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MARITIME SHIPPING
HAWAII
JURISDICTION
SURFACE TRANSPORTATION BOARD

HAWAII PUBLIC UTILITIES COMMISSION
Hawaii Revised Statutes
Chapter 271G
Hawaii Water Carrier Act
The Act does not apply to:
Commerce with foreign nations or ...
MATSON NAVIGATION COMPANY, INC., Plaintiff, v.
HAWAII PUBLIC UTILITIES COMMISSION and Yukio Naito, in
his capacity as Chai...
Factors Determinative Of
Whether Goods Remain
In Continuous Interstate Commerce
CONTINUOUS CHAIN OF CUSTODY
Originating Ca...
DETERMINATION OF
US FLAG STATUS
UNITED STATES COAST GUARD
DOCUMENTATION
INSPECTION
REGISTRATION
JURISDICTIONAL WATERS
Shore waters and shores means any shores or
waters between the three nautical mile limit
and the mea...
Courtesy State of Hawaii Department of Land and Natural Resources
ALL WATER BORNE COMMERCE IN THE
STATE OF HAWAII
IS WITHIN THE JURISDICTION OF
THE HAWAII PUBLIC UTILITIES COMMISSION

Carr...
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MARITIME SHIPPING IN HAWAII - JURISDICTION OF THE HAWAII PUBLIC UTILITIES COMMISSION (HPUC)

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The HPUC has stated that the Commission has no jurisdiction over intrastate water carrier transportation of goods.

The presentation is contrary to the position of the HPUC.

One of the Commission's short term goal is to Increase the transparency of the regulatory process and public access to the Commission to ensure that the Commission efficiently, independently, fairly, and impartially regulates public utilities.as created to protect.

Has the Commission aggressively pursued the interest of the public it was created to serve?

Published in: News & Politics, Business
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MARITIME SHIPPING IN HAWAII - JURISDICTION OF THE HAWAII PUBLIC UTILITIES COMMISSION (HPUC)

  1. 1. MARITIME SHIPPING HAWAII JURISDICTION SURFACE TRANSPORTATION BOARD HAWAII PUBLIC UTILITIES COMMISSION
  2. 2. Hawaii Revised Statutes Chapter 271G Hawaii Water Carrier Act The Act does not apply to: Commerce with foreign nations or to interstate commerce, except insofar as the application is permitted under the Constitution and laws of the United States.
  3. 3. MATSON NAVIGATION COMPANY, INC., Plaintiff, v. HAWAII PUBLIC UTILITIES COMMISSION and Yukio Naito, in his capacity as Chairman, Hawaii Public Utilities Commission, Defendants, and Young Brothers, Limited, Defendant-Intervenor. United District Court – District Court of Hawaii CIV. NO. 90-00052 DAE July 19, 1990 [e]ach shipment must be considered separately as to its interstate or intrastate character. [g]oods that remain in continuous interstate commerce are subject to FMC (now Surface Transportation Board) jurisdiction and may not be regulated by the HPUC simply because they cross the Honolulu docks.
  4. 4. Factors Determinative Of Whether Goods Remain In Continuous Interstate Commerce CONTINUOUS CHAIN OF CUSTODY Originating Carrier a US Flag Carrier and utilizing US Flag Vessels. All intervening Carrier and Vessels are required to be US Flag. JURISDICTIONAL WATERS Originating Cargo Carriage over Interstate Waters is continuous when cargo carriage is remains solely and completely in Interstate waters during the course of carriage until final destination.
  5. 5. DETERMINATION OF US FLAG STATUS UNITED STATES COAST GUARD DOCUMENTATION INSPECTION REGISTRATION
  6. 6. JURISDICTIONAL WATERS Shore waters and shores means any shores or waters between the three nautical mile limit and the mean high tide mark on the shores of the islands of the State of Hawaii. Non-State Waters (waters outside three miles) are Federal waters under the jurisdiction of the United States Coast Guard (USCG). Hawaii Administrative Rules Title 13.
  7. 7. Courtesy State of Hawaii Department of Land and Natural Resources
  8. 8. ALL WATER BORNE COMMERCE IN THE STATE OF HAWAII IS WITHIN THE JURISDICTION OF THE HAWAII PUBLIC UTILITIES COMMISSION Carriage of goods by water in the State of Hawaii are not in continuous Interstate Water borne Carriage. Carriers utilize Sea lanes, Ports and Harbors within the jurisdiction of the State of Hawaii. Carriers are required to meet US Flag requirements. Carriers are required to meet United States Coast Guard Vessel Documentation and Inspection.

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