We should not give up and we should not allow the problem to defeat us. ~ A. P. J. Abdul Kalam

1. MARITIME SHIPPING – HAWAII
ILLUSORY PRACTICES AND PROCESSES
DYMYSTIFIED
REGULATORY | TARIFF
AUTHORITY | JURISDICTION
The Hawaii Public Utilities Commission (PUC) may regulate those
interisland shipments which are not within the jurisdiction of the Federal
Maritime Commission (FMC) and the Surface Transportation Board (STB).
The State of Hawaii has jurisdiction over movements in intrastate
commerce. The State of Hawaii has jurisdiction over the services in
Tarif 60-A which is a domestic commodity tarif for interisland freight
published by Matson. The FMC regulates Matson Navigation Company,
Inc., Organization Number 001685, and Matson South Pacifc Limited,
Organization Number 024391, only to the extent for carriage of
passengers or cargo by water between the United States and a foreign
country. Matson Navigation Company, Inc. publishes Tarif 088 and
Matson South Pacifc Limited publishes Tarif 024391-001.
The STB would only have tarif authority over carriers involved in US
noncontiguous domestic marine trafc. The STB would have authority
over carriers operating between Hawaii and the US 48 states; but would
not have authority over Hawaiian inter-island carriers, trafc between the
noncontiguous states or territories themselves (ex: Alaska to Hawaii, or
Guam to Hawaii), or international trafc (ex: Canada to Hawaii). The
carriers: Saltchuk, Young Brothers, Old Oahu Tug Services, and any
others, would only be subject to STB tarif fling requirements to the
extent they publish rates, or carry freight, between any noncontiguous
state or territory and the 48 US states.

2. The Surface Transportation Board has jurisdiction over continuous
movements in interstate commerce over the high seas.
For further discussion of High Seas, Territorial Sea, Territorial Sea Baseline
and Internal Waters of a State. Please refer to LinkedIn SlideShare.
https://www.slideshare.net/cliftonmhasegawa/hawaii-public-utilities-commission-
young-brothers-matson-pasha-rate-increases-rate-makers
______________________________________________________________
CARGO and CONTAINER CARGO DISTINCTIVE
TRANSSHIPMENT CARGO DEFINED
TRANSSHIPMENT APPLIES TO CARGO
Hawaii Administrative Rules Title 19
Department Of Transportation Chapter 41
Rules Relating To General Provision Subtitle 3
Harbors Division Part 1
Commercial Harbors And Tarif
http://hidot.hawaii.gov/harbors/fles/2013/01/19-41-2.pdf
Accessed June 26, 2018
§19-41-2 Defnitions; general.
“Cargo” means the load, freight, or burden of a vessel exclusive of the
vessel's stores, passengers, fuel, and ballast.
“Container cargo” means any and all cargo carried and contained in a
shipping device.
“Incoming domestic overseas cargo” means that incoming cargo from
any United States port (except inter-island cargo or intra-island cargo
as defned in this section) which does not require customs clearance.

3. “Incoming foreign overseas cargo” means that incoming cargo
arriving from ports for which customs clearance is mandatory.
“Inter-island cargo” or “intra-island cargo” means passengers or
cargoes handled between wharves of the islands of Niihau, Kauai,
Oahu, Molokai, Lanai, Maui, Kahoolawe, and Hawaii. I t does not
include passengers or cargoes in transit from an overseas port
traveling between these islands without intermediate of-loading to
a wharf of one of these islands. It does include passengers or cargoes
from an overseas port which were of-loaded at a wharf on one of
these islands and is being transshipped to another wharf on one of
these islands.
"Transshipment cargo" means cargo arriving and unloaded at a wharf
in this State for further shipment to its ultimate destination on, and by
terms of, a through bill of lading. Transshipment cargo is of the
following types:
(1) Overseas: from the United States to another country through
Hawaii, or from one country to the United States or another
country through Hawaii;
(2) Domestic: from the United States to one island port via
another island port or to the United States from one island port
via another island port; or
(3) Inter-island: from one island port to another via one of the
islands.

4. Hawaii Administrative Rules Title 19
Department Of Transportation Chapter 41
Rules Relating To General Provision Subtitle 3
Harbors Division Part 1
Commercial Harbors And Tarif
http://hidot.hawaii.gov/harbors/fles/2013/01/19-41-5.pdf
Accessed June 26, 2018
§19-41-5
The use of the commercial waterways and facilities under the
jurisdiction of the department of transportation shall constitute a
consent to the terms and conditions of these rules, and evidences an
agreement on the part of all vessels, their owners and agents, and
other users of such waterways and facilities to be governed by, and to
pay all charges specifed by, these rules.
MATSON
Ocean Transportation Services: Matson's Hawaii service provides ocean
freight services (lift-on/lift-of, roll-on/roll-of and conventional services)
between the ports of Long Beach and Oakland, California; Seattle,
Washington; and Honolulu, Hawaii. Matson also operates a network of
INTER-ISLAND BARGES that provide connecting services from
Honolulu, Hawaii to other major ports on the Hawaiian islands of
Kauai, Maui and Hawaii. Matson is the largest carrier of ocean cargo
between the U.S. West Coast and Hawaii. [Emphasis Supplied]
Terminal and Other Related Services: Matson provides container
stevedoring, refrigerated cargo services, inland transportation, container
equipment maintenance and other terminal services (collectively
“terminal services”) for MatNav at terminals located on the Hawaiian
Islands of Oahu, Hawaii, Maui and Kauai. [Emphasis Supplied]
Source: Matson 2017 Annual Report. https://investor.matson.com/static-
fles/adfaa5e0-110c-46f1-86f8-de1915e31f13