19-42-1

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 42
VESSEL AND HARBOR CONTROLS
SUBCHAPTER 1
GENERAL PROVISIONS
§19-42-1 Harbor master; general authority.
(a) A master or person in charge of any vessel, including small craft and smaller
commercial vessels, shall obey and carry into effect any orders given by the
harbor master relative to the method and manner of bringing vessels to anchorage,
entering or leaving a harbor, or coming alongside of or leaving any wharf and
shall not move or allow the vessel to be moved in, out, or within a harbor, or
anchorage without permission of the harbor master. Such permission will not be
given unless tugboat assistance, if required, is available and adequate for the safe
handling of the vessel. Unless expressly prohibited, the harbor master's
permission is not required for vessel movements at Kewalo Basin.
(b) The berthing of vessels, including small craft and smaller commercial vessels
at state-owned or state-controlled facilities shall be in conformity with this part
and where not covered by this part at the discretion of the harbor master in a
reasonable manner such as to protect the public interest.
(c) The master of every vessel and crew thereof, when requested by the harbor
master shall give and afford the harbor master all possible aid in the performance
of any of the harbor master's duties in relation to such vessel.
(d) If there is no person aboard a vessel with proper authority or if there is an
insufficient number of persons aboard such vessel or if the master and crew of a
vessel refuse to aid the harbor master in moving, pumping, mooring, or
unmooring of such vessel when so directed by the harbor master, the harbor
master may pump, moor or unmoor, place, or remove such vessel and may, if
necessary, hire such assistance, equipment, and tackle and purchase and put
aboard such quantity of ballast as seems requisite, all at the expense of the master,
operators, charterers, owners, or agents of such vessel. All such costs shall be paid
to the department before permission for departure is given. The department shall
in no way be liable for any damage or loss occurring to any vessel in consequence
of such proceedings except where the department has been proven to be legally
negligent.
(e) No person without the consent of the harbor master shall cut or cast off any
mooring lines, rope, or tackle made fast or attached to any vessel, wharf, mooring,
buoy, or other place when the same has been fastened or attached by the harbor
master or by the harbor master's order. [Eff 5/20/82; am and comp 2/26/96]
(Auth: HRS §§266-2, 266-3) (Imp: HRS §§266-2, 266-3)