SB 2818: Boating and Ocean Recreation; Penalties
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-04-29
Current Status:
Passed
(2026-05-28: Act 058, on 05/28/2026 (Gov. Msg. No. 1158).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill clarifies that many boating and small‑boat harbor violations—such as failing to report accidents, not displaying a diver's flag, breaking speed or lifejacket rules, reckless or unlicensed operation, unauthorized mooring or commercial activity, camping or entering restricted areas, boating while intoxicated, falsifying vessel documents, and abandoning animals—are petty misdemeanors (minor criminal offenses) for boaters, harbor users, and commercial operators. Those offenses could be punished by up to a $1,000 fine, up to 30 days in jail, or both.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Clarifies the violations that constitute unauthorized conduct. (CD1)
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Clarifies the violations that constitute unauthorized conduct. Effective 7/1/3000. (HD2)
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Clarifies the violations that constitute unauthorized conduct. Effective 7/1/3000. (HD1)
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Clarifies the violations that constitute unauthorized conduct. Effective 7/1/2050. (SD2)
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Effective 7/1/2050. (SD1)
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS.
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THE SENATE |
S.B. NO. |
2818 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO BOATING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that small boat harbors and boating facilities are some of the most heavily used facilities in the State, for commercial and non-commercial use and by residents and tourists alike. The division of conservation and resources enforcement of the department of land and natural resources is responsible for enforcing all statutes and administrative rules under the department's jurisdiction but spends a large part of its time responding to violations in small boat harbors and boating facilities.
The legislature also finds that enforcement efforts at small boat harbors and boating facilities are necessary to ensure public health and safety and to prevent vandalism, theft, trespassing, and squatting. The legislature believes that stricter penalties are needed to deter violators and repeat offenders.
Accordingly, the purpose of this Act is to clarify penalties for violations of boating and ocean recreation laws.
SECTION 2. Section 200-14, Hawaii Revised Statutes, is amended to read as follows:
"§200-14
Violation
of chapter or rules; penalty. (a)
Any person who violates any provision in this chapter, or any
rule adopted by the department, relating to [boating accidents, reckless or
unauthorized operation of a vessel, unauthorized mooring of a vessel,
unauthorized commercial activity, unauthorized camping within state small boat
harbors or boating facilities, animal abandonment within state small boat harbors
or boating facilities, or creation of animal colonies within state small boat
harbors or boating facilities shall be guilty of a petty misdemeanor and shall
be fined not more than $1,000.] the following shall be guilty of a petty
misdemeanor and shall be fined not more than $1,000, imprisoned for not more
than thirty days, or both:
(1) Boating accidents and boating accident reporting requirements;
(2) Diver's flag display requirements;
(3) Thrill craft or vessel speed restrictions;
(4) Personal flotation device requirements;
(5) Reckless or careless operation of a thrill craft or vessel;
(6) Operating a thrill craft or vessel without valid mandatory safety education;
(7) Operating a thrill craft or vessel without insurance coverage required by section 200-13.5;
(8) Unauthorized mooring, anchoring, or storage of a thrill craft or vessel;
(9) Unauthorized operation or control of a thrill craft or vessel;
(10) Unauthorized commercial activity within state small boat harbors, boating facilities, or waters of the State;
(11) Unauthorized camping within state small boat harbors or boating facilities;
(12) Unauthorized access to restricted areas within state small boat harbors or boating facilities;
(13) Serving, sale, consumption, or possession of intoxicating liquor within state small boat harbors or boating facilities, except where permitted by law or rule;
(14) Operating a thrill craft or vessel under the influence of an intoxicant, as defined in section 291E-1;
(15) Falsifying a permit, vessel title, or vessel registration issued under this chapter, chapter 200A, or any rules adopted thereunder, with intent to avoid compliance, or conceal or misrepresent the identity of a permittee, vessel, or owner; or
(16) Animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities.
(b) Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained in chapter 291D. A person found to have committed a traffic infraction shall be fined not more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation.
(c) As a condition of probation pursuant to sections 706‑623 and 706-624, or as a condition to the suspension of any criminal penalties, the environmental court may provide that the defendant refrain, for a period not to exceed twelve months, from operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in specified geographical areas of the waters of the State.
(d) For the purposes of subsections (a)(8) through (13), conduct shall only be considered unauthorized when that conduct is prohibited or conditioned by:
(1) Statute;
(2) A rule adopted by the department;
(3) A permit, lease, revocable permit, or written authorization issued by the department; or
(4) A posted restriction or written order of the department that provides reasonable notice of the prohibited conduct.
[(d)] (e) For the purposes of this section[,
"operate", "parasailing", "thrill craft",
"vessel", "water sledding", and "waters of the
State" have the same meaning as those terms are
defined in section 200-23.]:
"Operate" has the same meaning as defined in section 200‑23.
"Parasailing" has the same meaning as defined in section 200-23.
"Restricted area" means an area within a state small boat harbor or boating facility that is designated as restricted by the department by rule or written order, and that is reasonably identified to the public by signage or physical markings at points of entry, except when temporary restriction is required for emergency operations or imminent public safety hazards.
"Thrill craft" has the same meaning as defined in section 200-23.
"Vessel" has the same meaning as defined in section 200-23.
"Water sledding" has the same meaning as defined in section 200-23.
"Waters of the State" has the same meaning as defined in section 200-23."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2026.
Report Title:
Boating and Ocean Recreation; Penalties
Description:
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Clarifies the violations that constitute unauthorized conduct. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
2818 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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|
STATE OF HAWAII |
H.D. 2 |
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|
|
|
|
|
|
||
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A BILL FOR AN ACT
RELATING TO BOATING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that small boat harbors and boating facilities are some of the most heavily used facilities in the State, for commercial and non-commercial use and by residents and tourists alike. The division of conservation and resources enforcement of the department of land and natural resources is responsible for enforcing all statutes and administrative rules under the department's jurisdiction but spends a large part of its time responding to violations in small boat harbors and boating facilities.
The legislature also finds that enforcement efforts at small boat harbors and boating facilities are necessary to ensure public health and safety and to prevent vandalism, theft, trespassing, and squatting. The legislature believes that stricter penalties are needed to deter violators and repeat offenders.
Accordingly, the purpose of this Act is to clarify penalties for violations of boating and ocean recreation laws.
SECTION 2. Section 200-14, Hawaii Revised Statutes, is amended to read as follows:
"§200-14
Violation
of chapter or rules; penalty. (a)
Any person who violates any provision in this chapter, or any
rule adopted by the department, relating to [boating accidents, reckless or
unauthorized operation of a vessel, unauthorized mooring of a vessel,
unauthorized commercial activity, unauthorized camping within state small boat
harbors or boating facilities, animal abandonment within state small boat harbors
or boating facilities, or creation of animal colonies within state small boat
harbors or boating facilities shall be guilty of a petty misdemeanor and shall
be fined not more than $1,000.] the following shall be guilty of a petty
misdemeanor and shall be fined no more than $1,000, imprisoned for no more than
thirty days, or both:
(1) Boating accidents and boating accident reporting requirements;
(2) Diver's flag display requirements;
(3) Thrill craft or vessel speed restrictions;
(4) Personal flotation device requirements;
(5) Reckless or careless operation of a thrill craft or vessel;
(6) Operating a thrill craft or vessel without valid mandatory safety education;
(7) Operating a thrill craft or vessel without insurance coverage required by section 200-13.5;
(8) Unauthorized mooring, anchoring, or storage of a thrill craft or vessel;
(9) Unauthorized operation or control of a thrill craft or vessel;
(10) Unauthorized commercial activity within state small boat harbors, boating facilities, or waters of the State;
(11) Unauthorized camping within state small boat harbors or boating facilities;
(12) Unauthorized access to restricted areas within state small boat harbors or boating facilities;
(13) Serving, sale, consumption, or possession of intoxicating liquor within state small boat harbors or boating facilities, except where permitted by law or rule;
(14) Operating a thrill craft or vessel under the influence of an intoxicant, as defined in section 291E-1;
(15) Falsifying a permit, vessel title, or vessel registration issued under this chapter, chapter 200A, or any rules adopted thereunder, with intent to avoid compliance, or conceal or misrepresent the identity of a permittee, vessel, or owner; or
(16) Animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities.
(b)
Any person who violates any rule adopted by the department under this
part regulating vehicular parking or traffic movement shall have committed a
traffic infraction as set forth in chapter 291D, the adjudication of which
shall be subject to the provisions contained in chapter 291D. A person found to have committed a traffic
infraction shall be fined [not] no more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation.
(c) As a condition of probation pursuant to sections 706-623 and 706-624, or as a condition to the suspension of any criminal penalties, the environmental court may provide that the defendant refrain, for a period not to exceed twelve months, from operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in specified geographical areas of the waters of the State.
(d) For the purposes of subsections (a)(8) through (13), conduct shall only be considered unauthorized when that conduct is prohibited or conditioned by:
(1) Statute;
(2) A rule adopted by the department;
(3) A permit, lease, revocable permit, or written authorization issued by the department; or
(4) A posted restriction or written order of the department that provides reasonable notice of the prohibited conduct.
[(d)] (e) For the purposes of this section[,
"operate", "parasailing", "thrill craft",
"vessel", "water sledding", and "waters of the
State" have the same meaning as those terms are
defined in section 200-23.]:
"Operate" has the same meaning as in section 200-23.
"Parasailing" has the same meaning as in section 200-23.
"Restricted area" means an area within a state small boat harbor or boating facility that is designated as restricted by the department by rule or written order, and that is reasonably identified to the public by signage or physical markings at points of entry, except when temporary restriction is required for emergency operations or imminent public safety hazards.
"Thrill craft" has the same meaning as in section 200-23.
"Vessel" has the same meaning as in section 200-23.
"Water sledding" has the same meaning as in section 200-23.
"Waters of the State" has the same meaning as in section 200-23."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Boating and Ocean Recreation; Penalties
Description:
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Clarifies the violations that constitute unauthorized conduct. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2818 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO BOATING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that small boat harbors and boating facilities are some of the most heavily used facilities in the State, for commercial and non-commercial use and by residents and tourists alike. The division of conservation and resources enforcement of the department of land and natural resources is responsible for enforcing all statutes and administrative rules under the department's jurisdiction but spends a large part of its time responding to violations in small boat harbors and boating facilities.
The legislature also finds that enforcement efforts at small boat harbors and boating facilities are necessary to ensure public health and safety and to prevent vandalism, theft, trespassing, and squatting. The legislature believes that stricter penalties are needed to deter violators and repeat offenders.
Accordingly, the purpose of this Act is to clarify penalties for violations of boating and ocean recreation laws.
SECTION 2. Section 200-14, Hawaii Revised Statutes, is amended to read as follows:
"§200-14
Violation
of chapter or rules; penalty. (a)
Any person who violates any provision in this chapter, or any
rule adopted by the department, relating to [boating accidents, reckless or
unauthorized operation of a vessel, unauthorized mooring of a vessel,
unauthorized commercial activity, unauthorized camping within state small boat
harbors or boating facilities, animal abandonment within state small boat harbors
or boating facilities, or creation of animal colonies within state small boat
harbors or boating facilities shall be guilty of a petty misdemeanor and shall
be fined not more than $1,000.] the following shall be guilty of a petty
misdemeanor and shall be fined not more than $1,000, imprisoned for not more
than thirty days, or both:
(1) Boating accidents and boating accident reporting requirements;
(2) Diver's flag display requirements;
(3) Vessel or thrill craft speed restrictions;
(4) Personal flotation device requirements;
(5) Reckless or careless operation of a vessel or thrill craft;
(6) Operating a vessel or thrill craft without valid mandatory safety education;
(7) Operating a vessel or thrill craft without insurance coverage required by section 200-13.5;
(8) Unauthorized mooring, anchoring, or storage of a vessel or thrill craft;
(9) Unauthorized operation or control of a vessel or thrill craft;
(10) Unauthorized commercial activity within state small boat harbors, boating facilities, or waters of the State;
(11) Unauthorized camping within state small boat harbors or boating facilities;
(12) Unauthorized access to restricted areas within state small boat harbors or boating facilities;
(13) Serving, sale, consumption, or possession of intoxicating liquor within state small boat harbors or boating facilities, except where permitted by law or rule;
(14) Operating a vessel or thrill craft under the influence of an intoxicant, as defined in section 291E-1;
(15) Falsifying a permit, vessel title, or vessel registration issued under this chapter, chapter 200A, or any rules adopted thereunder, with intent to avoid compliance, or conceal or misrepresent the identity of a permittee, vessel, or owner; or
(16) Animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities.
(b) Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained in chapter 291D. A person found to have committed a traffic infraction shall be fined not more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation.
(c)
As a condition of probation pursuant to sections 706-623 and 706-624, or
as a condition to the suspension of any criminal penalties, the environmental
court may provide that the defendant refrain from operating any vessel,
including but not limited to any thrill craft or vessel engaged in parasailing
or water sledding, in specified geographical areas of the waters of the State[.]
for a period not to exceed twelve months.
(d) For the purposes of subsection (a)(8) through (a)(13), conduct shall only be considered unauthorized when that conduct is prohibited or conditioned by:
(1) Statute;
(2) A rule adopted by the department;
(3) A permit, lease, revocable permit, or written authorization issued by the department; or
(4) A posted restriction or written order of the department that provides reasonable notice of the prohibited conduct.
[(d)] (e) For the purposes of this section[,
"operate", "parasailing", "thrill craft",
"vessel", "water sledding", and "waters of the
State" have the same meaning as those terms are
defined in section 200-23.]:
"Operate" has the same meaning as in section 200-23.
"Parasailing" has the same meaning as in section 200-23.
"Restricted area" means an area within a state small boat harbor or boating facility that is designated as restricted by the department by rule or written order, and that is reasonably identified to the public by signage or physical markings at points of entry, except when temporary restriction is required for emergency operations or imminent public safety hazards.
"Thrill craft" has the same meaning as in section 200-23.
"Vessel" has the same meaning as in section 200-23.
"Water sledding" has the same meaning as in section 200-23.
"Waters of the State" has the same meaning as in section 200-23."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Boating and Ocean Recreation; Penalties
Description:
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Clarifies the violations that constitute unauthorized conduct. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2818 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO BOATING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that small boat harbors and boating facilities are some of the most heavily utilized facilities in the State, for commercial and non-commercial use and by residents and tourists alike. The division of conservation and resources enforcement of the department of land and natural resources is responsible for enforcing all statutes and administrative rules under the department's jurisdiction but spends a large part of its time responding to violations in small boat harbors and boating facilities.
The legislature also finds that enforcement efforts at small boat harbors and boating facilities are necessary to ensure public health and safety and to prevent vandalism, theft, trespassing, and squatting. The legislature believes that stricter penalties are needed to deter violators and repeat offenders.
Accordingly, the purpose of this Act is to clarify penalties for violations of boating and ocean recreation laws.
SECTION 2. Section 200-14, Hawaii Revised Statutes, is amended to read as follows:
"§200-14
Violation
of chapter or rules; penalty. (a)
Any person who violates any provision in this chapter, or any
rule adopted by the department, relating to [boating accidents, reckless or
unauthorized operation of a vessel, unauthorized mooring of a vessel,
unauthorized commercial activity, unauthorized camping within state small boat
harbors or boating facilities, animal abandonment within state small boat harbors
or boating facilities, or creation of animal colonies within state small boat
harbors or boating facilities shall be guilty of a petty misdemeanor and shall
be fined not more than $1,000.] the following shall be guilty of a petty
misdemeanor and shall be fined not more than $1,000, imprisoned for not more
than thirty days, or both:
(1) Boating accidents and boating accident reporting requirements;
(2) Diver's flag display requirements;
(3) Vessel or thrill craft speed restrictions;
(4) Personal flotation device requirements;
(5) Reckless or careless operation of a vessel or thrill craft;
(6) Operating a vessel or thrill craft without valid mandatory safety education;
(7) Operating a vessel or thrill craft without insurance coverage required by section 200-13.5;
(8) Unauthorized mooring, anchoring, or storage of a vessel or thrill craft;
(9) Unauthorized operation or control of a vessel or thrill craft;
(10) Unauthorized commercial activity within state small boat harbors, boating facilities, or state ocean waters;
(11) Unauthorized camping within state small boat harbors or boating facilities;
(12) Unauthorized access to restricted areas within state small boat harbors or boating facilities;
(13) Serving, sale, consumption, or possession of intoxicating liquor within state small boat harbors or boating facilities, except where permitted by law or rule;
(14) Operating a vessel or thrill craft under the influence of an intoxicant, as defined in section 291E-1;
(15) Falsifying a permit, vessel title, or vessel registration issued under this chapter, chapter 200A, or any rules adopted thereunder, with intent to avoid compliance, or conceal or misrepresent the identity of a permittee, vessel, or owner; or
(16) Animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities.
(b) Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained in chapter 291D. A person found to have committed a traffic infraction shall be fined not more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation.
(c)
As a condition of probation pursuant to sections 706-623 and 706-624, or
as a condition to the suspension of any criminal penalties, the environmental
court may provide that the defendant refrain from operating any vessel,
including but not limited to any thrill craft or vessel engaged in parasailing
or water sledding, in specified geographical areas of the waters of the State[.]
for a period not to exceed twelve months.
(d) For the purposes of subsection (a)(8) through (a)(13), conduct shall only be considered unauthorized when that conduct is prohibited or conditioned by:
(1) Statute;
(2) A rule adopted by the department;
(3) A permit, lease, revocable permit, or written authorization issued by the department; or
(4) A posted restriction or written order of the department that provides reasonable notice of the prohibited conduct.
[(d)] (e) For the purposes of this section[,
"operate", "parasailing", "thrill craft",
"vessel", "water sledding", and "waters of the
State" have the same meaning as those terms are
defined in section 200-23.]:
"Operate" has the same meaning as defined in section 200-23.
"Parasailing" has the same meaning as defined in section 200-23.
"Restricted area" means an area within a state small boat harbor or boating facility that is designated as restricted by the department by rule or written order, and that is reasonably identified to the public by signage or physical markings at points of entry, except when temporary restriction is required for emergency operations or imminent public safety hazards.
"Thrill craft" has the same meaning as defined in section 200-23.
"Vessel" has the same meaning as defined in section 200-23.
"Water sledding" has the same meaning as defined in section 200-23.
"Waters of the State" has the same meaning as defined in section 200-23."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Boating and Ocean Recreation; Penalties
Description:
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Clarifies the violations that constitute unauthorized conduct. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2818 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO BOATING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that small boat harbors and boating facilities are some of the most heavily utilized facilities in the State, for commercial and non-commercial use and by residents and tourists alike. The division of conservation and resources enforcement of the department of land and natural resources is responsible for enforcing all statutes and administrative rules under the department's jurisdiction but spends a large part of its time responding to violations in small boat harbors and boating facilities.
The legislature also finds that enforcement efforts at small boat harbors and boating facilities are necessary to ensure public health and safety and to prevent vandalism, theft, trespassing, and squatting. The legislature believes that stricter penalties are needed to deter violators and repeat offenders.
Accordingly, the purpose of this Act is to clarify penalties for violations of boating and ocean recreation laws.
SECTION 2. Section 200-14, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
Any person who violates any provision in this chapter, or any
rule adopted by the department, relating to [boating accidents, reckless or
unauthorized operation of a vessel, unauthorized mooring of a vessel,
unauthorized commercial activity, unauthorized camping within state small boat
harbors or boating facilities, animal abandonment within state small boat harbors
or boating facilities, or creation of animal colonies within state small boat
harbors or boating facilities shall be guilty of a petty misdemeanor and shall
be fined not more than $1,000.] the following shall be guilty of a petty
misdemeanor and shall be fined not more than $1,000, imprisoned for not more
than thirty days, or both:
(1) Boating accidents and boating accident reporting requirements;
(2) Diver's flag display requirements;
(3) Vessel or thrill craft speed restrictions;
(4) Personal flotation device requirements;
(5) Reckless or careless operation of a vessel or thrill craft;
(6) Operating a vessel or thrill craft without valid mandatory safety education;
(7) Operating a vessel or thrill craft without insurance coverage required by section 200-13.5;
(8) Unauthorized mooring, anchoring, or storage of a vessel or thrill craft;
(9) Unauthorized operation or control of a vessel or thrill craft;
(10) Unauthorized commercial activity within state small boat harbors, boating facilities, or state ocean waters;
(11) Unauthorized camping within state small boat harbors or boating facilities;
(12) Unauthorized access to restricted areas within state small boat harbors or boating facilities;
(13) Serving, sale, consumption, or possession of intoxicating liquor within state small boat harbors or boating facilities, except where permitted by law or rule;
(14) Operating a vessel or thrill craft under the influence of an intoxicant, as defined in section 291E-1;
(15) Falsifying a permit, vessel title, or vessel registration issued under this chapter, chapter 200A, or any rules adopted thereunder, with intent to avoid compliance, or conceal or misrepresent the identity of a permittee, vessel, or owner; or
(16) Animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities."
2. By amending subsection (c) to read:
"(c)
As a condition of probation pursuant to sections 706‑623 and
706-624, or as a condition to the suspension of any criminal penalties, the
environmental court may provide that the defendant refrain from operating any
vessel, including but not limited to any thrill craft or vessel engaged in
parasailing or water sledding, in specified geographical areas of the waters of
the State[.], for a period not to exceed twelve months."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Boating and Ocean Recreation; Penalties
Description:
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
2818 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BOATING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that small boat harbors and boating facilities are some of the most heavily utilized facilities in the State, for both commercial and non-commercial use and by residents and tourists alike. The division of conservation and resources enforcement of the department of land and natural resources is responsible for enforcing all statutes and administrative rules under the department's jurisdiction but spends a large part of its time responding to violations in small boat harbors and boating facilities.
The legislature also finds that enforcement efforts at small boat harbors and boating facilities are necessary to ensure public health and safety and to prevent vandalism, theft, trespassing, and squatting. The legislature believes that, in order to deter violators and repeat offenders, stricter penalties are needed.
Accordingly, the purpose of this Act is to clarify penalties for violations of boating and ocean recreation laws.
SECTION 2. Section 200-14, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
Any person who violates any provision in this chapter, or any
rule adopted by the department, relating to [boating accidents, reckless or
unauthorized operation of a vessel, unauthorized mooring of a vessel,
unauthorized commercial activity, unauthorized camping within state small boat
harbors or boating facilities, animal abandonment within state small boat harbors
or boating facilities, or creation of animal colonies within state small boat
harbors or boating facilities shall be guilty of a petty misdemeanor and shall
be fined not more than $1,000.] the following shall be guilty of a petty
misdemeanor and shall be fined not more than $1,000, or imprisoned for not more
than thirty days, or both:
(1) Boating accidents and boating accident reporting requirements;
(2) Diver's flag display requirements;
(3) Vessel or thrill craft speed restrictions;
(4) Personal flotation device requirements;
(5) Reckless or careless operation of a vessel or thrill craft;
(6) Operating a vessel or thrill craft without valid mandatory safety education;
(7) Operating a vessel or thrill craft without insurance coverage required by section 200-13.5;
(8) Unauthorized mooring, anchoring, or storage of a vessel or thrill craft;
(9) Unauthorized operation or control of a vessel or thrill craft;
(10) Unauthorized commercial activity within state small boat harbors, boating facilities, or state ocean waters;
(11) Unauthorized camping within state small boat harbors or boating facilities;
(12) Unauthorized access to restricted areas within state small boat harbors or boating facilities;
(13) Serving, sale, consumption, or possession of intoxicating liquor within state small boat harbors or boating facilities, except where permitted by law or rule;
(14) Operating a vessel or thrill craft under the influence of an intoxicant, as defined in section 291E-1;
(15) Falsifying a permit, vessel title, or vessel registration issued under this chapter, chapter 200A, or any rules adopted thereunder, with intent to avoid compliance, or conceal or misrepresent the identity of a permittee, vessel, or owner; or
(16) Animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities."
2. By amending subsection (c) to read:
"(c)
As a condition of probation pursuant to sections 706‑623 and
706-624, or as a condition to the suspension of any criminal penalties, the
environmental court may provide that the defendant refrain from operating any
vessel, including but not limited to any thrill craft or vessel engaged in
parasailing or water sledding, in specified geographical areas of the waters of
the State[.], for a period not to exceed twelve months."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DLNR; DOBOR; Boating and Ocean Recreation; Penalties
Description:
Clarifies the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, HRS.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| May 28, 2026 | Act 058, on 05/28/2026 (Gov. Msg. No. 1158). |
| May 28, 2026 | Act 058, 05/28/2026 (Gov. Msg. No. 1158). |
| May 8, 2026 | Enrolled to Governor. |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with Representative(s) Amato voting aye with reservations; Representative(s) Cochran, Garcia, Gedeon, Iwamoto, Matsumoto, Muraoka voting no (6) and none excused (0). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). |
| Apr 29, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| Apr 29, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 81-26) as amended in (CD 1). |
| Apr 29, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26. |
| Apr 29, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 81-26). |
| Apr 28, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 2 Ayes: Representative(s) Hashem, Tarnas; Ayes with reservations: none; 1 Noes: Representative(s) Cochran; and 0 Excused: none. |
| Apr 28, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Lee, C., Rhoads; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Lamosao. |
| Apr 27, 2026 | Conference committee meeting to reconvene on 04-28-26 9:00AM; CR 229. |
| Apr 24, 2026 | Conference committee meeting scheduled for 04-27-26 9:00AM; CR 229. |
| Apr 23, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 811). |
| Apr 22, 2026 | House Conferees Appointed: Hashem, Tarnas Co-Chairs; Cochran. |
| Apr 21, 2026 | Received notice of Senate conferees (Sen. Com. No. 718). |
| Apr 21, 2026 | Senate Conferees Appointed: Lee, C. Chairs; Rhoads Co-Chair; Lamosao. |
| Apr 16, 2026 | Received notice of disagreement (Sen. Com. No. 710). |
| Apr 16, 2026 | Senate disagrees with House amendments. |
| Apr 16, 2026 | Received from House (Hse. Com. No. 706). |
| Apr 14, 2026 | Passed Third Reading as amended in HD 2 with Representative(s) Reyes Oda voting aye with reservations; Representative(s) Cochran, Garcia, Gedeon, Matsumoto, Muraoka voting no (5) and none excused (0). Transmitted to Senate. |
| Apr 10, 2026 | Deferred one day 04-14-26. |
| Apr 8, 2026 | Forty-eight (48) hours notice Friday, 04-10-26. |
| Apr 8, 2026 | Reported from JHA (Stand. Com. Rep. No. 1830-26) as amended in HD 2, recommending passage on Third Reading. |
| Apr 2, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama; Ayes with reservations: Representative(s) Cochran, Shimizu; 1 Noes: Representative(s) Garcia; and 2 Excused: Representative(s) Belatti, Sayama. |
| Mar 31, 2026 | Bill scheduled to be heard by JHA on Thursday, 04-02-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 30, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; Representative(s) Garcia voting no (1) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4). |
| Mar 30, 2026 | Reported from WAL (Stand. Com. Rep. No. 1528-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 24, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Hashem, Morikawa, Ichiyama, Poepoe, Woodson, Souza; Ayes with reservations: Representative(s) Iwamoto, Shimizu; 0 Noes: none; and 1 Excused: Representative(s) Belatti. |
| Mar 20, 2026 | Bill scheduled to be heard by WAL on Tuesday, 03-24-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to WAL, JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 306) in amended form (SD 2). |
| Mar 10, 2026 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3064) with recommendation of passage on Third Reading, as amended (SD 2). |
| Mar 3, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Feb 24, 2026 | The committee(s) on JDC will hold a public decision making on 03-03-26 10:15AM; Conference Room 016 & Videoconference. |
| Feb 20, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 20, 2026 | Reported from WLA (Stand. Com. Rep. No. 2516) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 6, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WLA were as follows: 4 Aye(s): Senator(s) Lee, C., Inouye, Lamosao, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Chang. |
| Feb 3, 2026 | The committee(s) on WLA has scheduled a public hearing on 02-06-26 1:00PM; CR 224 & Videoconference. |
| Jan 30, 2026 | Referred to WLA, JDC. |
| Jan 26, 2026 | Passed First Reading. |
| Jan 23, 2026 | Introduced. |
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Date
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Description
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Location
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Votes
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| May 6, 2026 | Final Reading | House Floor |
Passed |
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| May 6, 2026 | Final Reading | Senate Floor |
Passed |
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| Apr 14, 2026 | Third Reading | House Floor |
Passed |
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| Apr 2, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 24, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Water & Land |
Passed |
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Mar 3, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 6, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Water, Land, Culture and the Arts |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Activities & Attractions Association of Hawaii, Inc. | *** Against | Mar 24, 2026 |
| Department of Land and Natural Resources | *** Support | Apr 2, 2026 |
| Department of the Attorney General and Department of Land | ** Support | |
| Department of the Attorney General | *** Support | Mar 24, 2026 |
| Hawaii Efoil Alliance | ** Against | |
| Maui Chamber of Commerce | *** Against | Apr 2, 2026 |
| Natural Resources | ** Support | |
| Ocean Tourism Coalition | ** Against |
STAND. COM. REP. NO. 3064
Honolulu, Hawaii
RE: S.B. No. 2818
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2818, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO BOATING,"
begs leave to report as follows:
The purpose and intent of this measure is to clarify the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, Hawaii Revised Statutes.
Your Committee received testimony in support of this measure from the Department of the Attorney General and Department of Land and Natural Resources.
Your Committee received testimony in opposition to this measure from the Maui Chamber of Commerce and Hawaii Efoil Alliance.
Your Committee finds that Act 215, Session Laws of Hawaii 2024, inadvertently decriminalized certain violations of boating and ocean recreation laws. Consequently, effective enforcement of boating and ocean recreation laws, including egregious natural resource and safety violations, have been largely neutralized. This measure will clarify which violations of boating and ocean recreation law will be subject to criminal penalties to deter violators and ensure the security of state boating facilities.
Your Committee has amended this measure by:
(1) Inserting language to clarify the conditions under which certain conduct shall be considered unauthorized;
(2) Inserting a definition of "restricted area"; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2818, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2818, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 2516
Honolulu, Hawaii
RE: S.B. No. 2818
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 2818 entitled:
"A BILL FOR AN ACT RELATING TO BOATING,"
begs leave to report as follows:
The purpose and intent of this measure is to clarify the penalties for violations of boating and ocean recreation laws pursuant to chapter 200, Hawaii Revised Statutes.
Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.
Your Committee received testimony in opposition to this measure from the Ocean Tourism Coalition and twenty-six individuals.
Your Committee finds that Act 215, Session Laws of Hawaii 2024, clarified penalties for violations of boating and ocean recreation laws. Unfortunately, enforcement efforts by the Division of Conservation and Resources Enforcement at small boat harbors and boating facilities struggle to deter violators, and their efforts are further hindered by the inadvertent decriminalization of certain violations of boating and ocean recreation laws. This measure will increase public safety by correcting and further clarifying the violations of chapter 200, Hawaii Revised Statues, that would be subject to criminal penalties.
Your Committee has amended this measure by:
(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Water, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2818, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2818, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,
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________________________________ CHRIS LEE, Chair |
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Date
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Testimony PDF
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| Apr 2, 2026 | SB2818_HD1_TESTIMONY_JHA_04-02-26_.PDF |
| Mar 24, 2026 | SB2818_SD2_TESTIMONY_WAL_03-24-26_.PDF |
| Mar 2, 2026 | SB2818_SD1_TESTIMONY_JDC_03-03-26_.PDF |
| Feb 6, 2026 | SB2818_TESTIMONY_WLA_02-06-26_.PDF |
Discussed in Hearing
23SEC
Senate Floor
1MIN
Conference Committee
31SEC
Conference Committee
1MIN
House Standing Committee on Judiciary & Hawaiian Affairs
57SEC
House Standing Committee on Judiciary & Hawaiian Affairs
4MIN
House Standing Committee on Water & Land
46SEC
House Standing Committee on Water & Land
1MIN
Senate Standing Committee on Judiciary
Bill Author
