Three Levels of Regulations

Three levels of regulations we deal with daily:

1. Code of Federal Regulations (CFR)
2. The Hawaii Revised Statutes (HRS §200-various)
3. The Hawaii Administrative Rules, (HAR §13-various)

Code of Federal Regulations

CFRs pertaining to general vessel operation are not covered extensively in this orientation because they are thoroughly addressed by every NASBLA-approved course. However, they are sometimes cited as reference.

The Hawaii Revised Statutes

The Hawaii Revised Statutes (HRS) empower the Department of Land and Natural Resources (DLNR, department) to create rules governing vessel operation on our waters, etc.

     [§200-24] Rules. The department shall adopt rules pursuant to chapter 91 to implement the policy and purpose of this part, and to classify vessels into appropriate categories and classes.

          The department shall adopt rules pursuant to chapter 91 with respect to the following:

          (1) The registration and numbering of vessels;
          (2) The operation, use, and equipment of vessels on or in the waters of the State;
          (3) The conduct of persons involved in boating accidents and in the reporting of accidents and other casualties and losses to the department; and
          (4) The designation of areas of the waters of the State and time periods during which thrill craft may be operated, and waters on or above which, and time periods during which, persons may engage in parasailing, commercial high speed boating, and water sledding; provided that in designating the areas, the department shall use the official recommendation of the National Marine Fisheries Service with regard to the protection of protected marine life and habitats in adopting rules to implement this section, except as otherwise provided by law. [L 1991, c 272, pt of §2]

The Hawaii Administrative Rules

The regulations pertaining to thrill craft operation in State waters are contained in Hawaii Administrative Rules (HAR), Title 13, Parts I, II, and III and are accessible at: http://dlnr.hawaii.gov/dobor/rules/

Part 1 covers general vessel operation in State waters and boating facilities. Key passages in Part 2 and Part 3 include the sections on numbering, accident reporting, carriage requirements, rules of the road, diver’s flags, definitions, ocean recreation management areas (ORMAs), accidents and accident reporting, fines and fees, restricted waters, thrill craft operations, and zones.

An overview of PWC operations in the State of Hawaii is provided at the following address: https://dlnr.hawaii.gov/dobor/thrill-craft/

Note: In some instances of this course, “§200” refers to the Hawaii Revised Statutes, and the phrase “section 13” refers to the Hawaii Administrative Rules, Chapter 13.