HOUSE OF REPRESENTATIVES

H.B. NO.

2588

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

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 within [seventy-two] twenty-four hours in a manner that is reasonably safe, as determined by the department[.]; provided that the owner of the vessel may remain as the primary agent for salvaging the vessel after the first twenty-four hours of the vessel's grounding if:

         (A)  The owner provides proof of having a marine insurance policy listing the State of Hawaii as an additional insured with coverage in an amount of at least $1,000,000; and

         (B)  The owner produces evidence showing that salvage efforts are already underway and that the vessel can be saved within a reasonable amount of time as approved by the department.

Once the department assumes control over the vessel, the vessel shall be removed by conventional salvage methods 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."

     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  Statutory material to be repealed is bracketed and stricken.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.


 


 

Report Title:

Grounded Vessels

 

Description:

Authorizes the Department of Land and Natural Resources to assume control of and remove a vessel grounded on a coral reef or in imminent danger of breaking up if the vessel cannot be removed by the owner within 24 hours of the grounding.  Allows the vessel's owner to remain in control of removing a vessel if the owner provides proof of a marine insurance policy listing the State as an additional insured and produces evidence showing that salvage efforts are already underway and that the vessel can be saved within a reasonable amount of time.  (HB2588 HD1)

 

 

 

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