning! Mandatory Education and Age Requirements The State of Hawai`i recommends that all operators become familiar with State and Federal boating laws and regulations by taking a boating safety course. Check the State’s boating website at hawaii.gov/dlnr/dbor to find an Internet or classroom course compliant with department rules. Mandatory boating safety education for Hawai`i will take effect 11/10/14. Per HAR 13-244-15.5, after 11/10/14, any person operating a power driven vessel on the waters of the State shall be required to possess a certificate of completion from a National Association of State Boating Law Administrators (NASBLA) approved course on the safe use and operation of a power driven vessel that contains a component on Hawai`i waters approved by the department. Exemptions to this rule exist for persons who: • possess a current merchant mariner credential, • operate a thrill craft in a commercial thrill craft zone, • operate a motor vessel that is ten horsepower or less, or • are on a voyage originating outside the State and remain in Hawai`i less than sixty days. A person under sixteen (16) years of age shall not operate a power driven vessel on the waters of the State unless accompanied on-board and directly supervised by a person twenty-one (21) years of age or older who holds the required certificate of completion. A person renting a vessel must also comply with this rule or undergo a safety briefing from the livery that is approved by the State. 6 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2
  • Thrill Craft Operation "Thrill craft" means any motorized vessel which is generally less than thirteen feet in length as manufactured, is capable of exceeding a speed of twenty miles per hour, and has the capacity to carry not more than the operator and two other persons while in operation, is designed to provide similar operating performance as a personal watercraft through a combination of small size, power plant, and hull design. The term includes, but is not limited to, a jet ski, waverunner, wet bike, surf jet, miniature speed boat, hovercraft, and every description of vessel which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion, and is designed to be operated by a person or persons sitting, standing, or kneeling on, or being towed behind the vessel (HRS 200-23). Since January 2005, all recreational thrill craft operators (including PWC operators) have been required to possess and make available upon demand of enforcement personnel, a certificate of completion from an accredited institution of higher education on the safe use and operation of a thrill craft (HAR 13-256-16). The content of this module is not designed for thrill craft operator certification. For information about registering for a thrill craft certification class, visit: hawaii.gov/dlnr/dbor/bor_pwcs.htm. Thrill craft may only operate in waters off the islands of Kauai, Oahu, Maui and Hawai`i, to a distance of two miles from nearest land. State-approved thrill craft operator certification classes provide a detailed overview of the rules and regulations that apply to thrill craft operation in Hawai`i. Not only is a certification class a requirement (HAR 13-256-16), it also provides practical knowledge about surviving in Hawai`i’s marine environment. Even after becoming certified, a good rule of thumb for thrill craft operators is to always go boating with a buddy. Tow-In Surfing Operation Since September 1, 2004, both the operator of a thrill craft used for tow-in surfing, and his/her companion surfer who engages tow-in surfing have been required to possess and make available upon demand of enforcement personnel, a certificate of completion from an accredited institution of higher education in Hawai`i on the safe use and operation of a thrill craft in high surf. Special identification stickers for the vessel and carriage requirements for tow-in surfing apply (HAR 13- 256-22). The content of this module is not designed for tow-in surfing certification. For information about registering for a tow-in surfing certification class, visit: hawaii.gov/dlnr/dbor/bor_pwcs.htm. Thrill Craft Age Restrictions 7 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2
  • No person under 15 years of age shall operate a thrill craft. No person shall permit, or mislead another person into permitting, a person under 15 years of age to operate a thrill craft (HAR 13- 256-16). After the start date for mandatory education (HAR 13-244-15.5), a person under the age of 16 may only operate a thrill craft if in possession of the required certificates of completion and if accompanied on-board and directly supervised by a person twenty-one (21) years of age or older who also holds the required certificates of completion. Towing on a Thrill Craft Waterskiing, sledding, etc. with a thrill craft (acting as a tow boat) is different from tow-in surfing and does not require certification. A thrill craft operator may tow a person on water skis, tubes, sleds etc. as long as all the safety requirements for that sport are met and the thrill craft is being operated in a designated thrill craft zone or in undesignated State waters (outside of an Ocean Recreation Management Area [ORMA, see page 19] or 500 feet/beyond the outer edge of a fringing reef in a non-designated ORMA). Reckless and Negligent Operations Hawai`i’s waters are teeming with life above and below the surface... divers, whales, turtles, and so much more. Even the reef is alive with corals and other marine life. They're often hard to see until it's too late. Whenever you are boating, please be watchful of what lies ahead, and what could be below. Better still... post a lookout. Save a life. You are required to keep a proper lookout at all times. If there are others accompanying you on your voyage, ask one or two of your passengers to help scan the waters ahead and to the sides of your vessel as you go. Per HAR 13-240-5, the term "vessel" applies to all description of watercraft used or capable of being used as a means of transportation on or in the water. Yes, even a surfboard, canoe, kayak, stand-up paddleboard and sailboard can be considered vessels. Numerous Hawai`i rules address a vessel operator’s conduct on the water. • All persons operating vessels on inland waters shall comply with the current U. S. Coast Guard Navigation Rules, but know when special circumstances demand a departure from the rules to avoid immediate danger (HAR 13-244-3); • Vessels shall at all times be operated with due care for the rights and safety of persons and property (HAR 13-244-1); • Nothing in these rules shall exonerate any vessel, or the owner or master, or crew, thereof, from the consequences of any neglect to carry lights or signals or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case (HAR 13-244-5); 8 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2
  • • No person shall operate a vessel, surfboard, sailboard or water sports equipment in a careless or heedless manner so as to endanger other persons or the property of other persons (HAR 13-251-60); • No person shall operate any vessel in a careless or heedless manner so as to be grossly indifferent to the person or property of other persons, or at a rate of speed greater than will permit that person in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead (HAR 13-244-7); • No person shall operate any vessel in a willful or wanton disregard for the safety of persons or property (HAR 13-244-8). Boat operators must exercise the degree of care necessary to prevent endangering life, limb, or property. Care shall be taken to operate any vessel so as not to bring harm to you, your passengers, and other boaters. The Coast Guard and DLNR may impose a civil penalty for negligent operation and issue a fine or imprisonment, or both in the case of a grossly negligent act. Some examples that may constitute negligent or grossly negligent operation and the rules that prohibit these types of unsafe behavior include: • operating a boat in a swimming area (HAR 13-244-16); • operating a boat while under the influence of alcohol or drugs (HAR 13-244-10); • excessive speed near other boats or in dangerous waters (HAR 13-244-9); • hazardous water skiing practices (HAR 13-244-18); • bowriding, or riding on a seatback, gunwale, or transom (HAR 13-244-17); • violating safety zones around dive flags displayed on the water or on vessels (HAR 13- 245-9). No person shall operate a vessel within a water area which has been clearly marked, in accordance with, and as authorized by, these rules by buoys or some other distinguishing device as a bathing, swimming or otherwise restricted area; provided that this section shall not apply in the case of an emergency, or to patrol or rescue craft (HAR 13-244-16). It should be noted that not all designated swim areas in Hawai`i are demarked by buoys. It is the responsibility of the vessel operator to study the waterways he/she will be navigating and understand these restricted areas. As always, the operator is responsible for keeping constant watch on the waters ahead and to the sides of the vessel. Posting a second lookout is always advisable when the vessel has a crew. Always position your vessel downwind and down current to avoid drifting onto a person in the water (PIW). Place you engine in neutral to avoid propeller injuries to a PIW. Do this when water skiing, picking up canoe paddlers during a crew change in a race, approaching a diver, etc. Boating Speed Limits 9 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2
  • Boat speed limits are regulated by law for certain areas and conditions. When no speed limit is posted, operate your boat at a safe speed so that it will not endanger others. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity. • The speed limit on all waters of the State is limited to a “slow-no-wake” speed within 200 feet of any shoreline, float, dock, launch ramp, congested beach, swimmer, diver's flag, or anchored, moored or drifting vessel; and to a reasonable rate elsewhere (HAR 13-244- 9). • Thrill craft must maintain a speed of slow-no-wake within 300 feet of any shoreline (HAR 13-256-17). • If operating your boat in a no wake zone and you cause damage to another person’s boat or property, you are responsible. Proceed slowly in these areas. • In times of restricted visibility such as in fog, stormy conditions or nighttime operation, you must be able to stop your vessel within a distance appropriate to the prevailing circumstances and conditions. • At all times, operators must be prepared to avoid a collision and have engines ready for immediate maneuvering. Special Activities, Restrictions and Considerations Many states have regulations for specific activities that are especially popular in their regions. In Hawai`i, these regulations are put in place for the health of the environment and protected species, safety of the ocean user, and to minimize the impact of some type of sport or activity on other users. Here is a sampling of rules for specific activities in Hawai`i’s waters. Waterskiing • It is illegal to tow a skier or similar device between sunset and sunrise (HAR 13-244-18). • Boaters (and PWC operators) engaged in towing a water skier or similar device must have a competent observer or mirror which permits the operator to see the object being towed when that person is within the towboat wake on a 75-foot line (HAR 13-244-18). • No person shall operate any motorboat towing or otherwise assisting a person on water skis, aquaplane or similar contrivance unless such vessel is equipped with a ladder, steps or similar means by which any person being towed can be taken from the water; provided, that this subsection shall not apply to motorboats used in duly authorized water-ski tournaments, competitions, expositions, or trials therefore (HAR 13-244-18). Thrill Craft • Since January 2005, all recreational thrill craft operators (including PWC operators) have been required to possess and make available upon demand of enforcement personnel, a certificate of completion from an accredited institution of higher education on the safe use and operation of a thrill craft (HAR 13-256-16). 10 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2
  • • Since September 1, 2004, both the operator of a thrill craft used for tow-in surfing, and his/her companion surfer who engages tow-in surfing have been required to possess and make available upon demand of enforcement personnel, a certificate of completion from an accredited institution of higher education in Hawai`i on the safe use and operation of a thrill craft in high surf. Special identification stickers for the vessel and carriage requirements for tow-in surfing apply (HAR 13-256-22). • PWCs may only transit to and from a designated riding zone in an Ocean Recreation Management Area (ORMA) via the most direct route with safety considerations. Operators may proceed seaward of their designated riding zones within an ORMA via the most direct route with safety considerations to access the undesignated State waters outside of the ORMA. • PWCs may transit through a Non-Designated ORMA and operate 500 feet offshore or beyond the outer edge of the fringing reef and two miles out to sea (HAR 13-256-17). • PWC operation is permitted in State waters off the islands of Hawai`i, Kauai, Maui and Oahu (HAR 13-256-17). • Although PWC’s are exempt from carrying a USCG approved Emergency Position Indicating Radio Beacon (406 MHz) or a VHF radio, this equipment is highly recommended (HRS 200-37.5). • PWC operation may be restricted during whale season (December 15- May 15 of the following year) in some areas (HAR 13-256-various). • Thrill craft operations shall be curtailed in certain designated areas to avoid adverse impacts on humpback whales or other protected marine life (HAR 13-256-13). • Thrill craft used for tow-in surfing operations must clearly display a tow-in surfing decal (“T” decal) provided by DLNR (HAR 13-256-22). • When operating a thrill craft for tow-in surfing, all operators shall tow-in a maximum of one person at any one time and carry on board the following: o a two-way communicating device, o a rescue sled of required proportions, o dive fins and a safety knife, o a quick release tow-rope at least 30’ in length, o a bow tow-line a minimum of 6’ long (HAR 13-256-22). • PWC rental liveries must provide operation instruction and a safety briefing to all operators (HAR 13-256-18). • Operation of a commercial PWC (rental) is limited to commercial thrill craft riding zones (HAR 13-256-18). Snorkling/Diving/Freediving/SCUBA/SNUBA Technically, any activity in the navigable waters of the State in which a person breaks the surface of the water and submerges out of sight will require use of a dive flag. The navigable waters include all waters from the high wash of the waves on the shore to three miles out to sea. • Divers and vessels <16 feet in length engaged in scuba diving and snorkeling must display a 12”x12” red and white diver down flag to mark their diving area (HAR 13-245- 9). 11 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2
  • • Vessels >16 feet in length engaged in diving activity and are restricted in their ability to maneuver, must hoist a 20”x24” red and white diver down flag and a blue and white alpha/alfa flag when conducting operations (HAR 13-245-9). • Other vessels may not approach within one hundred feet of a dive flag unless also conducting dive operations and may only approach a dive flag at a speed of slow-no- wake (HAR 13-245-9). • The speed limit for vessels operating on all waters of the State is limited to a “slow-no- wake” speed within 200 feet of any shoreline, float, dock, launch ramp, congested beach, swimmer, diver's flag, or anchored, moored or drifting vessel; and to a reasonable rate elsewhere (HAR 13-244-9). Bottomfishing and Fishing in Federal Waters • Vessels engaged in deep-sea bottom fishing in the Main Hawaiian Islands must be registered with the DLNR Division of Aquatic Resources and must display markings (i.e. BF) that enable identification of vessels used for bottomfishing from a distance while on the open ocean (HAR 13-94-9). This only applies to the taking of certain species listed in HAR 13-94-5. • A vessel used for fishing and spearing beyond three miles out to sea is required to be registered with the National Saltwater Angler Registry Program (countmyfish.noaa.gov). Miscellaneous Rules for All Boaters • No person shall moor a vessel or raft to any waterway marker or aid to navigation placed by the United States or the State in any of the navigable waters of the State (HAR 13- 245-10). • Trespassing on someone else’s vessel is illegal. 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 (HRS 200-62). • No person shall anchor or moor a vessel on the ocean waters or navigable streams of the State surrounding without a permit issued by the department. Recreational or fishing vessels may temporarily anchor for a period of less than seventy-two hours (HAR 13- 235-9). This three-day period is adequate time to allow owners/operators to visit the appropriate DOBOR District Office and secure an offshore mooring permit. Deviations From Statewide Rules Occasionally certain waterways will have different, more restrictive laws than the standards set in other State waters. This is true for the waters off Kaanapali, Maui (HAR 13-251-58), for Hanalei Bay, Kauai (HAR 13-256-39), Wailua River, Kauai (HAR 13-256-56), etc. Here are some examples. • No person shall operate a vessel at a speed in excess of “slow-no-wake” within five hundred feet of the shoreline, an ingress/egress zone, designated mooring area, or on the Hanalei 12 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2
  • River (Hanalei Bay and Kaanapali); • No person shall navigate a motorboat within three hundred feet of a diver’s flag or a designated swimming area (Hanalei Bay); • No person shall anchor, moor or stay aboard a vessel except those equipped with an approved marine sanitation device (MSD) in good working condition, or those vessels exempt from MSD requirement in accordance with U.S. Coast Guard regulations (Hanalei Bay). • Waterskiing on the Wailua River (Kauai) is restricted to specific zones. In one of the zones waterskiing may only be conducted from sunrise to 9am and from 5pm to sunset. Vessels used for waterskiing are exempt from speed restrictions in HAR 13-244-9; however they may not exceed 36 MPH (Wailua River). For the safety of all boaters and recreational users of our waters, DLNR recommends that boaters familiarize themselves with rules that are specific to the waterways they frequent and/or areas they intend to voyage to. For a complete copy of any HAR pertaining to recreational boating in Hawai`i, visit: hawaii.gov/dlnr/dbor/borrules_comp.htm. Operating Under the Influence As on the roadways, on-water enforcement officers may administer sobriety tests and conduct a blood alcohol content (BAC) examination. In Hawai`i, no person shall operate a vessel (HAR 13-244-10) or manipulate water skis or an aquaplane or similar contrivance (HAR 13-244-18) under the influence of alcohol or drugs. • Persons who have a BAC of 0.08% or greater while operating/utilizing vessels and these types of equipment are considered operating under the influence or OUI (HRS 291E-61). • Marine officers may utilize random safety OUI boarding inspections that may include a blood or breath test. • Hawai`i law may prescribe fines and jail times for those who violate State OUI laws. In Hawai`i, an OUI conviction will result in the revocation of a person’s automobile driver’s license. CURRENT AS OF 04/2013 - According to HAR 13-256-73.13, on three holiday weekends each year (Memorial Day, Independence Day, Labor Day), there will be a complete prohibition on alcohol in the Ahu O Laka Safety Zone, Kaneohe Bay in the waters off Oahu, and no person may possess or consume alcoholic drinks in the safety zone or enter the zone under the influence of alcohol, narcotics or non-prescription drugs. Enforcement Officer Authority, Compliance and Assistance In Hawai`i, officers of DLNR’S Division of Conservation and Resources Enforcement (DOCARE) have the authority to stop, halt or inspect vessels to enforce State and Federal 13 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2
  • boating laws on all State waters (HRS 199-3, 4, 7). The United States Coast Guard also has enforcement authority on federally controlled waters. In Hawai`i, marine agents have the authority to stop, halt or inspect vessels! These officers also have the authority to terminate voyages, escort boaters ashore, or order boaters to the nearest moorage if an unsafe condition is found that cannot be corrected on the spot. Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by law enforcement officials to halt. When operating in an area of law enforcement activity, you should reduce speed and give a wide berth until beyond the area of operation of the law enforcement vessel. Accident Reporting Requirements Duty to Render Aid, Inform, Cooperate It is the duty of the operator involved in, and at the scene of, a boating accident without serious danger to the operator's own vessel, or person aboard, to 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 (HRS 200-28). Anyone involved in a boating accident that results in serious injury, drowning or disappearance must notify authorities as soon as possible. Operators involved in a boating accident that results in injury requiring medical assistance, death or disappearance of anyone involved must report the incident by quickest means of communication to a DLNR enforcement official, police officer or nearest police station (HAR 13-242-3). Duty to File an Accident Report Whenever a boating accident results in: (1) loss of life or the disappearance of any person; (2) injury causing any person to require medical treatment beyond first aid; or (3) actual damage to any vessel or to any other property in excess of $200, then the operator of the vessel shall submit within 48 hours of the happening thereof, and within seven days of every other accident, a report on a form furnished by the department (HAR 13-242-4). The required form is currently posted online at: hawaii.gov/dlnr/dbor/pdf/CG-3865 BAR Form - 2011.pdf 14 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2
  • Duty to Inform the Owner of an Unattended Vessel If a vessel strikes an unattended vessel, the operator is obligated to attach securely in a conspicuous place in or on the vessel a written notice providing the operator’s name and address to the owner and the identification of the vessel (HAR 13-242-2). The Good Samaritan Law Hawai`i has a clause in its statutes that supports boaters trying to render aid to a vessel or another boater in distress. 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 (HRS 200-28). Ocean Recreation Management Areas A Designated Ocean Recreation Management Area (ORMA) is a region of our nearshore waters situated between two points along a coastline and extending three thousand (3000) feet seaward of the baseline of the territorial sea as established by Hawai`i Administrative Rule in 1994. ORMAs may contain designated areas for: • high speed boating; • ingress and egress of canoes, kayaks, windsurfers and kite boarders; • parasailing; • scuba, snorkeling and sightseeing cruises; • swimming; • thrill craft operation; • waterskiing; • water sledding. An ORMA provides increased public access, reduces user conflicts and promotes overall public safety by separating specific uses on the ocean waters. ORMAs are also designed to reduce possible adverse impacts on humpback whales and other protected marine life by closing designated zones in certain months of the year. In addition, they confine some commercial activities to specific locations and time periods as well as place limits on equipment types. The department has designated ten "Ocean Recreation Management Areas" throughout the islands. They and their counterparts, Non-Designated ORMAs, surround four of the Main Hawaiian Islands: Hawai`i, Kauai, Maui and Oahu. 15 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2
  • By contrast, any waterway not situated within the boundaries of an ORMA is referred to as a non-designated ORMA. It is important to understand what can and cannot be done in an ORMA and the zones where certain activities can and cannot be conducted. Designated areas have been created and are separated for the safety of our ocean users. As always, the department suggests that every boater familiarize themselves with the zones in our nearshore waters and especially in ORMAs (13-256 various) so accidents can be avoided. Protecting the Resource Hawai`i’s Coral Reefs - The Marine Environment - Ocean Etiquette The first Hawaiians saw the importance of corals and the coral reef as a major component to our islands. Coral reefs are the largest continuous living structures on earth and composed of individual coral animals called polyps. These polyps, smaller than the head of a pin were the first creatures to emerge in the Kumulipo – the traditional Hawaiian account of creation. Coral reefs present many benefits to our islands by providing protection from dangerous waves and storm surges, producing beautiful white sandy beaches since most of the sand comes from the reef. The reefs provide habitat and shelter for fish and other marine life. Hawaiians were intimately aware of the life cycles of marine resources. They understood sustainability of the resources because their existence depended on it. Today, the coral reefs are just as vitally important, and we all should do our part to care for them by: • Educating yourself on protecting coral reefs and sharing the knowledge with others; • Inspecting your clothing and gear before entering the water for fragments of invasive marine organisms; • Obeying all signs posted, especially those posted in marine protected areas. They’re there to protect you and the resources; • Picking up trash, even if it is not yours. Trash can damage and kill a wide variety of marine life; • Leaving coral, shells, sand and rocks where they lay. They provide valuable resources for marine life including shelter, homes and even food; • Keeping your swim fins, gear and hands away from coral. No standing on coral; • Using existing moorings or anchoring in the sand. Dropping anchors on reefs damages and breaks apart coral; • Picking up abandoned fishing gear (nets, lines, hooks, sinkers). They can injure marine life and humans. 16 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2
  • All boaters should keep their vessels well maintained to prevent mechanical failures or sinkings that could impact live corals. Post a lookout to help you navigate through shallow areas. If you do experience engine failure and are about to go aground, deploy your anchor to stop your drifting. The purpose of the Day Use Mooring rules and zones is to reduce damage to coral and other marine life as a result of continuous use of anchors by commercial and recreational vessels in zones of high dive and mooring activity. The rules describe the provisions for mooring at State Day Use Mooring buoys and the zones where the buoys are located (HAR §13-257). In general: • no permit is required; • moorings are for day-time use only; • there is a limit of 2.5 hours if another vessel is waiting (except Old Kona Airport MLCD where vessels are prohibited according to HAR 13-37-3); • anchoring within 100 yards of a Day Use Mooring is prohibited except where no live corals exist. • separate Day Use Moorings exist for recreational and commercial vessels at Molokini Atoll. For more information about Day Use Moorings, visit: hawaii.gov/dlnr/dbor/ bordayusemoorings.htm For the protection of our coral reefs, the shoreline and our waters, Hawai`i has very strict rules about abandoned, derelict and grounded vessels. All vessels grounded on State submerged lands, shorelines, or coral reefs shall be removed immediately by the owner or operator at the owner's or operator's expense. Vessels grounded on a sand beach, sandbar, or mudflat and not in imminent danger of breaking up shall be removed within seventy-two hours, unless otherwise agreed to by the department. Damage to State or private property caused by a grounded vessel shall be the sole responsibility of the vessel's owner or operator (HRS 200-47.5). A vessel which has been left unattended for a continuous period of more than twenty-four hours may be deemed a derelict if the vessel has sunk or is immediate danger of sinking, is obstructing a waterway or is endangering life or property, and for various other reasons (HRS 200-48). Cost to remove a vessel from Hawai`i’s waters may cost $25,000+ depending on the distance from shore, availability of resources, the hull composition, etc. the department strongly advises all vessel owners to protect their vessels and themselves by insuring their boats and making sure their policies cover removal and disposal of the hull. Hawai`i’s nearshore waters and ocean resources have played an important role in the history of the islands and its economy. That is why Marine Managed Areas (MMAs), Fisheries Management Areas (FMAs), Marine Protected Areas (MPAs) and Marine Life Conservation Districts (MLCDs) were created in Hawai`i statutes and rules, to protect, conserve and replenish marine resources, provide fish and other aquatic life with an area to grow and reproduce, resolve user conflicts and protect cultural and historical resources. Within these areas, Hawai`i Administrative Rules may allow limited, sustainable fishing and other consumptive uses, or may prohibit such uses entirely. Motorized vessels and anchoring may be prohibited. It is a boater’s responsibility to thoroughly research a waterway to understand what rules apply to his/her vessel and activities. For information about Marine Managed Areas in Hawai`i, visit: http://hawaii.gov/ dlnr/dar/admin_rules.html. 17 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2
  • Keeping Up With Other State Boating Laws Boating laws are subject to change and it is your responsibility to be informed of the law as it applies to you and your on-water activities. For information about specific boating laws in Hawai`i, contact DLNR/DOBOR. Clifford G.P. Inn, Boating Safety Education Specialist Hawai`i Department of Land and Natural Resources, Division of Boating and Ocean Recreation 333 Queen Street, Suite 300, Honolulu, Hawai`i 96813 Ph: (808) 587-1972 - Fax: (808) 587-1977 Clifford.G.Inn@hawaii.gov Protection of Marine Species All marine mammals and sea turtles are protected by Federal and State law. An overview of this protection is provided below. For detailed information, check out the laws and policies pertaining to protected species: www.nmfs.noaa.gov/pr/laws/ on the National Oceanic and Atmospheric Administration (NOAA) web site. MMPA and ESA Under Federal law, all marine mammals are protected under the Marine Mammal Protection Act (MMPA). Some marine mammals, including humpback whales, sperm whales, false killer whales and Hawaiian monk seals, are also protected as endangered species under the Federal Endangered Species Act (ESA). Sea turtles are also protected under the ESA. The National Marine Fisheries Service (NMFS), an agency within NOAA, is responsible for administering the MMPA and ESA. National Marine Sanctuaries Act Humpback whales are protected in the Hawaiian Islands Humpback Whale National Marine Sanctuary under the National Marine Sanctuaries Act (NMSA). The sanctuary is co-managed as a Federal-State partnership by the Hawai`i Department of Land and Natural Resources and NOAA, National Ocean Service, Office of National Marine Sanctuaries. Hawai`i State Law Marine mammals and sea turtles listed as endangered or threatened species, including humpback whales, sperm whales, false killer whales, Hawaiian monk seals, and all species of sea turtle, are protected under HRS 195D and HAR 13-124. Monk Seals 18 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 43 44 45 46 47 48 2
  • Hawaiian monk seals are native to the Hawaiian Islands, and occur nowhere else in the world. Although most monk seals can be found in the Northwest Hawaiian Islands rare sightings were recorded in the Main Hawaiian Islands in the early 20th century (beginning in 1928) and have slowly increased. Today monk seal sightings are becoming more common in the Main Hawaiian Islands, however they are still considered “endangered” because their overall population across the Hawaiian archipelago continues to decline. Seals usually feed on bottom-dwelling creatures, such as eels, flatfish, wrasses, octopus, and crustaceans. Seals have never been observed hunting pelagic fish, such as mahi-mahi (Dolphinfish, Coryphaena hippurus), ahi (Yellowfin Tuna, Thunnus albacares) aku (Skipjack Tuna, Katsuwonus pelamis), etc. Like sharks and other marine predators, seals play an essential role in our reef ecosystem, maintaining a balance that allows for the highest levels of productivity in our local fisheries. Do not feed seals or discard old bait or scraps into the water when a seal is around. Doing so increases the likelihood that a seal will return for more, possibly coming into close contact with humans and increasing a seal’s risk of accidental hooking or entanglement. Humpback Whales Federal law states that no one may approach a humpback whale within 100 yards in Hawaiian waters. This means that all ocean users (boaters, swimmers, surfers, etc. ) must stay at least 100 yards from any humpback whale at all times. NOAA and DLNR issue a very limited number of special permits to researchers and rescue personnel to get closer than 100 yards. If, while on the water, you find a whale closer than 100 yards to you - if a whale approaches you, for instance - NOAA asks that you remain stationary and wait for the whale to move away. If you are in a motorized vessel, please put your engine in neutral (do not turn it off), and wait for the whale to move away. For more information about whale watching rules and guidelines in Hawai`i, please visit the HIHWNMS whale guidelines web page at: http://hawaiihumpbackwhale.noaa.gov/ explore/whale_guidelines.html. Disturbing Protected Species Except for humpback whales (see above), there is no law specifying the minimum distance people can approach a marine mammal or sea turtle. However, getting close to these animals may constitute a Federal or State violation if the animal is disturbed or if your actions have the potential to disturb its natural behavioral patterns. Feeding or attempting to feed marine wildlife, is also prohibited under Federal law. NOAA and DLNR recommend, for your safety and the animals' protection, that everyone stay at least 150 feet from all marine mammals and sea turtles, and not swim with wild dolphins. If maintaining this distance isn't possible, keep safety in mind and move away from the animal as carefully as possible, avoiding sudden movements and other actions that might disturb the animal. For wildlife viewers, please enjoy from a distance - use binoculars and telephoto lenses to get the best views without disturbing the wildlife. For helpful hints visit: www.nmfs.noaa.gov/pr/education/hawaii/. You Can Make a Difference and Save a Marine Animal In Distress 19 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 44 45 46 47 48 50 2
  • It is essential for boaters and ocean users to report any injured or distressed marine animals. It could mean the difference between life and death. The toll-free, 24/7 reporting hotline for all fishery interactions and other marine mammal incidents is 1-888-256-9840. DLNR and NOAA Fisheries urge all fishermen and other ocean users to write down this hotline and/or save it in their mobile phones for timely use whenever you see a marine mammal that is hooked or entangled. If you see a violation of the MMPA or ESA, please call NOAA’s Enforcement Hotline at 1-800-853-1964. Federal rules and regulations pertaining to the protection of marine species can be found at: www.nmfs.noaa.gov/pr/laws/ hawaiihumpbackwhale.noaa.gov/res/guidelines_laws.html www.mpa.gov/helpful_resources/states/hawaii.html Local Ocean Safety Principles and Practices The waters surrounding the main Hawaiian islands are dynamic, alluring and dangerous. Our islands are situated in the middle of the Pacific Ocean separated by channels that often flow at six to eight knots and are subject to open ocean winds, ocean swells and sudden weather changes. Our nearshore waters are interspersed with coral reefs and shallow flats, and our waters are subject to rip tides. Hurricanes generate high surf and high winds radiating hundreds of miles from the center of the storm. The hazards Hawai`i mariners must avoid are many and varied. Even ocean users who have lived in Hawai`i all their lives fall prey to unseen obstacles or unpredictable conditions. Watercraft, communication equipment and position finding devices have improved dramatically over the years and those changes have enabled boaters to better handle ocean conditions. But these changes cannot significantly increase the skill level of the operator nor provide an operator with the insight that could make the difference between life and death. It is crucial for you as a boater to understand your vessel, your skill level and your limitations, study the hazards involved in the activity and make an informed decision about the safety of your plans before launching. The following suggestions are for the operator to consider and incorporate into their normal procedures and practices while operating a vessel in Hawai`i’s waters. Regardless of the operator’s ability, we encourage use of each of these suggestions to improve one’s chances of survival in an emergency situation. Talk Story to Gain Local Knowledge It is a habit of mariners everywhere to spin tales of their ocean voyages. It is no different here. Many boaters pick up small details about Hawai`i’s ocean waters from other boaters. When you are preparing to launch your vessel, it is always helpful to ask local boaters about hazards specific to a waterway and ocean conditions that you should be aware of. These types of details may be too fine, too timely or too transient to be included in an orientation like this. On site, local advice can make a significant difference in the safety of your voyage. 20 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2
  • Study and Observe It is to your advantage to study and scrutinize the waters and weather conditions and all information you have on-hand before deciding on whether or not to go to sea. It is important to realize that you are probably not an expert judge of ocean conditions and hazards. It takes many years of first-hand experience to gain any degree of insight into this subject, but you have to start somewhere. Every pre-voyage assessment can be critiqued after the fact and gaining insight is a process. Visitors with years of sailing and ocean-going experience have said that our waters are unique and different from almost anywhere else. Still, if you are new to our waters but insist on venturing out on the ocean, make an informed decision with the best data available. Study meteorological reports to see what weather conditions are forming beyond the horizon and know before you go. It is always advisable to get a timely, authoritative weather report before setting out. You should always file a float plan and leave it with someone who will watch for your return. Seasonal swells occur on the north and western shores in the wintertime. Southern swells occur in the summer and are not as intense. Severe storms may affect all waters at any time of the year. Observe cycles of wave action at the ramps until you can predict the lull between the swells… before launching your vessel. Study and observe the harbor conditions before trailering your vessel when you return. Be Aware Although many engineering advances have been made in recent years, watercraft can still have a negative effect on wildlife and harm the environment. Thrill craft are louder than most motorboats and generate sound frequencies that negatively affect seabirds. They also introduce more pollutants into our marine environment than most people think. According to the California Air Resource Board, the emissions from two hours of operation of a typical 100 hp thrill craft is equivalent to operating a 1998 passenger car for 100,000 to 130,000 miles. The speed of any vessel can make it difficult to avoid sea life. Colliding with a green sea turtle often results in its fatality and the number of turtles in Hawai`i’s waters is increasing. The number of humpback whales visiting our waters in the winter is also increasing. Hawai`i is subject to a periodic influx of Box Jellyfish and Portuguese Man-O-War approximately 9-12 days after a full moon. Their stings cause a range of reactions in humans from mild skin irritation to death. There is the common perception that ocean waters are naturally therapeutic. However, boaters should think twice before going into the waters following a heavy rain because streams and drains can introduce many pathogens into the water. Leptospirosis can cause flu-like symptoms and lead to meningitis and liver failure. Avoid waters that are oily, smell and frothy. Cuts from corals should be washed out immediately with clean water because of a risk of bacterial infection. Thrill craft operators may want to avoid being on the water at dawn or dusk and avoiding murky waters due to potential interactions with sharks. The sun can cause severe burns due to the fact that Hawai`i’s UV index can be very high. Understand and heed high surf warnings. Avoid Going to Sea Alone The outer limit for thrill craft in the State of Hawai`i is two miles from nearest land. Still, two miles is a long distance to swim if you are alone and your vessel is taking on water, adrift in an offshore current in winds blowing out to the open ocean. There is no distance limit for other 21 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2
  • types of vessels. Keep in mind that with ocean swells of just a few feet, you become difficult to see by other boaters. Whitecaps on the crests of waves make you even more difficult to spot from the air. Even on a good day with clear skies, it makes good sense to have a partner on board your boat, a personal EPIRB attached to your person, and a PFD (with a signal mirror and whistle attached) on at all times. Know Your Vessel and Your Equipment While at sea, are you equipped for emergencies? Can you clear an obstruction that disables your vessel? Do you carry any tools for these emergency situations? Do you know how far and how long you can run or tow another vessel before you’re out of fuel. Do you understand what to do in a capsizing and how your vessel will operate in nominal conditions? Thrill craft operate by drawing water into the impellor and ejecting that water from the jet. Remember that in a whitewash of a shore break a thrill craft may not generate thrust. Seconds count when you lose propulsion, and the inability to avoid this type of situation could put your vessel on the rocks. If you have not practiced rolling your thrill craft over after it capsizes, practice when it’s not an emergency situation. If your boat is capsized by a rogue wave, stay with it if you can. You’ll be easier to see. If adrift, deploy a parachute to slow down your drift. Claw-type anchors work very well in Hawai`i’s waters. If diving off your vessel, use the proper equipment to make sure your vessel is still anchored where you left it when you resurface. Before you set out, check your safety equipment and shake up your fire extinguisher to loosen the dry chemicals so it performs as expected. The powder may have formed a hard mass. Keep on board your vessel a five-gallon bucket with 100’ of sturdy line and attach it to your bow. By deploying it you can slow the rate of your drift and point your bow into the wind and current. M’aidez-Mayday If all conditions are favorable and you do go to sea, but encounter a problem, are you able to call for help? Vessels are required to carry aboard a VHF radio or and Emergency Position Indicating Radio Beacon (EPIRB), but thrill craft are exempt from this requirement in Hawai`i. The ability to call for assistance in an emergency and the ability to communicate clearly is crucial. Cellular phones are not reliable emergency communication devices in Hawai`i for a variety of reasons. VHF radios will enable you to hail the US Coast Guard (USCG) on Channel 16 and declare an emergency. The USCG will first determine if a vessel in the nearby area is able to assist you. If not, a USCG asset will be deployed. EPIRBs can communicate information about you and your vessel automatically once triggered. To be most effective, EPIRBs should be registered with the National Oceanic and Atmospheric Administration (NOAA). Models equipped with the Geographic Position System can locate you within 15 meters or less. It is wise to make sure you are in full compliance with carriage requirements and have multiple methods for signaling for aid in an emergency situation. Many boaters carry a dry bag (aka ditch bag) of essential items if they must leave their vessel in a hurry. If you lose power but can stay with your vessel, you should have visual distress signals aboard and a communication device. But what if you are ejected and find yourself in the water? If you become separated from your vessel you may not be able to swim to it if there is a steady 22 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2
  • breeze that makes it drift faster than you can swim. This is a common occurrence in Hawai`i. Can you call or signal for help if you are separated from your vessel? EPIRBs that you wear on your person can help rescuers find you in hundreds of square miles of ocean. A strobe light or reflective tape will improve your chances of being found at night or in poor lighting conditions. A signal mirror can summon a rescue vessel from the horizon. It uses the power of the sun and the reflection from a signal mirror grows larger and larger the greater the distance between you and a ship or plane. Learn how to use one and keep it in a pocket on your personal flotation device (PFD). A whistle attached to your life vest could alert the crew on your vessel if you fall overboard without anyone else knowing. Maintain Your Vessel If you have never used a thrill craft in salt water, be advised that you should give your vessel a thorough rinsing after every use to prevent mineral buildup, corrosion and mechanical failure. Make every effort to keep your thrill craft in good running order. Even in Hawai`i Protect Yourself Against Hypothermia. Although Hawai`i’s waters hover around 79-82 degrees most of the time, exposure over a long period of time can reduce your core temperature and cause mild to moderate hypothermia. A drop of just a few degrees can cause shivering, mild confusion and loss of muscle coordination. It’s always a good idea to give yourself multiple methods for signaling help to minimize your time adrift or in the water. It’s also a good idea to understand hypothermia and strategies for dealing with it. Being over-prepared is almost always better than being under-prepared. 23 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2
  • The Historical, Cultural and Customary Practices of Hawai`i’s Ocean Users The seafaring people of Polynesia migrated across large expanses of ocean waters to populate the islands of Hawai`i. These skilled sailors knew how to survive on remote islands and on long sea voyages. Once settled here, the ocean remained an important source of food and recreation for the ancient Hawaiians. The numerous fishponds still in existence along our coastlines, historic mooring holes used by ancient fishermen, and the ocean sports that help define island life are just a few examples of things that support that belief. Surfing, which originated in the islands, has been elevated to a State symbol and is designated the State Individual Sport. Because local culture has grown up with the ocean as part of the landscape, there is a staggering variety and abundance of different uses for the ocean. Some have had historical and customary uses like Outrigger Canoe Paddling, which used to be a means for transportation along the coastline and between islands but has been elevated in status and is now the designated State Team Sport. In almost every case, there are unspoken rules of conduct that determines acceptable and unacceptable behavior while a person is out on the ocean. Here are some factors to consider while recreating on Hawai`i’s waters. • It is legal to enter a surf break on a thrill craft if the break is in an area where the vessel is allowed, i.e. within a designated thrill craft riding zone, or in the undesignated waters of the State. However, if other types of vessels are present, manually powered craft (surfers, paddlers) should always have priority. It is best to leave that break to the surfers. Remember the speed restriction in HAR 13-244-9? By the same token, no laws prevent Hawaiian outrigger canoes and stand-up paddleboards in a surf break. Just remember that operators of any type of vessel may be held responsible for injuries to other ocean users if they do not take steps to avoid collisions. Any vessel, including a surfboard, stand-up paddle board or canoe used in a surf break should get in the lineup like everyone else and take their turn at catching a wave so as to avoid user conflicts. • Many island residents are fishermen. Some make it their livelihood. Their fishing practices are finely tuned based on the patterned behavior of certain, schooling fish species. If you see a plane circling above one or more vessels, there may be an operation 24 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2
  • underway to circle a school of akule (big-eyed scad). These elaborate efforts are being conducted at great cost to the fishermen. The occupants of the plane are observing the school and directing the deployment of nets to encircle the school of fish. Vessels, especially thrill craft, generate noise and vibrations, changing the behavior of the fish and causing them to scatter, making it much more difficult or impossible to surround the school. The result is time and money lost. Steer clear of commercial and recreational fishing vessels that may be fishing in your area. • The ocean is not a desert. A great many people are venturing farther and farther from shore, engaged in sports. Some are fishing to put food on their dinner tables. All vessel operators must be cognizant of the presence of others out on the water. Now with the explosion of free diving, many people are diving far from shore and it is very important to understand and comply with Hawai`i’s dive flag rules. Modern ocean recreation equipment also makes it possible for paddlers to run up and down our coastlines and train/exercise far from shore. It is common courtesy to help other mariners in distress. It is also expected for motorized vessels to observe the slow-no-wake rule when encountering paddle craft and wind-powered craft. In all cases, a vessel operator is required to keep a constant watch. If a vessel has a crew, designate one or more people as lookout to assist the operator in spotting other ocean users and obstructions. • It is a custom to give way to ocean users who are more experienced. It is wise to study and emulate them and unwise to claim the same or even superior status. Arrogant behavior can often trigger retaliation. With the constant introduction of new and varied ocean recreation equipment, the need for everyone to peacefully coexist keeps growing. The department cannot keep constant watch over the miles of ocean waters under its purview so voluntary compliance is essential. Each ocean user is responsible for obeying the rules of the road and all rules/regulations that apply to their activity. We all have responsibility to share the ocean waters and respect the rights of others • Finally, the ancient Hawaiians considered the land, sea and sky, and all the plants and creatures of the earth as gifts bestowed upon them by their deities. These gifts are now our responsibility. The ancients conducted themselves as stewards being mindful not to abuse or overuse these resources and diminish their productivity or richness. Many island residents have adopted this mindset and may object to users who are not supportive of this philosophy and the wellbeing of our resources. To earn the respect of others, respect their right to enjoy the ocean waters. Do nothing that would prevent others from enjoying the resource. Avoid acting in ways that put yourself and others at risk. Conduct yourself in ways that protect and preserve the land and sea because they are gifts to all living things. 25 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2
  • Navigating the HRSs and HARs to Understand Recreational Boating Fines and Penalties for Hawai`i To understand DLNR’S system of fines and penalties, begin by accessing the Hawai`i Administrative Rules (HARs) that fall under DOBOR found at: hawaii.gov/dlnr/dbor/borrules_comp.htm. The DOBOR HARs are divided into three main sections:  Part I (Small Boat Harbors),  Part II (Boating), and  Part III (Ocean Waters, Navigable Streams and Beaches). A rule explaining fines and penalties is found in each part. These rules either outline the fine/penalty or direct you to a Hawai`i Revised Statute (HRS) that provides additional details. Part I: HAR 13-230-4 Penalties and prosecution. Any person who violates any of these rules or who violates any lawful command issued pursuant to these rules by any small boat harbor master, harbor agent or any boating district manager, while in the discharge of that person’s duty, shall be guilty of a misdemeanor. Recommended fines for each violation are as set forth in the bail schedule for boating, small boat harbors, ocean waters, navigable streams and beaches, provided that nothing in these rules shall prohibit a court from imposing the maximum fine of not more than $10,000 for each violation as provided in section 200-14, Hawai`i Revised Statutes. In addition to or as a condition to the suspension of any fines, the offender may be deprived of the privilege of operating or mooring any vessel in state waters for a period of not more than two years as prescribed in section 200-14, Hawai`i Revised Statutes. Prosecution of offenders shall be as provided by law. [Eff 2/24/94] (Auth: §§200-2, 200-3, 200-4, 200-14) (Imp: 200-2, 200-3, 200-4, 200-14) 26 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2
  • NOTE: DOBOR’s bail schedule is currently being revised and integrated with the Department’s Civil Resource Violations System. Part II: HAR 13-242-18 Citation of violation. Except when required by state law to take immediately before a magistrate a person arrested for a violation of these rules, any person authorized to enforce these rules, hereinafter referred to as an enforcement officer, upon arresting a person for violation of these rules shall, in the discretion of the enforcement officer as provided in section 200-26, Hawai`i Revised Statutes, either: (1) issue to the purported violator a summons or citation, warning the violator to appear and answer to charges at a certain place and at a time within seven days after the arrest; or (2) take the violator without unnecessary delay before a magistrate. [Eff 2/24/94] (Auth: HRS §200-24) (Imp: HRS §§200-24, 200-26) NOTE: currently, court appearances are being scheduled within five weeks of the summons or citation. Part III: HAR 13-252-7 Penalties. Any person who is guilty of violating these rules shall be punished as provided in section 200-25, Hawai`i Revised Statutes. [Eff 2/24/94] (Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS §200-25) Decoding Each Rule’s References Here’s some insight on how to decode the legal terms, the shorthand and the language used in the references usually found at the end of a rule. A person viewing a copy of the actual rules will find three informational notes listed at the end of each section. The source note (material in brackets) gives historical information concerning that particular section. Abbreviations include "Eff" (date section originally became effective), "am" (date section was amended), "ren" (renumbered), "comp" (compiled--merging in amendments and other changes to notes without modifying text of section), and "R" (repealed). Citations of authority (material in parentheses beginning with "Auth:") indicate the state statutes, federal statutes, or federal rules which the adopting agency claims authorized the adoption of that particular section. The list of sections implemented (material in parentheses beginning with "Imp:") indicate the state statutes, federal statutes, federal rules, or other laws which the adopting agency claims the particular section to be implementing or interpreting. “Hawaii Administrative Rules 2006 Table of Statutory Sections Implemented and Directory 2006 Supplement to 2001 Cumulative Edition.” Example: HAR 13-252-7 Penalties. Any person who is guilty of violating these rules shall be punished as provided in section 200-25, Hawai`i Revised Statutes. [Eff 2/24/94] (Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS §200-25). REAL WORLD SCENARIOS 27 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2
  • Here are some examples of how to determine fines and penalties. The full text of the pertinent rules or a link to the full text follows at the end of this document. VIOLATION OF RULES IN PART I OF DOBOR’S RULES If a person violates a regulation found in Part I of DOBOR’s rules, HAR 13-230-4 will apply. According to HAR 13-230-4, the violator is guilty of a misdemeanor. A court could impose a fine of not more than $10,000 for each violation as provided in section 200-14, Hawai`i Revised Statutes. In addition to or as a condition to the suspension of any fines, the offender may be deprived of the privilege of operating or mooring any vessel in state waters for a period of not more than two years as prescribed in section 200-14, Hawai`i Revised Statutes. VIOLATION OF RULES IN PART II OF DOBOR’S RULES If a person violates a regulation found in Part II of DOBOR’s rules, HAR 13-242-18 will apply. According to HAR 13-242-18, an enforcement officer has the discretion to either: (1) issue a summons or citation to a violator warning him/her to appear at a certain place and answer charges within seven days after the arrest; or (2) take the violator without unnecessary delay before a magistrate as outlined in section 200-26, Hawai`i Revised Statutes. VIOLATION OF RULES IN PART III OF DOBOR’S RULES If a person violates a regulation found in Part III of DOBOR’s rules, HAR 13-252-7 will apply. According to HAR 13-252-7, in the “list of sections implemented (material in parentheses beginning with "Imp:")” the rule cites HRS 200-25, which sets a fine of not less than $50 and not more than $1,000. The offender may also be sentenced to a term of imprisonment of not more than thirty days, or both, and finally, the court may deprive the offender of the privilege of operating any vessel in the waters of the State for up to thirty days. VIOLATION OF STATE STATUTES If a person abandons his/her vessel in state waters, HRS 200–41 – HRS 200-49 would apply and the penalty is forfeiture of the vessel. If a person abandons his/her vessel on private property, HRS 200-51 – HRS 200-55 would apply and the penalty is forfeiture of the vessel If a person trespasses on another person’s vessel, HRS 200-62 would apply and the violator would be guilty of a misdemeanor. If a person obliterates or conceals a vessel’s Hull Identification Number (HIN), HRS 200-74 would apply and the violator would be guilty of a misdemeanor. TEXT OF APPLICABLE STATUTES AND RULES 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2
  • §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 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. (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. [§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. §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 29 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2
  • to, or as a condition to the suspension of, the fines and penalties, the 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] [§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] Abandoned Vessels (HRS 200–41 – HRS 200-49) penalty is forfeiture of vessels, full text available http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/ Vessels Abandoned on Private Property (HRS 200-51 – HRS 200-55) penalty is forfeiture of vessel http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/ 30 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2
  • Trespass to Vessel – Trespass to Vessel; penalty (HRS 200-62) [§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] Vessel Identification Numbers – Penalty (HRS 200-74) [§200-74] Penalty. Any person who violates this part shall be guilty of a misdemeanor. [L 1991, c 272, pt of §2] Recommended Additional Safety Equipment for Boaters Always fill out a float plan before departing and leave it with someone who will wait and watch for your return. Beyond Hawai`i’s shoreline is the open ocean with fast-moving currents and steady winds. Your safety equipment can make a significant difference in your chances for survival. In addition to mandated safety gear already on your vessel, consider the following recommended items that have been known to save lives and property from being lost. • Anchoring equipment - a spare anchor and line can be deployed to stop your drift and keep you from running aground should you lose power. • Bailing device - hand made or manufactured, a bailing device is invaluable if your vessel is swamped or flooded. • Batteries for all electronic devices – to swap out dying batteries in your flashlights, etc. • Battery cover – prevents arcing between the terminals and other battery problems. • Compass and charts – make sure you have the latest charts showing restricted waters, water depths and approaches to harbors. Study your charts before visiting unfamiliar waters. • Ditch bag - a “ditch bag” containing food and water, communication and signaling devices, survival tools and other essentials is highly recommended. Situate it in your boat where it is easy to access should you need to evacuate your vessel quickly. • Emergency food and water supply – to last at least 24-hours during a tsunami evacuation, etc. 31 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 2
  • • EPIRB (Personal) – make sure it is USCG compliant and the battery is fully charged. • Extra starting battery (charged) – a spare battery can get you back underway quickly. • First aid kit – for minor injuries at sea. • Flashlight (waterproof) – to help in making repairs and signaling for help after sundown. • GPS device - a GPS device can provide you with accurate coordinates to relay to an emergency responder in case your boat or another boat is in distress. • Leashes for oars/paddles – in case your paddle or oars become separated from you and your manually powered watercraft. • Marine Whistles – attach one to each PFD. • Mirror or other reflective device – a signal mirror can draw the attention of a rescue boat on the distant horizon. A computer/audio disk (CD or DVD), because of its highly reflective surface can serve the same purpose. Attach a signaling device to each PFD. • Oars or paddles – handy when you want to adjust your boat’s position by a few feet. • Parachute/bucket and 100’ of line - if your engine fails, deploy a parachute or a bucket on sturdy line to slow your drift. • Spare fuel filters – just in case a clogged filter causes your engine to stall. Don’t forget to perform a sniff test for gas fumes after the switch and before starting your engine. • Spare kill switch - if your vessel is equipped with an ignition kill switch, keep a spare on board in case your primary ignition kill switch is lost or is damaged and can’t be used. • Spare parts and tools – for emergency on-the-spot repairs. • Strobe light – attach one to each PFD. 32 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 2
  • • VHS radio – monitor channel 16 and use it to communicate ship-to-ship and ship-to- shore. A personal Emergency Position Indicating Radio Beacon (EPIRB), strobe light, signal mirror and marine whistle attached to each PFD will help rescuers locate you and your passengers if you are forced to abandon ship. Remember to sweep the horizon with your signal mirror even if you cannot see a vessel in the distance. Once a rescue vessel sees and acknowledges you, stop signaling. 33 1 1 2 3 4 5 6 7 8 2
  • 34 1 1 2 3 4 5 6 7 2
  • 35 1 1 2 3 4 5 6 7 2
  • 36 1 1 2 3 4 5 6 7 2
  • 37 1 1 2 3 4 5 6 7 2
  • 38 1 1 2