Hawaii

 

Question

Data

Commercial Vessels

Does your state/territory regulate commercial vessels on sole state waters?

Yes

Other, please specify

If you answered yes to the previous question, is your agency responsible for enforcing regulations on commercial vessels on sole state waters?

Yes

Other, please specify

If you answered "No" to the previous question, which state agency is responsible?

White Water

Does your state regulate vessel operation in white water areas?

No

Other, please specify

Does your state regulate commercial white water operations?

No

Other, please specify

Search & Rescue

Does your agency have a dive team?

Yes

Other, please specify

What agency is responsible for Search and Rescue operations?

Multiple agencies: Fire Department, Police, USCG, etc.

What agency is responsible for victim recovery?

Multiple agencies: Fire Department, Police, USCG, etc.

Boating Education Requirements

Does your state require mandatory boating safety education for some segment of the population?

Yes

Who is required to complete a boating education course in your state?

All operators of PWCs

Are only residents of your state required to complete a boating education course?

No

Other, please specify

Education Exemptions

Are non-residents exempt from having to take a boating education course in your state?

No

Other, please specify

Are U.S. Coast Guard licensed operators exempt from having to take a boating education course in your state?

No

Other, please specify

Are any other persons exempt from having to take a boating education course in your state? Please list.

No

Exams and License/Certificate Issuance

Is issuance of a license/certificate dependant upon passing an exam in your state?

Yes

Other, please specify

If you answered "Yes" to the previous question, what is the passing score in your state?

85%

Providers of Education Courses

State Agency

US Coast Guard Auxiliary

US Power Squadrons

Public School System

X

Private Company

Other, please specify

Minors, Powerboats Personal Watercraft

Does your state require an adult to be on board when a minor is operating a motor-powered vessel other than a PWC?

No

Other, please specify

Does your state require an adult to be on board when a minor is operating a PWC?

No

Other, please specify

Minimum Ages for Education Certification

Does your state certify minor boaters?

Yes

Other, please specify

What is the minimum age someone can be certified in your state?

15

Does your state have reciprocity for accepting out of state certification of minor boaters if the certification course meets NASBLA's Education Standards?

Yes

Mandatory Boat Operator Licensing

Does your state require mandatory boat operator licensing?

No

Other, please specify

Minimum Ages for Non-PWC Vessels

Does your state set a minimum age requirement to operate a motor powered vessel other than a PWC?

No

If you answered "Yes" to the previous question, please list the required age and any other details such as horsepower rating.

Does your state set any minimum age requirements to operate a PWC?

Yes

If you answered "Yes" to the previous question, please list the requirements.

15

Minimum Ages for Non-Powered Vessels

Are there any minimum age requirements in your state to operate non-powered vessels such as sailboats, canoes or kayaks?

No

If you answered "Yes" to the previous question, please list the requirements.

Education Reciprocity

Do you accept out-of-state boating education certificates in your state?

Yes

Other, please specify

If you answered "Yes" to the previous question, which type of certificates do you accept?

NASBLA approved PWC certiication

Does your state honor NASBLA-approved course reciprocity for non-residents?

Yes

Other, please specify

Wallet-Sized Certificates

Does your state issue wallet size boating certificate cards?

Yes

Other, please specify

How long are education certificates/student wallet cards valid in your state?

for life

Challenge Exams

Does your state allow students to take a challenge exam to meet your state boating education requirement?

No

Other, please specify

Online Courses & Proctoring

Does your state have any laws in place which expressly prohibit online boating safety courses?

No

Other, please specify

Does your state require boating safety tests to be proctored?

No

Other, please specify

Water Skiing

Does your state require an observer to be present when pulling a skier?

Yes

Other, please specify

Does your state require a mirror to be present when pulling a skier?

No

Other, please specify

Does your state prohibit water skiing during any specific time of the day/night?

Yes

If you answered "Yes" to the previous question, please describe the time(s) when skiing is prohibited.

sunset to sunrise

Water Skiing

Does your state require a skier to wear a U.S. Coast Guard-approved PFD?

Yes

Are self-propelled skis allowed to be used in your state?

Yes

Does your state require the use of a skier down flag?

No

Describe any other water skiing restrictions in your state.

Motorboat Noise

Is there a maximum noise level for motorboats in your state?

Yes

If you answered "Yes" to the previous question, please give the levels and standard used.

muffled or suppressed as to not create excessive or unusual noise.

Is there a factory muffling alteration law in your state?

No

If you answered "Yes" to the previous question, what is the law?

Is boat noise governed by local ordinance in your state?

No

If you answered "Yes" to the previous question, what is the local ordinance?

Marine Sanitation Devices

Does your state prohibit Y-valve through-hull discharge in waters of state jurisdiction?

Yes

Other, please specify

Does your state require Y-valves to be locked/closed in waters of state jurisdiction?

Yes

Other, please specify

Marine Sanitation Devices

What are the penalties for misuse or failure to equip a vessel with a Marine Sanitation Device in your state?

§13-242-13 Fines and penalties. Pursuant to section 200-25, Hawaii Revised Statutes, any person violating any of these rules, shall be fined not more than $1,000 or imprisoned not more than one year, or both; provided that, in addition to or as a condition to the suspension of the fines and penalties, the court may deprive the offender of the privilege of operating any vessel, on the waters of the State for a period of not more than two years.

What are the penalties for illegal dumping/discharge of a Marine Sanitation Device in your state?

§13-242-13 Fines and penalties. Pursuant to section 200-25, Hawaii Revised Statutes, any person violating any of these rules, shall be fined not more than $1,000 or imprisoned not more than one year, or both; provided that, in addition to or as a condition to the suspension of the fines and penalties, the court may deprive the offender of the privilege of operating any vessel, on the waters of the State for a period of not more than two years.

Personal Watercraft Operation

Does your state require users to wear a U.S. Coast Guard-approved PFD when operating a PWC?

Yes

Does your state require PWC rental operators to provide any instruction or education in PWC operation prior to use?

Yes

If you answered "Yes" to the previous question, how much instruction is required?

Unspecified. Left to the operator's discretion per Hawaii Administrative Rule (HAR) 13-256-18: Commercial thrill craft operators shall be required to establish a safety instruction program for customers that includes, but is not limited to, the safe use of a thrill craft, boundaries of operating areas and the use of a personal flotation device.

Does your state prohibit PWC operation at any specific times?

No

If you answered "Yes" to the previous question, please list the times.

Personal Watercrafts and Skiers

Does your state allow PWCs to pull water skiers?

Yes

If you answered "Yes" to the previous question, are there any restrictions?

same as any vessel towing water skiers

Personal Watercraft Restrictions

Is there a speed limit specific to PWCs other than slow/no wake zones in your state?

No

If you answered "Yes" to the previous question, please list the speed limit.

Is PWC operation restricted within any area or zone in your state?

Yes

If you answered "Yes" to the previous question, please list the restricted area or zone.

§13-256-17 Recreational thrill craft operations. (a) Access to and from designated recreational thrill craft operating areas shall be by the most direct route consistent with safety considerations. (b) In non-designated ocean recreation management areas, recreational thrill craft may operate only in state waters between five hundred feet from the shoreline or the outer edge of the fringing reef whichever is greater and two miles off the islands of Kauai, Oahu, Maui and Hawaii. (c) In designated ocean recreation management areas, recreational thrill craft may operate only within locations designated for recreational thrill craft use. (d) No thrill craft shall be operated for profit or gain in a recreational thrill craft operating area. (e) Recreational thrill craft may gain access to state waters only from launching or harbor facilities or from private beach front property. §13-256-16 Thrill craft operations; general provisions. (b) No person shall operate thrill craft within a marine life conservation district or marine natural area reserve. (c) Thrill craft operations shall be curtailed in certain designated areas as described in subchapters two through eleven as necessary, to: 1) avoid possible adverse impacts on humpback whales or other protected marine life; 2) provide for increased public access; 3) reduce user conflicts; and 4) promote overall public safety.

Are limitations imposed on wake jumping with PWCs in your state?

Yes

If you answered "Yes" to the previous question, please describe the limitations.

per federal regs

Is there a kill switch or safety lanyard requirement for PWCs in your state?

No

Life Jackets

Which persons in your state are required to wear a PFD and under what circumstances?

all children under the age of thirteen are required to wear a properly fitted personal flotation device whenever the vessel is underway on the ocean waters or navigable streams of the state or when moored or anchored offshore in a non-designated offshore mooring area, unless the children are below decks or in an enclosed cabin.

What are the penalties for violating PFD regulations in your state?

§200-14 Violation of rules; penalty. (a) Any person who violates any rule adopted by the department under this part or who violates this part, shall be fined not more than $1,000 or less than $50 for each violation, and any vessel, the agents; owner, or crew of which violate the rules of the department or this part, shall be fined not more than $1,000 or less than $50 for each violation; provided that in addition to or as a condition to the suspension of the fines and penalties, the court may deprive the offender of the privilege of operating or mooring any vessel in state waters for a period of not more than thirty days. [§200-14.5] General administrative penalties. (a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of subtitle 8 of title 12 or any rule adopted thereunder. Each day or instance of violation shall constitute a separate offense. (1) For a first violation or a violation beyond five years of a previous violation, a fine of not more than $5,000; (2) For a second violation within five years of a previous violation, by a fine of not more than $10,000; and: (3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $15,000.

Blood Alcohol Content

What is the BAC level at which a person is considered intoxicated in your state?

0.08

Does your state have a lower threshold for BAC for minor boaters?

Yes

If you answered "Yes" to the previous question, what is the BAC level for minors?

0

Boating Under the Influence

Does a BUI conviction impact an offender's automobile driving privileges in any way in your state?

Yes

If you answered "Yes" to the previous question, how are their privileges impacted?

Judges have discretion as to fines and penalties prescribed by the law. The definition of vehicles in our state includes vessels and therefore a BUI conviction will impact a persons driving record.

BUI Saturation Patrols & Checkpoints

Are BUI saturation patrols utilized in your state?

No

If you answered "Yes" to the previous question, how are they used?

Are BUI checkpoints utilized in your state?

No

If you answered "Yes" to the previous question, how are they used?

Alcohol Testing for BUI

Does your state allow blood tests to determine BAC or BUI?

Yes

Does your state allow breath tests to determine BAC or BUI?

Yes

Does your state allow urine tests to determine BAC or BUI?

No

Test Usage in Criminal Evidence

Blood

X

Breath

X

Urine

Field Sobriety Tests

Does your state require field sobriety tests to be conducted on shore?

No

Other, please specify

Can refusal of a test be used against a boater in criminal prosecution in your state?

Yes

Other, please specify

Do marine officers utilize random BUI inspections that include boarding the boat in your state?

No

Negligent Operation of a Vessel

Does your state allow officers to issue citations for negligent operation of a vessel?

Yes

Portable BUI Equipment

Does your state allow the use of hand held or portable BUI enforcement equipment?

Yes

Does your state allow the use of hand held or portable BUI enforcement equipment to be used for probable cause?

No

Does your state allow the use of hand held or portable BUI enforcement equipment to be used for evidentiary purposes?

No

What percentage of law enforcement officers have access to hand held or portable BUI enforcement equipment in your state?

0%

Probable Cause

Does state law require probable cause for marine officers to stop a vessel?

Yes

Other, please specify

Does state law require probable cause for marine officers to board a vessel?

Yes

Other, please specify

Towing Distressed Vessels

Do marine officers utilize random safety inspections that include boarding the boat in your state?

Yes

Other, please specify

Are marine officers allowed to tow vessels in distress in your state?

No

Other, please specify

Are seaplanes "on the water" treated as vessels in your state?

Yes

Other, please specify

Liability Insurance

Does your state mandate liability insurance for boaters?

No

On-Water Pursuits

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on on-water pursuit?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interstate on-water pursuit?

No

Transporting Subjects, Accident Victims, Guests

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting subjects?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting accident victims?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting guests?

Yes

Officer Safety

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on requiring officers to wear Coast Guard-approved PFDs?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on skin care safety for officers?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on hearing safety for officers?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on back safety for officers?

No

Towing Distressed Vessels

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on towing distressed vehicles?

No

First Responders, First Aid, Good Samaritans, Search and Rescue

Does your state have a written, formal marine law enforcement policy, operationa