Unauthorized vessels; impoundment and disposal proceedings
HRS §200-16
in effect200-16. Unauthorized vessels; impoundment and disposal proceedings
(a) A vessel moored without a valid use permit or moored with a use permit that has expired or been terminated shall be deemed an unauthorized vessel in violation of this section and shall be subject to impoundment and disposal.
(b) The department shall place upon, or as
near to an unauthorized vessel as possible, a notice to remove the vessel,
which shall, at a minimum, indicate that the vessel is in violation of this
section, the date and time the notice was posted, and that the vessel shall be removed within seventy-two hours of the
time that the notice was posted; provided that if the vessel is in imminent
danger of breaking up on state submerged land, a shoreline, or a coral reef,
the notice shall indicate that the owner shall commence effective salvage operations
within twenty-four hours of the time that the notice was posted.
(c) An unauthorized
vessel may be impounded by the department at the sole risk and expense of the
owner of the vessel if the vessel is not removed after the period
specified in subsection (b). Calculation of the time period shall not restart
if, during that period, the vessel is moved anywhere in the waters of the State
or to any public property and remains in violation of this section. The owner
of the vessel shall be solely responsible for all costs of the impoundment and
the disposal of the unauthorized vessel. All owners of unauthorized vessels
that are impounded by the department shall be responsible for paying impound
storage fees to the department while the vessel remains impounded and until the
time that the vessel is returned to the custody of a person entitled to
possession. Impound storage fees shall be equal to the
rate set by the department for vessels moored without a valid permit. Any
proceeds collected by the department in relation to the impoundment and the
disposal of the unauthorized vessel shall be used first to pay for the costs of
impoundment and disposal, then to pay for any additional costs related to the
impoundment and disposal, then to pay for any outstanding mooring fees due to
the department from the owner, and then to the general fund. If the proceeds
resulting from the impoundment and the disposal are inadequate to pay for all
costs and mooring fees due, the owner of the unauthorized vessel shall remain
liable for paying the department any and all outstanding costs and mooring fees
due.
(d) Custody of an unauthorized vessel shall be
returned to the person entitled to possession only upon payment in full of all
fees and costs due to the department and any and all fines levied by the
department or a court of competent jurisdiction. In addition, the department,
within seventy-two hours of impoundment, shall send by certified mail, return
receipt requested, a notice of impoundment to the registered or documented
owner or any lien holder or operator of the impounded vessel on record with the
department or the United States Coast Guard. The owner, lien holder, or
operator of the impounded vessel shall have five working days after receipt of
notice of impoundment of the vessel to request an administrative hearing. A
request for an administrative hearing under this subsection shall:
(1) Be made in writing to the department;
(2) Not be deemed delivered until the time that the department
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 department for the impoundment of the vessel.
The administrative hearing shall be held within five
working days of delivery of the written request. The department may adopt
rules pursuant to chapter 91 to implement the requirement for this post-seizure
administrative hearing process.
(e) Any unauthorized vessel impounded under
this section that remains unclaimed for more than ten working days by the
registered or documented owner, a lien holder, or operator of record may be
sold by the department at public auction. If the department does not, or is
unable to, sell the vessel at public auction, the department, after giving
public notice of intended disposition, if that notice was not previously
included in a public auction notice, 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 1994, c 113, §2;
am L 2004, c 70, §1; am L 2013, c 121, §1; am L 2021, c 218, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0200/HRS_0200-0016.htmFetched: 11/10/2026