THE SENATE |
S.B. NO. |
992 |
TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 2 |
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO VESSELS AGROUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 200-47.5, Hawaii Revised Statutes, is amended to read as follows:
"§200-47.5 Vessels aground [on
state property]. (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. [Vessels
grounded on a sand beach, sandbar, or mudflat and not in imminent danger of
breaking up shall be removed within seventy-two hours, unless otherwise agreed
to by the department.] 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 assume control of any
vessel that[:
(1) Is] is grounded on state
submerged land, a shoreline, or a coral reef or in imminent danger of
breaking up[;] and
(2) Cannot be immediately removed by the
owner within twenty-four hours of actual notification to the vessel owner or
the owner's representative by the department and in a manner that is reasonably
safe, as determined by the department. If the department has made good faith
efforts to provide actual notice to the owner or the owner's representative but
such actual notice is futile, the department may assume control of the grounded
vessel within twenty-four hours from the time it has been determined actual
notice is futile. If the owner's representative has received actual notice
from the department and has commenced effective salvage operations, this
section shall not apply.
The owner of the
vessel may continue as the primary agent in salvaging the vessel after
twenty-four hours upon providing proof of a marine insurance policy listing the
State as an additional insured in the amount of at least $1,000,000 and proof
that the owner is actively and effectively initiating a salvage effort with
reasonable evidence, as determined by the department, that the vessel may be
saved within seventy-two hours of grounding; provided that the department may
allow an extension beyond the seventy-two hour limit if it determines that no
additional environmental damage exists.] cannot be removed by the owner
within twenty-four hours from the time the vessel is grounded; provided that
this subsection shall not apply if the owner or owner's
representative has received notice from the department and has commenced
effective salvage operations.
(c) Vessels grounded on a sand beach, sandbar, or mudflat and not in imminent danger of breaking up shall be removed by the owner or operator within seventy-two hours, unless otherwise agreed to by the department.
(d) Solely for the purposes of removal and with no liability to the department, the department may immediately assume control of any vessel grounded on a sand beach, sandbar, or mudflat and not in imminent danger of breaking up that is 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 if the owner or owner's representative has received notice from the department and has commenced effective salvage operations.
(e) Once the
department assumes control over the vessel, the vessel shall be removed by conventional
salvage methods if possible, and if not possible by any means necessary,
to minimize damage to the natural resources and not become a hazard to
navigation. [All costs and expenses of removing the vessel and damage 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.
(c)] (f)
All costs and expenses of 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 in the boating special fund.
[(d)] (g)
Any person who renders assistance to the department when it acts pursuant to subsection
(b) or (c) and any person who, in good faith and without remuneration or
expectation of remuneration, renders assistance at the scene of a vessel [grounded]:
(1) Grounded on state submerged
land, a shoreline, or a coral reef [or in];
(2) In imminent danger of breaking up; or
(3) Grounded on a sand beach, sandbar, or mudflat and not in imminent danger of breaking up,
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."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on December 24, 2088.
Report Title:
Vessels Aground; Department of Land and Natural Resources Control of Vessels; Costs of Removal
Description:
Clarifies that the Department of Land and Natural Resources (Department) may assume immediate control of a vessel that is grounded on state submerged land, a shoreline, or a coral reef, or in imminent danger of breaking up, if the vessel cannot be removed by the owner within 24 hours from the time the vessel is grounded. Clarifies that the Department may assume immediate control of a vessel grounded on a sand beach, sand bar, or mudflat not in imminent danger of breaking up after the owner has been given 72 hours' notice to remove the vessel and has not done so. (SB992 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.