Hawaii State Specific Information

Definitions:

Personal Watercraft (PWC)

Any motorized vessel that falls into the category of personal watercraft and which is generally less than thirteen feet in length as manufactured, and capable of exceeding a speed of twenty miles per hour. It can be operated by a single operator, but may have the capacity to carry passengers while in operation.

DNLR

Hawaii Department of Land and Natural Resources is responsible for regulating the state boating laws in Hawaii.

DOBOR

Division of Boating and Ocean Recreation, a division of the Department of Land and Natural Resources, which registers all undocumented vessels in Hawaii, manages small boat harbors, ramps and anchorages throughout the State and conducts the State's boating safety program.

DOCARE

Division of Conservation and Resources Enforcement, a division of the Department of Land and Natural Resources, responsible for enforcing boating and ocean recreation laws in Hawaii's State waters.

PWC Regulations

1. No person under fifteen years of age shall operate a PWC. No person shall permit, or mislead another person into permitting, a person under fifteen years of age to operate a PWC. A person must be fifteen years of age to legally operate a PWC without an adult on board.

2. No person shall operate a PWC within a marine life conservation district or marine natural area reserve.

3. All PWC operators and passengers shall be required to wear a personal flotation device.

4. If a PWC is equipped with an engine cut-off lanyard, it should be attached to the operator at all times.

5. According to USCG regulations, it is against the law to jump the wake of another vessel on a PWC.

Equipment Requirements

Lifejackets

Lifejackets are the rule while aboard a PWC!

Life jackets must always be worn while piloting a PWC to provide "lifesaving flotation" in the event of an emergency. A life jacket can provide the correct personal flotation and performance when needed. The following is a recommended checklist to ensure the effectiveness of your lifejackets.

1. Check the Fit: Adjust each life jacket for the intended wearer so it fits snugly. This prevents the device from riding up and supplies better buoyancy.

2. Check Flotation Characteristics: Depending on the care and use of the life jacket, there is the potential for buoyancy loss. Each life jacket should be checked periodically to be sure that it can still provide adequate flotation for the wearer. This can be done by putting on the device, adjusting it snugly and walking into water until it supports the wearer.

3. Check Out the Materials: Give each buckle and strap a strong tug. Pull hard on the life jacket's seams to make sure they are intact. Pull the fabric to make sure it does not tear. If it doesn't tear, the fabric is probably strong enough to resist rips and tears in an emergency situation. Non-foam life jackets should be checked for holes. Squeeze each panel to determine if there is a leak or hole. Water will enter into the life jacket and cause user, and it, to sink. A life jacket must be in serviceable condition to work properly.

The use, care and maintenance of a life jacket is as important as any other aspect of boating. Proper maintenance of your life jacket includes:

1. Keeping it out of the sun when not in use;

2. Keeping it away from gasoline and oil;

3. Not using it as a seat cushion;

4. Not using it as a fender.

Whenever the boat is underway, properly sized PFD's must be worn by children 12 years of age and under. It is essential for parents or guardians to familiarize their child with how a life jacket works on his/her particular body. Children panic when they fall into the water suddenly. This causes them to move their arms and legs violently, making it hard to float safety in a life jacket. A life jacket will keep a child afloat, but may not keep a struggling child face-up.

Vessel Requirements

All boats that are propelled or controlled by machinery, sails, oars, paddles or poles must have a personal flotation device for everyone on board the vessel, fire extinguisher, navigational lights, sound producing devices, ventilation, backfire flame control, and distress signals, as required by U.S. Coast Guard regulations. A vessel propelled by an internal combustion engine shall be equipped with an efficient exhaust muffler, underwater exhaust or other modern device in good working order and in constant operation capable of adequately muffling the sound of the engine exhaust.

(There are some exceptions to this rule, i.e. canoe paddlers in competition are not required to wear PFDs.)

All vessels operating on Hawaii waters must be kept in good repair, well maintained, neat and orderly so as not to constitute a public nuisance or danger to people or property. If there is some question, vessels may be required to produce a satisfactory inspection report issued by a marine surveyor on the Department of Land and Natural Resources' list of approved marine surveyors. Inspection is validated through DLNR/DOBOR.

Effective January 1, 2004, all vessels more than 1 mile offshore must have an Emergency Position Indicating Radio Beacon (EPIRB) or VHF radio on board.

Beginning January 1, 2007, older Emergency Positioning Indication Radio Beacons (EPIRBS) operating at 121.5 MHz and 243 MHz frequencies were prohibited from use by the U.S. Coast Guard. DLNR/DOBOR advises all mariners to transition to 406 MHz digital EPIRBs as suggested by the USCG.

All vessels with a marine sanitation device shall comply with applicable federal regulations. All vessels with propulsion machinery are required to have the capacity to retain oily mixtures on board.

Launching Your PWC and Use of Public Facilities

Use of any harbor facility, including boat launching ramps, requires a use permit. There are two types of use permits. The first type is for use of small boat harbors or boat launch ramps and associated facilities for commercial activities. The second type is for the general recreational use of a small boat harbor and/or facilities. Examples of general recreational use are: mooring at a small boat harbor; staying aboard (not to exceed 30 days at one harbor per permit) in a small boat harbor; use of a vessel as a vacation site while in a small boat harbor; use of a vessel as principal habitation while in a small boat harbor; or storing vessels or other items on land at a small boat harbor. Application is made to DLNR/DOBOR and fees vary depending on the activity. Ramp decals issued by DOBOR are only for use by trailered vessels.

Hawaii requires that an application be completed along with proof of vessel ownership, vessel dimensions, proof of registration or documentation, Coast Guard certification on passenger capacity, Master's License, State General Excise License and proof of insurance. Fees and charges are assessed for all harbor facilities and boat launch ramp usage depending upon the specific use permits held. Fees and charges may vary. Contact DLNR/DOBOR for current mooring rates and fees. In Hawaii, a change of vessel ownership must be completed by the new owner within 7 days of the transaction through DLNR/DOBOR.

Designated Ocean Recreation Management Areas (ORMA's)

ORMAs are established to (1) provide for increased public access; (2) reduce user conflicts; (3) promote overall public safety; and (4) avoid possible adverse impacts on humpback whales or other protected marine life. The designated areas also are established to control certain commercial activities to specifically designated locations and time periods as well as place limits on equipment types. Both recreational and commercial vessels may use designated areas when the permitted activity is not taking place and may cross the area at all times with caution. There are specifically designated zones assigned to qualified permits within each ORMA. For example, commercial personal watercraft (PWCs) may only operate in a specifically assigned location with not more than six craft in an area measuring 400 feet in diameter.

Maps illustrating Hawaii's most important boundaries for zoned commercial and non-commercial ocean recreation activity are available at Hawaii DOBOR offices. These zones are an important consideration when planning ocean recreation activities in Hawaii's coastal waters.

There are numerous historical, cultural, and customary practices in Hawaii's ocean waters. It is the boater's responsibility to know where these areas are and the types of use, if any, that are permitted. For more information, contact the Hawaii DOBOR offices.

Non-Designated Ocean Recreation Management Areas

In these areas off the islands of Kauai, Oahu, Maui, and Hawaii, recreational (i.e. non-commercial) PWCs may operate in Hawaii waters only from 500 feet from the shoreline (or outer edge of a fringing reef) to two miles off shore. Commercial or recreational use of controlled ocean sports equipment is prohibited around the islands of Lanai and Molokai. Similar rules are pending for Kahoolawe. There are no ingress/egress corridors established in non-designated Ocean Recreation Management Areas. Thus, motorized commercial vessels may not land and/or pick up passengers in these locations.

Environmental Considerations

Measures that prevent spills of oil, plastics, garbage or dunnage are required. Littering or polluting water in any way is detrimental to public health and welfare, as well as to the environment, and is strictly prohibited. Dumping of any flammable material into the waters of a small boat harbor or designated offshore mooring area is prohibited. Also, any vessel equipped with an inboard motor and moored in a small boat harbor or designated offshore mooring area shall maintain an oil-absorbent pad in the bilge to separate petroleum products from bilge water. This requirement is included as an inspection item to obtain an initial or annual regular mooring permit. If a vessel discharges oil or other hazardous substances into the water, boaters must immediately notify the U.S. Coast Guard toll-free 1-800-424-8802 or locally (808) 541-2068.

Rules of the Road

The speed on all waters of Hawaii is limited to a "slow-no wake" speed within 200 feet of any shoreline, float, dock, launch ramp, congested beach, swimmer, diver's flag, or anchored, moored or drifting vessel; and to a reasonable rate elsewhere.

All motorboats shall observe the following rules while a water-skier is in tow: (1) two competent and sober persons are required on board, one to operate the boat and one to observe the person/s in tow; (2) no motorboat shall tow a person on water-skis during the period from sunset to sunrise; (3) care must be taken at all times; (4) a towing motorboat must be equipped with a ladder; steps or similar means to exit the water and a lifesaving device; (5) no person under the influence of alcohol or any drug shall be towed on water-skis; and (6) the motorboat operator shall be aware and knowledgeable of hand signals used in water-skiing activities as well as be a licensed captain. All motorboats having in tow, or otherwise assisting a person on water-skis shall be operated in a careful and prudent manner and in compliance with general water- skiing rules.

Personal watercraft (PWC) operations shall be curtailed in certain designated areas as necessary, to avoid possible adverse impacts on humpback whales or other protected marine life. From December 15th to May 15th it is it illegal to operate a PWC in Humpback Whale protected waters.

All recreational personal watercraft operators shall be required to possess, and make available upon demand of enforcement personnel, a certificate of completion from an accredited institution of higher education on the safe use and operation of a PWC. Hawaii recognizes reciprocity with other states, i.e., the National Association of State Boating Law Administrators (NASBLA) approved portion of the personal watercraft course.

PWCSafetySchool.com is a NASBLA approved boating course.

All operators shall be required to complete the portions of a certificate course for Hawaii that includes, but is not limited to: (1) Local ocean safety principles and practices; (2) The historical, cultural, and customary practices of Hawaii's ocean users; and (3) Any rules or laws pertaining to protected species and PWC operation in Hawaii.

Weekly Local Notices to Mariners (LNM) provide information about local precautions boaters must take to avoid military exercises around Hawaii waters. It also gives boaters important information on the status of buoys, lights and harbors. New rules are also posted in LNMs.

Improper operation around naval/military vessels or approaching commercial vessels, like cruise ships, will result in an immediate boarding by the US Coast Guard. Punishment for improper activities can be as severe as a $250,000 fine and 6 years in prison.

1. U.S. Coast Guard rules state that you cannot approach within 100 yards of any Navy vessel.

2. Boaters must be at a NO WAKE speed within 500 yards of any naval vessel.

The following are recommended for all boaters:

1. Subscribe to the U.S. Coast Guard Local Notices to Mariners, and update nautical charts and related information weekly. Safe navigation is not an accident.

2. Monitor weather conditions. Use a NOAA weather radio, an inexpensive receiver that can provide instant access to weather forecasts and emergency weather information.

3. Recreational boaters should take courses in chart use, seamanship and navigation. Contact the United State Power Squadrons and the United States Coast Guard Auxiliary to enroll.

4. Smaller boats should avoid using deep-draft channels which are the only places large ships can travel. Small recreational boats in front of a ship's bow are often not visible from the ship's bridge. Be aware and considerate of large commercial vessels.

After 9/11 the Department of Homeland Security and the US Coast Guard established nine Hawaiian Port Security Zones. These are restricted entry areas. Boaters can pass through them if they call and get permission first. Call the Captain of the Port (COPT) on marine VHF channel 16 or by phone at 808-541-2477. Persons entering the zone without authorization may be subject to a penalty of up to $25,000 for each violation and imprisonment of up to 10 years. Boaters can also acquire information at the DOBOR main office at 333 Queen Street, Suite 300 in downtown Honolulu. For more information, contact the US Coast Guard at 808-541-2477, or the DOBOR office at 808-587-1966.

Tow-In Surfing

1. The State of Hawaii assumes no responsibility or liability associated with tow-in surfing.

2. Only personal watercraft (PWC) may be used for tow-in surfing.

3. All PWC being used for tow-in surfing shall be recorded with the department using forms provided by the department.

4. Tow-in surfing decals shall be provided at the time the vessel is recorded with the department and shall be required to be prominently displayed on the front half of the vessel.

5. PWCs not recorded with the department for tow-in surfing are prohibited from displaying a tow-in surfing decal.

6. Both the PWC operator and surfer, who engage in, or operate a PWC for tow-in surfing, shall be required to possess, and make available upon demand of enforcement personnel, a certificate of completion from an accredited institution of higher education in Hawaii on the safe use and operation of a PWC in high surf that includes but is not limited to:

1. Local ocean safety principles and practices;

2. Hawaii Administrative Rules as they apply to boating;

3. The numerous historical, cultural, and customary practices in Hawaii's ocean waters; and

4. Any rules or laws pertaining to protected species and thrill craft operation in Hawaii.

Note: PWCSafetySchool.com does not meet the tow-in certification requirement.

7. When operating a PWC for tow-in surfing, all operators shall:

1. Carry on board a two-way communicating device;

2. Tow-in a maximum of one person at any one time;

3. Carry dive fins and a safety knife on their person; and

4. Yield right of way to all other boating or ocean recreation activities by leaving the same surfing break area and remaining a minimum of one thousand feet from the other activities.

8. Within designated ocean recreation management areas, PWC used for tow-in surfing may enter the ocean recreation management area to gain access to and from a surfing site and for board and personnel recovery, rescue, and emergency purposes only in areas designated specifically for this activity.

9. Unless otherwise provided by rule, towing surfers into waves within a designated ocean recreation management area shall be prohibited.

10. Tow-in surfing may only be conducted for the period during a high surf warning in the specific region for which declared by the National Weather Service.

11. Surfers engaged in tow-in surfing shall not be required to wear a life-saving device.

12. PWC used for tow-in surfing may gain access to Hawaii waters from boat ramps, harbor facilities or from private beach front property and access the designated tow-in surfing area by the most direct route consistent with safety considerations.

13. In addition to equipment required by the U.S. Coast Guard for vessels, all PWCs used for tow-in surfing shall be equipped with the following:

1. A rescue sled that is a minimum of three feet wide, four feet long and three inches thick. The sled shall have a minimum of five hand-grip handles, two of which shall be on the port side, two on the starboard side and one at the bow of the sled. The sled shall not exceed the thrill craft load capacity recommended by the manufacturer;

2. A quick-release tow-rope a minimum of thirty-feet long; and

3. A bow tow-line a minimum of six feet long.

14. PWC used for tow-in surfing may be in proximity of the shoreline and tow-in surfers and travel at a speed greater than slow-no-wake when accessing the ocean or shoreline or when retrieving a surfboard or surfer.

15. The PWC shall be operated at all times with due care for the rights and safety of people and property and the operator shall abide by any state or federal laws as they pertain to protected species.

16. All participants in tow-in surfing special events shall be required to possess a certificate of completion as stated above.

17. Operators of a PWC used for filming tow-in surfing shall possess a certificate of completion as required by law.

All organized (sponsored) events using Hawaii ocean waters require a permit. Application at least 30 days prior to the event is necessary. On Oahu, application is made to the DLNR/DOBOR, Oahu District Office; for all other islands, applications are made to Boating District Managers. Visit www.hawaii.gov/dlnr/dbor/borfacilities.htm for contact information. Additional permits from other State or County agencies are required for shore-based support facilities.

Diver Down

Diving and snorkeling are very popular Hawaiian tourist attractions. More and more people are using their PWCs as dive platforms. A red flag with a diagonal white stripe running from the upper left corner to the lower right must be displayed when an underwater swimmer or diver is in the immediate area. The Coast Guard Navigation Rules require displaying the blue and white international Code Flag "A" when divers restrict the ability of the vessel to maneuver.

All vessels shall be prohibited from approaching within one-hundred feet of a displayed diver's flag or within fifty feet of a displayed diver's flag on navigable streams, except within marked navigation channels. Vessels approaching a displayed diver's flag to conduct SCUBA, snorkeling, or free diving activities within the one-hundred foot or fifty-foot restricted area shall be allowed to do so provided that the vessel approaches at a speed of slow-no-wake.

It is also very important for all boaters to use caution when approaching another vessel displaying a dive flag. There is no subsurface distance restriction from a dive flag, however, except in cases of emergencies, free divers or SCUBA divers shall be prohibited from surfacing more than one hundred feet away from the diver's flag in the ocean waters of the State and fifty feet in navigable streams.

Hypothermia

Even in Hawaii's ocean waters the threat of hypothermia exists. Hypothermia is the condition in which the body loses heat faster than it is producing it.

1. In the primary stages, the victim may even refuse to acknowledge there is a problem;

2. Progression begins with a natural sense of cold accompanied by shivering;

3. A feeling of numbness then occurs while shivering increases to where it's soon uncontrollable. Speech is garbled or incoherent, and the thought process slows. Body movements are erratic, and uncovered skin swells and appears blue;

4. If the victim or members of his/her group do not spot the problem soon, unconsciousness will take place, followed by the possibly fatal lowering of the body core temperature.

Here are some simple tips which could help you avoid this condition:

1. If possible, re-board your craft, even if it's filled with water or capsized. The more of your body you can get out of the water, the better off you are, since water takes heat from the body many times faster than air at the same temperature.

2. Don't take off your clothing unless it's absolutely necessary, since it helps trap body heat like a diver's wet suit.

3. Don't move any more than necessary. Swimming, treading water or survival floating uses up valuable energy and increases the heat loss from your body. Movement in the water can cause heat to be lost over 30% faster than if one were to remain motionless.

4. Wear a Personal Floatation Device (PFD)! A PFD increases survival time in cold water for two reasons: it decreases the movement necessary to stay afloat and it helps to insulate against heat loss. When the body core temperature drops to about 87 degrees, the average person will lose consciousness. If the victim is not wearing a proper flotation device, drowning is likely.

Basic treatment for hypothermia requires that the body's core temperature be raised to a normal level, aided by outside sources of heat. Some recommended suggestions include:

1. Get dry clothes on the victim then huddle together;

2. The use of fire, alone, or with either of the aforementioned techniques;

3. Administer warm, nonalcoholic drinks;

4. The warm breath of rescuers (or steam) can be used via the victim's inhalation.

5. Keep victim lying down and quiet.

Keep someone with the victim until he/she is properly re-warmed, he/she can be moved for treatment by the nearest doctor.

PWC Insurance

It is the sole responsibility of the operator to determine what type and how much insurance he will require for operation; however, minimum Hawaii requirements must be met. Policies are issued by independent insurance companies authorized to do business in the State of Hawaii.

Alcohol and Boating

In Hawaii, 0.08% is the legal blood alcohol limit used to determine if the operator was Boating Under the Influence (BUI) of Intoxicants. By operating a boat in Hawaii, boaters have consented to a sobriety of test if directed. Officers of the Hawaii Department of Land and Natural Resources, state police, and county sheriffs have the authority to stop and inspect vessels for safety violations including, but not limited to, BUIs.

Accident Reports

All vessels must report casualties (from capsizing, grounding, falls overboard or on board, or other injuries incurred while aboard a vessel) to the Coast Guard, per federal regulations applicable to the vessel. Vessel casualties must be reported to the Coast Guard as soon as possible after the occurrence. Contact the U.S. Coast Guard Marine Safety Office at (808) 541-2070. For neighboring islands, contact a police officer or the Division of Boating and Ocean Recreation District Office or U.S. Coast Guard Unit.

1. In Hawaii, boat operators are required to give assistance to any person injured in the accident so long as it does not put them or their passengers in danger.

2. A boater involved in an accident must submit a written accident report if damage to property exceeds $200.

Registration

All boats operating in Hawaii waters must be registered annually except: a recreational vessel holding a valid U.S. Coast Guard marine document; a U.S. Government owned vessel; a vessel's lifeboat used solely for lifesaving purposes; a manually propelled recreational vessel; a recreational vessel eight feet or less in length propelled solely by sail; or motorboats used exclusively for racing. Every new or previously registered commercial or recreational vessel on Hawaii waters is required to be registered or documented with either the Hawaii Department of Land and Natural Resources, Division of Boating and Ocean Recreation (DLNR/DOBOR) or the U.S. Coast Guard. It is the responsibility of the owner to register a newly acquired vessel within 7 days of purchase.

As part of Hawaii's registration process, a certificate number will be issued to the vessel for either commercial or recreational use. This number must be at least three inches in height, painted or permanently attached to each side of the forward half of the vessel and be of a contrasting color to the boat color. The annual validation decals must be affixed within six inches astern of the registration number. A boat's certificate of number must be renewed annually (once a year). Boat operators are required by law to carry the certificate of number on board.