Vessels aground
HRS §200-47.5
in effect200-47.5. 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]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0200/HRS_0200-0047_0005.htmFetched: 11/10/2026