Report Title:

Grounded Vessels

Description:

Authorizes the Department of Land and Natural Resources to remove a grounded vessel under its control, by any means necessary, in order to minimize damages to the natural resources and not become a hazard to navigation.

HOUSE OF REPRESENTATIVES	H.B. NO.	3173
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GROUNDED VESSELS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 200-47.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Solely for the purposes of removal and with no liability to the department, the department may assume control of any vessel that:

     (1)  Is grounded on a coral reef or in imminent danger of breaking up; and

     (2)  Cannot be immediately removed by the owner in a manner that is reasonably safe, as determined by the department.

Once the department assumes control over the vessel, the vessel shall be [directed to a safer location.] removed by any means necessary in order to minimize damages to the natural resources and not become a hazard to navigation.  All costs and expenses of removing the vessel and damages to state or private property shall be the sole responsibility of the vessel's owner or operator.  This section shall apply whether the vessel is attended or deemed derelict under section 200-48."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST