Abandoned Vessels on Public and Private

HRS div. 1, tit. 12, ch. 200, pt. III

in effect

HRS §200-41 Abandonment of vessels

200-41. Abandonment of vessels (a) No person shall abandon any vessel in the waters of the State or on any property, other than the property of the vessel owner, without the consent of the property owner. (b) A vessel shall be presumed abandoned if: (1) The vessel has been moored, anchored, or otherwise left unattended in the waters of the State or on public property for more than seventy-two hours without a valid use permit; (2) The vessel has been left unattended on private property without authorization of the owner or occupant of the property for more than seventy-two hours; (3) The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined; (4) The vessel does not have a valid registration certificate or United States Coast Guard documentation and has been moored, anchored, or otherwise left unattended in the waters of the State or on public property for more than seventy-two hours; or (5) The requirements of section 200-52 are met. (c) The determination of whether a vessel is abandoned on public property may be made by: (1) The chairperson, or the chairperson's authorized representative, with regard to public property under the jurisdiction of the department; (2) Any other state department or agency through its director, with regard to public property within the department or agency's respective jurisdiction; or (3) Any county through its mayor or the mayor's designee, or chief of police, with regard to public property within the respective county's jurisdiction; provided that the department shall provide to the respective county access to the department's vessel registration and marine document records or those of the United States Coast Guard for the purposes of this section. Once a vessel is deemed abandoned in the waters of the State or on public property, the appropriate official under this subsection may direct and cause the vessel to be taken into custody and disposed of pursuant to, and in the manner provided in, this part. All owners of abandoned vessels that are impounded by the department shall be responsible for paying impound fees to the department while the vessel remains impounded and until the vessel is returned to the custody of a person entitled to possession or disposed of by the department. Impound storage fees shall be equal to the rate set by the department for vessels moored without a valid permit. (d) All vessels abandoned on private property shall be the responsibility of the private property owner. (e) Any person who abandons a vessel in the waters of the State or on public property shall be guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both, for each offense. Each day of each violation shall be deemed a separate offense. All criminal fines collected pursuant to this subsection shall be deposited into the general fund in accordance with section 706-643. It shall be an affirmative defense to prosecution that a vessel was abandoned during a national emergency declared by the President or Congress of the United States, or a state of emergency declared by the governor, or as otherwise approved in writing by the chairperson, or the chairperson's designee; provided that the defense shall be valid only for the duration of the declared emergency or written approval. [L 1991, c 272, pt of §2; am L 2012, c 146, §1; am L 2021, c 218, §3]

HRS §200-42 Notice to owner

200-42. Notice to owner (a) A state or county agency, upon taking custody of any vessel deemed abandoned pursuant to section 200-41, shall immediately post a written notice on the vessel and send a duplicate original by registered or certified mail, with a return receipt requested, to any owner registered with the department or documented by the United States Coast Guard or any lien holder or operator of the vessel on record with the department or the United States Coast Guard at their respective last known address on record with the department or the United States Coast Guard. The notice shall contain a brief description of the vessel, the location of custody, and the intended disposition of the vessel if not repossessed within ten working days after the mailing of the notice. (b) The owner, lien holder, or operator of the vessel shall have five working days after receipt of notice of impoundment of the vessel to request an administrative hearing from the state or county agency that took custody of the vessel. A request for administrative hearing shall: (1) Be made in writing to the state or county agency that took custody of the vessel; (2) Not be deemed delivered until the time that the agency receives the written request; and (3) Be solely for the purpose of allowing the owner, lien holder, or operator of an impounded vessel to contest the basis given by the agency for the impoundment of the vessel. The administrative hearing shall be held within five working days of delivery of the written request. [L 1991, c 272, pt of §2; am L 2004, c 70, §2; am L 2012, c 146, §2; am L 2021, c 218, §4]

HRS §200-43 Public auction; disposition of abandoned vessels

200-43. Public auction; disposition of abandoned vessels Any abandoned vessel impounded under this part that remains unclaimed by the registered or documented owner, lien holder, or operator of record for more than ten working days after mailing of the notice required by section 200-42 may be sold at public auction by the state or county agency that took custody of the vessel. If the agency does not, or is unable to, sell the vessel at public auction, the agency, after giving public notice of intended disposition, may sell the vessel by negotiation, retain and use the vessel, donate the vessel to any other government agency, or dispose of the vessel as junk. [L 1991, c 272, pt of §2; am L 1998, c 2, §54; am L 2021, c 218, §5]

HRS §200-44 Possession by interested party

200-44. Possession by interested party Any person having an interest in the vessel taken into custody may take possession of the vessel prior to the date of public auction upon payment to the state or county agency that took custody of the vessel of all use fees, towing, handling and storage charges, appraisal and advertising expenses, and any other expenses incurred by that state or county agency in connection with the vessel. If the person taking possession of the vessel is not the registered or documented owner, the person, prior to taking possession of the vessel, shall pay the foregoing expenses and post security satisfactory to the state or county agency, which shall not exceed the value of the vessel. The security, if not forfeited, shall be returned to the person posting it within two years after receipt. [L 1991, c 272, pt of §2; am L 2004, c 70, §3; am L 2012, c 146, §3]

HRS §200-46 Effect of sale

200-46. Effect of sale The transfer of interest by sale hereunder shall be evidenced by a bill of sale from the appropriate state or county agency, shall be considered a transfer by operation of law, and shall be governed by provisions applicable thereto. [L 1991, c 272, pt of §2; am L 2012, c 146, §5]

HRS §200-47 Disposition of proceeds. [Section effective until June 30, 2015

200-47. Disposition of proceeds. [Section effective until June 30, 2015 For section effective July 1, 2015, see below.] A state or county agency that sells a vessel pursuant to this part shall deposit that portion of the proceeds of the sale of the vessel that represents the mooring or other fees and charges due the agency, the expenses of the auction, and any other expense incurred by the agency in taking into custody and disposing of an abandoned vessel, derelict vessel, or vessel impounded under section 200-16, into the boating special fund or other state or county fund, as appropriate, from which the expenses incurred in connection with the vessel were paid. The balance, if any, shall be deposited into the general fund of the State. The owner may recover any balance of the proceeds from the State only if the owner files a claim therefor with the department of budget and finance within one year after the execution of the bill of sale. If no claim is made within the year allowed, the money shall become a state realization. A lien holder shall receive priority in payment from the balance of the proceeds to the extent of the lien holder's lien on the vessel. If the proceeds of the sale are insufficient to cover the mooring and other fees and charges, the expenses of the auction, and the other expenses incurred by the agency in taking into custody and disposing of the vessel, the agency may bring an action for the deficiency in a court of appropriate jurisdiction against the registered or documented owner or any person who had an interest in the vessel when custody was taken by the agency. §200-47 Disposition of proceeds. [Section effective July 1, 2015. For section effective until June 30, 2015, see above.] A state or county agency that sells a vessel pursuant to this part shall deposit that portion of the proceeds of the sale of the vessel that represents the mooring or other fees and charges due the agency, the expenses of the auction, and any other expense incurred by the agency in taking into custody and disposing of an abandoned vessel, derelict vessel, or vessel impounded under section 200-16, into the boating special fund or other state or county fund, as appropriate, from which the expenses incurred in connection with the vessel were paid. The balance, if any, shall be deposited into the general fund of the State. The owner may recover any balance of the proceeds from the State only if the owner files a claim therefor with the department of budget and finance within one year after the execution of the bill of sale. If no claim is made within the year allowed, the money shall become a state realization. A lien holder shall receive priority in payment from the balance of the proceeds to the extent of the lien holder's lien on the vessel. If the proceeds of the sale are insufficient to cover the mooring and other fees and charges, the expenses of the auction, and the other expenses incurred by the agency in taking into custody and disposing of the vessel, the agency may bring an action for the deficiency in [an] environmental court of appropriate jurisdiction against the registered or documented owner or any person who had an interest in the vessel when custody was taken by the agency. [L 1991, c 272, pt of §2; am L 2004, c 70, §5; am L 2012, c 146, §6] [L 1991, c 272, pt of §2; am L 2004, c 70, §5; am L 2012, c 146, §6; am L 2014, c 218, §8]

HRS §200-47.5 Vessels aground

200-47.5. Vessels aground (a) 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. Damage to state or private property caused by a grounded vessel shall be the sole responsibility of the vessel's owner or operator. (b) Solely for the purposes of removal and with no liability to the department, the department may immediately assume control of any vessel that is grounded on state submerged land, a shoreline, or a coral reef; in imminent danger of breaking up; and cannot be removed by the owner within twenty-four hours from the time the vessel was grounded; provided that this subsection shall not apply: (1) During a national emergency declared by the President or Congress of the United States; (2) During a state of emergency declared by the governor; (3) If the owner or owner's representative has received notice from the department and has commenced effective salvage operations; or (4) If otherwise approved in writing by the chairperson or the chairperson's designee. (c) Except during a national emergency declared by the President or Congress of the United States, or a state of emergency declared by the governor, or as otherwise approved in writing by the chairperson or the chairperson's designee, vessels grounded on a sand beach, sandbar, or mudflat shall be removed by the owner or operator within seventy-two hours. (d) Solely for the purposes of removal and with no liability to the department, the department may immediately assume control of any vessel that is grounded on a sand beach, sandbar, or mudflat; not in imminent danger of breaking up; and not removed by the owner in a manner that is reasonably safe, as determined by the department, within seventy-two hours of notification to the vessel owner or the owner's representative; provided that this subsection shall not apply: (1) During a national emergency declared by the President or Congress of the United States; (2) During a state of emergency declared by the governor; (3) If the owner or owner's representative has received notice from the department and has commenced effective salvage operations; or (4) If otherwise approved in writing by the chairperson or the chairperson's designee. (e) Once the department assumes control of a vessel pursuant to this section, the vessel shall be removed by conventional salvage methods if possible, and if not possible, then by any means necessary to minimize damage to the natural resources and not become a hazard to navigation. (f) All costs and expenses related to removing the vessel and damage to state or private property shall be the sole responsibility of the vessel's owner or operator. The department may take legal action to collect any costs or expenses incurred by the department for any removal under this section. All moneys collected shall be deposited into the boating special fund. (g) Any person who renders assistance to the department when it acts pursuant to subsection (b) or (d) and any person who, in good faith and without remuneration or expectation of remuneration, renders assistance at the scene of a vessel: (1) Grounded on state submerged land, a shoreline, or a coral reef; (2) In imminent danger of breaking up; or (3) Grounded on a sand beach, sandbar, or mudflat, shall not be liable for any civil damages resulting from the person's acts or omissions in providing or arranging towage or other assistance, except for damages caused by the person's gross negligence or wanton acts or omissions. (h) This section shall apply whether a vessel is attended or deemed derelict under section 200-48. [L 2006, c 134, §1; am L 2008, c 96, §1; am L 2012, c 57, §1; am L 2017, c 154, §1; am L 2021, c 218, §6]

HRS §200-48 Derelict vessel

200-48. Derelict vessel A vessel which has been left unattended for a continuous period of more than twenty-four hours is a derelict if: (1) The vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering life or property; or (2) The vessel has been moored or otherwise left in the waters of the State or on public property contrary to law, or rules having the force and effect of law, or the vessel has been left on private property without authorization of the owner or occupant of the property and if: (A) The vessel's registration certificate or marine document has expired and the registered owner no longer resided at the address listed in the vessel registration or marine document records of the department or the United States Coast Guard; (B) The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined; (C) The vessel identification numbers and other means of identification have been removed so as to hinder or nullify efforts to locate or identify the owner; or (D) The vessel registration records of the department and the marine document records of the United States Coast Guard contain no record that the vessel has ever been registered or documented and the owner's name or address cannot be determined. [L 1991, c 272, pt of §2]

HRS §200-49 Disposition of derelict vessel

200-49. Disposition of derelict vessel (a) The chairperson may cause a derelict vessel to be immediately taken into custody. Upon taking custody of a derelict vessel, the department, as soon as reasonably possible shall: (1) Give public notice of intended disposition and procedure for requesting an administrative hearing; (2) When possible, post a notice of intended disposition and procedure for requesting an administrative hearing on the vessel; and (3) Serve a duplicate original of the notice of intended disposition and procedure for requesting an administrative hearing by certified mail, return receipt requested on: (A) The registered or documented owner of the vessel, if known, at the owner's last known address on record with the department or the United States Coast Guard; (B) All lien holders who have properly filed a financing statement, referencing the name of the registered or documented owner, in the bureau of conveyances or who are shown on the records of the department or the United States Coast Guard; and (C) Any operator of the vessel on record with the department or the United States Coast Guard. (b) The owner, lien holder, or operator of the vessel shall have five working days after the date of the public notice or receipt of the mailed notice, whichever occurs later, to request an administrative hearing. A request for an administrative hearing shall be made in writing to the department, shall not be deemed delivered until the time that the department receives the written request, and shall be solely for the purpose of allowing the owner, lien holder, or operator of the impounded vessel to contest the basis given by the department for the impoundment of the vessel. The administrative hearing shall be held within five working days of delivery of the written request. (c) If the vessel is not repossessed within ten working days after the date of the public notice or mailing of the notice, whichever occurs later, the vessel may be disposed of by negotiated sale except that, when two or more purchasers indicate an interest in purchasing the vessel, the vessel shall be sold at public auction to the highest bidder. If no purchaser expresses a desire to purchase the vessel, the vessel may be destroyed or donated to any governmental agency. [L 1991, c 272, pt of §2; am L 1998, c 2, §55; am L 2004, c 70, §6; am L 2021, c 218, §7]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0200/HRS_0200-.htmFetched: 11/10/2026