(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.

Terms Used In Hawaii Revised Statutes 200-47.5

  • Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 200-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 200-1
  • Shoreline: means the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 200-1
(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 § 200-48.

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