SB 3102: DOT; DCCA; Port Pilots; Licensure; Pilotage Waters; Port Allen; Repeal

A BILL FOR AN ACT

RELATING TO PORT PILOTAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 462A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§462A-     Duties of the director of transportation; consultation.  The director of transportation, or the director's designee, shall provide information, data, reports, and other consultative input to the department of commerce and consumer affairs, as requested, for the establishment of port pilot licensure standards, requirements, and criteria under this chapter.  The consultative input shall include, at a minimum, examinations, the number of pilots necessary to maintain an efficient pilotage service, pilot fees, and other rules to ensure safe pilotage in the State's commercial ports."

     SECTION 2.  Section 462A-3, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-3  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;

     (2)  [Adopt,] In consultation with the department of transportation, adopt, amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter, which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of [this] the State; maintain a pilotage system devoted to the preservation[,] and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;

     (3)  [Develop] In consultation with the department of transportation, develop appropriate standards for licensure and renewal of licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services [or the department of transportation's harbors division].  Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot[,] or deputy port pilot licenses are qualified;

     (4)  Enforce this chapter and rules adopted pursuant thereto;

     (5)  [Suspend,] In consultation with the department of transportation, suspend, revoke, or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of [the] rules[;] adopted thereto;

     (6)  Investigate any person for violations of [any provisions of] this chapter[;] and rules adopted thereto;

     (7)  Adopt methods to improve disciplinary and enforcement programs against violations of this chapter[;] and rules adopted thereto; and

     (8)  [Do] In consultation with the department of transportation, do all things reasonable, necessary, and expedient to [insure] ensure proper and safe pilotage and to facilitate the efficient administration of this chapter."

     SECTION 3.  Section 462A-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§462A-3.5[]]  Adequate supply of licenses.  (a)  The director, in consultation with the department of transportation, shall determine the number of pilots necessary to maintain an efficient pilotage service in accordance with this chapter.

     (b) [The] In making a recommendation to the director, the department of transportation, in consultation with users of pilotage services[, the department of transportation's harbors division,] and the professional association of port pilots in the State, shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce."

     SECTION 4.  Section 462A-8, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-8  Denial, suspension, or revocation.  In addition to any other actions authorized by law, the director, in consultation with the department of transportation, may deny the issuance of a license to any applicant, and may suspend or revoke the license of any pilot for any cause authorized by law, including but not limited to the following:

     (1)  Violation of this chapter or any rule adopted by the director;

     (2)  Loss, damage, or injury due to negligent pilotage;

     (3)  Habitual use of any substance rendering a pilot unfit to be entrusted with the charge of a vessel;

     (4)  Inability to physically or mentally perform the duties of a pilot;

     (5)  Failure to maintain active service as a pilot in the State;

     (6)  Procurement of a license through fraudulent misrepresentation or deceit;

     (7)  Participation in any unfair or deceptive act or practice as prohibited by section 480-2;

     (8)  Violation of any law or rule intended to promote marine safety or protect navigational waters;

     (9)  Failure to report marine accidents in accordance with the [rules] requirements of this chapter; or

    (10)  Failure to maintain a current and valid federal pilots license issued in accordance with title 46[,] United States Code[,] chapter 71."

     SECTION 5.  Section 462A-11, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-11  Rates of pilotage.  [The] Notwithstanding any law to the contrary, the director, in consultation with the department of transportation, shall establish the rates of pilotage for vessels subject to this chapter as follows:

     (1)  The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director pursuant to this chapter[.];

     (2)  No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91[.  Due] and due notice of a hearing shall be mailed at least thirty days [prior to] before the date of the hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department[.];

     (3)  The director, in setting rates of pilotage, shall fix [such] amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States[.]; and

     (4)  Persons aggrieved by the director's decision setting the rates of pilotage may appeal to circuit court as provided in chapter 91."

     SECTION 6.  Section 462A-17, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-17  Description of pilotage waters.  Pilotage waters as established under this chapter shall be the waters of the State described as follows:

    [(1)  Port Allen:  All waters inside a line drawn from Puolu Point to Weli Point.

     (2)] (1)  Nawiliwili:  All waters inside a line drawn from Ninini Point to Kawaii Point[.];

    [(3)] (2)  Honolulu:  All waters inside a line drawn from Diamond Head Light, 278° true, to the intersection of a line drawn from the seaward edge of the reef runway at Latitude 21°-18.2' North and Longitude 157°-55.6' West, 180° true[.];

    [(4)] (3)  Kahului:  All waters inside a line drawn from Waiehu Point to Waihee Reef Lighted Buoy 2 in Latitude 20°55.9' North and Longitude 156°28.5' West and thence to Papaula Point[.];

    [(5)] (4)  Hilo:  All waters inside a line drawn from the outer extremity of the Hilo Bay breakwater to Paukaa Point Light[.];

    [(6)] (5)  Kawaihae:  All waters inside a line drawn from the outer extremity of the Kawaihae Harbor breakwater due West to Longitude 155°51' West, thence due North to Latitude 20°03' North and thence due East to where it intersects with the shoreline[.]; and

    [(7)] (6)  Barbers Point:  All waters inside a line drawn from the northernmost refinery tower, 250° true, to the intersection of a line drawn tangentially to Maile Point, 165° true."

     SECTION 7.  Section 462A-18, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-18  Vessels required to take a pilot.  Every vessel, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director of transportation to be in immediate danger of destruction or [which] that poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available."

     SECTION 8.  Section 462A-19, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-19  Exempt vessels.  This chapter [does] shall not apply to:

     (1)  Any vessel required by the laws of the United States [of America] to be under the direction and control of a federally licensed pilot;

     (2)  Public vessels of the United States [of America];

     (3)  Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States [of America];

     (4)  Tugs or towboats of 1,600 gross tons or less [which] that are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water [which] that the vessel is traversing; or

     (5)  Vessels under 300 gross tons.

     This section provides minimum pilotage requirements, and [is not intended] shall not be construed to negate the department of transportation's responsibility for the safety of all ports and shore waters in the State, nor [does] shall it be construed to limit the [department's] department of transportation's right to require additional pilotage should [that] the department of transportation determine it is necessary to ensure safety in the ports or shore waters of the State."

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2026.

Report Title:

DOT; DCCA; Port Pilots; Licensure; Pilotage Waters; Port Allen; Repeal

Description:

Clarifies the consulting role and responsibilities of the Department of Transportation in the Department of Commerce and Consumer Affairs' development and implementation of port pilot licensure standards, requirements, and criteria.  Repeals Port Allen from the list of designated pilotage waters.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PORT PILOTAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 462A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§462A-     Duties of the director of transportation; consultation.  The director of transportation, or the director's designee, shall provide information, data, reports, and other consultative input to the department of commerce and consumer affairs, as requested, for the establishment of port pilot licensure standards, requirements, and criteria under this chapter.  The consultative input shall include, at a minimum, examinations, the number of pilots necessary to maintain an efficient pilotage service, pilot fees, and other rules to ensure safe pilotage in the State's commercial ports."

     SECTION 2.  Section 462A-3, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-3  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;

     (2)  [Adopt,] In consultation with the department of transportation, adopt, amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter, which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of [this] the State; maintain a pilotage system devoted to the preservation[,] and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;

     (3)  [Develop] In consultation with the department of transportation, develop appropriate standards for licensure and renewal of licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services [or the department of transportation's harbors division].  Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot[,] or deputy port pilot licenses are qualified;

     (4)  Enforce this chapter and rules adopted pursuant thereto;

     (5)  [Suspend,] In consultation with the department of transportation, suspend, revoke, or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of [the] rules[;] adopted thereto;

     (6)  Investigate any person for violations of [any provisions of] this chapter[;] and rules adopted thereto;

     (7)  Adopt methods to improve disciplinary and enforcement programs against violations of this chapter[;] and rules adopted thereto; and

     (8)  [Do] In consultation with the department of transportation, do all things reasonable, necessary, and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this chapter."

     SECTION 3.  Section 462A-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§462A-3.5[]]  Adequate supply of licenses.  (a)  The director, in consultation with the department of transportation, shall determine the number of pilots necessary to maintain an efficient pilotage service in accordance with this chapter.

     (b) [The] In making a recommendation to the director, the department of transportation, in consultation with users of pilotage services[, the department of transportation's harbors division,] and the professional association of port pilots in the State, shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce."

     SECTION 4.  Section 462A-8, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-8  Denial, suspension, or revocation.  In addition to any other actions authorized by law, the director, in consultation with the department of transportation, may deny the issuance of a license to any applicant, and may suspend or revoke the license of any pilot for any cause authorized by law, including but not limited to the following:

     (1)  Violation of this chapter or any rule adopted by the director;

     (2)  Loss, damage, or injury due to negligent pilotage;

     (3)  Habitual use of any substance rendering a pilot unfit to be entrusted with the charge of a vessel;

     (4)  Inability to physically or mentally perform the duties of a pilot;

     (5)  Failure to maintain active service as a pilot in the State;

     (6)  Procurement of a license through fraudulent misrepresentation or deceit;

     (7)  Participation in any unfair or deceptive act or practice as prohibited by section 480-2;

     (8)  Violation of any law or rule intended to promote marine safety or protect navigational waters;

     (9)  Failure to report marine accidents in accordance with the rules of this chapter; or

    (10)  Failure to maintain a current and valid federal pilots license issued in accordance with title 46[,] United States Code[,] chapter 71."

     SECTION 5.  Section 462A-11, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-11  Rates of pilotage.  [The] Notwithstanding any law to the contrary, the director, in consultation with the department of transportation, shall establish the rates of pilotage for vessels subject to this chapter as follows:

     (1)  The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director pursuant to this chapter[.];

     (2)  No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91[.  Due] and due notice of a hearing shall be mailed at least thirty days [prior to] before the date of the hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department[.];

     (3)  The director, in setting rates of pilotage, shall fix [such] amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States[.]; and

     (4)  Persons aggrieved by the director's decision setting the rates of pilotage may appeal to circuit court as provided in chapter 91."

     SECTION 6.  Section 462A-17, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-17  Description of pilotage waters.  Pilotage waters as established under this chapter shall be the waters of the State described as follows:

    [(1)  Port Allen:  All waters inside a line drawn from Puolu Point to Weli Point.

     (2)] (1)  Nawiliwili:  All waters inside a line drawn from Ninini Point to Kawaii Point[.];

    [(3)] (2)  Honolulu:  All waters inside a line drawn from Diamond Head Light, 278° true, to the intersection of a line drawn from the seaward edge of the reef runway at Latitude 21°-18.2' North and Longitude 157°-55.6' West, 180° true[.];

    [(4)] (3)  Kahului:  All waters inside a line drawn from Waiehu Point to Waihee Reef Lighted Buoy 2 in Latitude 20° 55.9' North and Longitude 156° 28.5' West and thence to Papaula Point[.];

    [(5)] (4)  Hilo:  All waters inside a line drawn from the outer extremity of the Hilo Bay breakwater to Paukaa Point Light[.];

    [(6)] (5)  Kawaihae:  All waters inside a line drawn from the outer extremity of the Kawaihae Harbor breakwater due West to Longitude 155° 51' West, thence due North to Latitude 20°03' North and thence due East to where it intersects with the shoreline[.]; and

    [(7)] (6)  Barbers Point:  All waters inside a line drawn from the northernmost refinery tower, 250° true, to the intersection of a line drawn tangentially to Maile Point, 165° true."

     SECTION 7.  Section 462A-18, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-18  Vessels required to take a pilot.  Every vessel, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director of transportation to be in immediate danger of destruction or [which] that poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available."

     SECTION 8.  Section 462A-19, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-19  Exempt vessels.  This chapter does not apply to:

     (1)  Any vessel required by the laws of the United States [of America] to be under the direction and control of a federally licensed pilot;

     (2)  Public vessels of the United States [of America];

     (3)  Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States [of America];

     (4)  Tugs or towboats of 1,600 gross tons or less [which] that are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water [which] that the vessel is traversing; or

     (5)  Vessels under 300 gross tons.

     This section provides minimum pilotage requirements, and [is not intended] shall not be construed to negate the department of transportation's responsibility for the safety of all ports and shore waters in the State, nor [does] shall it be construed to limit the [department's] department of transportation's right to require additional pilotage should [that] the department of transportation determine it is necessary to ensure safety in the ports or shore waters of the State."

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 3000.

Report Title:

DOT; DCCA; Port Pilots; Licensure; Pilotage Waters; Port Allen; Repeal

Description:

Clarifies the consulting role and responsibilities of the Department of Transportation in the Department of Commerce and Consumer Affairs' development and implementation of port pilot licensure standards, requirements, and criteria.  Repeals Port Allen from the list of designated pilotage waters.  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.

A BILL FOR AN ACT

RELATING TO PORT PILOTAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 462A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§462A-    Duties of the director of transportation; consultation.  The director of transportation or the director's designee shall provide information, data, reports, and other consultative input to the department of commerce and consumer affairs, as requested, for the establishment of port pilot licensure standards, requirements, and criteria under this chapter.  The consultative input shall include, at minimum, examinations, the number of pilots necessary to maintain an efficient pilotage service, pilot fees, and other rules to ensure safe pilotage in the State's commercial ports."

     SECTION 2.  Section 462A-3, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-3  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;

     (2)  [Adopt,] In consultation with the department of transportation, adopt, amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter, which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of this State; maintain a pilotage system devoted to the preservation[,] and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;

     (3)  [Develop] In consultation with the department of transportation, develop appropriate standards for licensure and renewal of licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services [or the department of transportation's harbors division].  Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot[,] or deputy port pilot licenses are qualified;

     (4)  Enforce this chapter and rules adopted pursuant thereto;

     (5)  [Suspend,] In consultation with the department of transportation, suspend, revoke, or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of [the] rules[;] adopted hereto;

     (6)  Investigate any person for violations of [any provisions of] this chapter[;] and rules adopted thereto;

     (7)  Adopt methods to improve disciplinary and enforcement programs against violations of this chapter[;] and rules adopted hereto; and

     (8)  [Do] In consultation with the department of transportation, do all things reasonable, necessary, and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this chapter."

     SECTION 3.  Section 462A-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§462A-3.5[]]  Adequate supply of licenses.  (a)  The director, in consultation with the department of transportation, shall determine the number of pilots necessary to maintain an efficient pilotage service in accordance with this chapter.

     (b) [The] In making a recommendation to the director, the department of transportation, in consultation with users of pilotage services[, the department of transportation's harbors division,] and the professional association of port pilots in the State, shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce."

     SECTION 4.  Section 462A-8, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-8  Denial, suspension, or revocation.  In addition to any other actions authorized by law, the director, in consultation with the department of transportation, may deny the issuance of a license to any applicant, and may suspend or revoke the license of any pilot for any cause authorized by law, including but not limited to the following:

     (1)  Violation of this chapter or any rule adopted by the director;

     (2)  Loss, damage, or injury due to negligent pilotage;

     (3)  Habitual use of any substance rendering a pilot unfit to be entrusted with the charge of a vessel;

     (4)  Inability to physically or mentally perform the duties of a pilot;

     (5)  Failure to maintain active service as a pilot in the State;

     (6)  Procurement of a license through fraudulent misrepresentation or deceit;

     (7)  Participation in any unfair or deceptive act or practice as prohibited by section 480-2;

     (8)  Violation of any law or rule intended to promote marine safety or protect navigational waters;

     (9)  Failure to report marine accidents in accordance with the rules of this chapter; or

    (10)  Failure to maintain a current and valid federal pilots license issued in accordance with title 46[,] United States Code[,] chapter 71."

     SECTION 5.  Section 462A-11, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-11  Rates of pilotage.  [The] Notwithstanding any law to the contrary, the director, in consultation with the department of transportation, shall establish the rates of pilotage for vessels subject to this chapter as follows:

     (1)  The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director pursuant to this chapter[.];

     (2)  No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91[.  Due] and due notice of a hearing shall be mailed at least thirty days [prior to] before the date of hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department[.];

     (3)  The director, in setting rates of pilotage, shall fix [such] amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States[.]; and

     (4)  Persons aggrieved by the director's decision setting the rates of pilotage may appeal to circuit court as provided in chapter 91."

     SECTION 6.  Section 462A-17, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-17  Description of pilotage waters.  Pilotage waters as established under this chapter shall be the waters of the State described as follows:

    [(1)  Port Allen:  All waters inside a line drawn from Puolu Point to Weli Point.

     (2)] (1)  Nawiliwili:  All waters inside a line drawn from Ninini Point to Kawaii Point[.];

    [(3)] (2)  Honolulu:  All waters inside a line drawn from Diamond Head Light, 278° true, to the intersection of a line drawn from the seaward edge of the reef runway at Latitude 21°-18.2' North and Longitude 157°-55.6' West, 180° true[.];

    [(4)] (3)  Kahului:  All waters inside a line drawn from Waiehu Point to Waihee Reef Lighted Buoy 2 in Latitude 20° 55.9' North and Longitude 156° 28.5' West and thence to Papaula Point[.];

    [(5)] (4)  Hilo:  All waters inside a line drawn from the outer extremity of the Hilo Bay breakwater to Paukaa Point Light[.];

    [(6)] (5)  Kawaihae:  All waters inside a line drawn from the outer extremity of the Kawaihae Harbor breakwater due West to Longitude 155° 51' West, thence due North to Latitude 20°03' North and thence due East to where it intersects with the shoreline[.]; and

    [(7)] (6)  Barbers Point:  All waters inside a line drawn from the northernmost refinery tower, 250° true, to the intersection of a line drawn tangentially to Maile Point, 165° true."

     SECTION 7.  Section 462A-18, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-18  Vessels required to take a pilot.  Every vessel, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director of transportation to be in immediate danger of destruction or [which] that poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available."

     SECTION 8.  Section 462A-19, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-19  Exempt vessels.  This chapter does not apply to:

     (1)  Any vessel required by the laws of the United States [of America] to be under the direction and control of a federally licensed pilot;

     (2)  Public vessels of the United States [of America];

     (3)  Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States [of America];

     (4)  Tugs or towboats of 1,600 gross tons or less [which] that are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water [which] that the vessel is traversing; or

     (5)  Vessels under 300 gross tons.

     This section provides minimum pilotage requirements, and [is not intended] shall not be construed to negate the department of transportation's responsibility for the safety of all ports and shore waters in the State, nor [does] shall it be construed to limit the [department's] department of transportation's right to require additional pilotage should [that] the department of transportation determine it is necessary to ensure safety in the ports or shore waters of the State."

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2050.

Report Title:

DOT; DCCA; Port Pilots; Licensure; Pilotage Waters; Port Allen; Repeal

Description:

Clarifies the consulting role and responsibilities of the Department of Transportation in the Department of Commerce and Consumer Affairs' development and implementation of port pilot licensure standards, requirements, and criteria.  Repeals Port Allen from the list of designated pilotage waters.  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.

A BILL FOR AN ACT

RELATING TO PORT PILOTAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 462A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§462A-    Duties of the director of transportation; consultation.  The director of transportation or the director's designee shall provide information, data, reports, and other consultative input to the department of commerce and consumer affairs, as requested, for the establishment of port pilot licensure standards, requirements, and criteria under this chapter.  The consultative input shall include, at minimum, examinations, the number of pilots necessary to maintain an efficient pilotage service, pilot fees, and other rules to ensure safe pilotage in the State's commercial ports."

     SECTION 2.  Section 462A-3, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-3  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;

     (2)  [Adopt,] In consultation with the department of transportation, adopt, amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter, which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of this State; maintain a pilotage system devoted to the preservation, and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;

     (3)  [Develop] In consultation with the department of transportation, develop appropriate standards for licensure and renewal of licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services [or the department of transportation's harbors division].  Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot[,] or deputy port pilot licenses are qualified;

     (4)  Enforce this chapter and rules adopted pursuant thereto;

     (5)  [Suspend,] In consultation with the department of transportation, suspend, revoke, or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of [the] rules[;] adopted hereto;

     (6)  Investigate any person for violations of [any provisions of] this chapter[;] and rules adopted thereto;

     (7)  Adopt methods to improve disciplinary and enforcement programs against violations of this chapter[;] and rules adopted hereto; and

     (8)  [Do] In consultation with the department of transportation, do all things reasonable, necessary, and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this chapter."

     SECTION 3.  Section 462A-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§462A-3.5[]]  Adequate supply of licenses.  (a)  The director, in consultation with the department of transportation, shall determine the number of pilots necessary to maintain an efficient pilotage service in accordance with this chapter.

     (b) [The] In making a recommendation to the director, the department of transportation, in consultation with users of pilotage services[, the department of transportation's harbors division,] and the professional association of port pilots in the State, shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce."

     SECTION 4.  Section 462A-8, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-8  Denial, suspension, or revocation.  In addition to any other actions authorized by law, the director, in consultation with the department of transportation, may deny the issuance of a license to any applicant, and may suspend or revoke the license of any pilot for any cause authorized by law, including but not limited to the following:

     (1)  Violation of this chapter or any rule adopted by the director;

     (2)  Loss, damage, or injury due to negligent pilotage;

     (3)  Habitual use of any substance rendering a pilot unfit to be entrusted with the charge of a vessel;

     (4)  Inability to physically or mentally perform the duties of a pilot;

     (5)  Failure to maintain active service as a pilot in the State;

     (6)  Procurement of a license through fraudulent misrepresentation or deceit;

     (7)  Participation in any unfair or deceptive act or practice as prohibited by section 480-2;

     (8)  Violation of any law or rule intended to promote marine safety or protect navigational waters;

     (9)  Failure to report marine accidents in accordance with the rules of this chapter; or

    (10)  Failure to maintain a current and valid federal pilots license issued in accordance with title 46[,] United States Code[,] chapter 71."

     SECTION 5.  Section 462A-11, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-11  Rates of pilotage.  [The] Notwithstanding any law to the contrary, the director, in consultation with the department of transportation, shall establish the rates of pilotage for vessels subject to this chapter as follows:

     (1)  The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director pursuant to this chapter[.];

     (2)  No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91[.  Due] and due notice of a hearing shall be mailed at least thirty days [prior to] before the date of hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department[.];

     (3)  The director, in setting rates of pilotage, shall fix such amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States[.]; and

     (4)  Persons aggrieved by the director's decision setting the rates of pilotage may appeal to circuit court as provided in chapter 91."

     SECTION 6.  Section 462A-18, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-18  Vessels required to take a pilot.  Every vessel, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director of transportation to be in immediate danger of destruction or [which] that poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available."

     SECTION 7.  Section 462A-19, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-19  Exempt vessels.  This chapter does not apply to:

     (1)  Any vessel required by the laws of the United States [of America] to be under the direction and control of a federally licensed pilot;

     (2)  Public vessels of the United States [of America];

     (3)  Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States [of America];

     (4)  Tugs or towboats of 1,600 gross tons or less [which] that are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water [which] that the vessel is traversing; or

     (5)  Vessels under 300 gross tons.

     This section provides minimum pilotage requirements, and [is not intended] shall not be construed to negate the department of transportation's responsibility for the safety of all ports and shore waters in the State, nor [does] shall it be construed to limit the [department's] department of transportation's right to require additional pilotage should [that] the department of transportation determine it is necessary to ensure safety in the ports or shore waters of the State."

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

Report Title:

DOT; DCCA; Port Pilots; Licensure

Description:

Clarifies the consulting role and responsibilities of the Department of Transportation in the Department of Commerce and Consumer Affairs' development and implementation of port pilot licensure standards, requirements, and criteria.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PORT PILOTAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 462A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§462A-   Duties of the director of transportation; consultation.  The director of transportation, or the director's designee, shall provide information, data, reports, and other consultative input to the department of commerce and consumer affairs, as requested, for the establishment of port pilot licensure standards, requirements, and criteria under this chapter.  The consultative input shall include, at a minimum, examinations, the number of pilots necessary to maintain an efficient pilotage service, pilot fees, and other rules to ensure safe pilotage in the State's commercial ports."

     SECTION 2.  Section 462A-3, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-3  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;

     (2)  [Adopt,] In consultation with the department of transportation, adopt, amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter, which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of this State; maintain a pilotage system devoted to the preservation, and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;

     (3)  [Develop] In consultation with the department of transportation, develop appropriate standards for licensure and renewal of licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services [or the department of transportation's harbors division].  Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot[,] or deputy port pilot licenses are qualified;

     (4)  Enforce this chapter and rules adopted pursuant thereto;

     (5)  [Suspend,] In consultation with the department of transportation, suspend, revoke, or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of [the] rules[;] adopted hereto;

     (6)  Investigate any person for violations of [any provisions of] this chapter[;] and rules adopted thereto;

     (7)  Adopt methods to improve disciplinary and enforcement programs against violations of this chapter[;] and rules adopted hereto; and

     (8)  [Do] In consultation with the department of transportation, do all things reasonable, necessary, and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this chapter."

     SECTION 3.  Section 462A-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§462A-3.5[]]  Adequate supply of licenses.  (a)  The director, in consultation with the department of transportation, shall determine the number of pilots necessary to maintain an efficient pilotage service in accordance with this chapter.

     (b) [The] In making a recommendation to the director, the department of transportation, in consultation with users of pilotage services[, the department of transportation's harbors division,] and the professional association of port pilots in the State, shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce."

     SECTION 4.  Section 462A-8, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-8  Denial, suspension, or revocation.  In addition to any other actions authorized by law, the director, in consultation with the department of transportation, may deny the issuance of a license to any applicant, and may suspend or revoke the license of any pilot for any cause authorized by law, including but not limited to the following:

     (1)  Violation of this chapter or any rule adopted by the director;

     (2)  Loss, damage, or injury due to negligent pilotage;

     (3)  Habitual use of any substance rendering a pilot unfit to be entrusted with the charge of a vessel;

     (4)  Inability to physically or mentally perform the duties of a pilot;

     (5)  Failure to maintain active service as a pilot in the State;

     (6)  Procurement of a license through fraudulent misrepresentation or deceit;

     (7)  Participation in any unfair or deceptive act or practice as prohibited by section 480-2;

     (8)  Violation of any law or rule intended to promote marine safety or protect navigational waters;

     (9)  Failure to report marine accidents in accordance with the rules of this chapter; or

    (10)  Failure to maintain a current and valid federal pilots license issued in accordance with title 46[,] United States Code[,] chapter 71."

     SECTION 5.  Section 462A-11, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-11  Rates of pilotage.  [The] Notwithstanding any law to the contrary, the director, in consultation with the department of transportation, shall establish the rates of pilotage for vessels subject to this chapter as follows:

     (1)  The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director pursuant to this chapter.

     (2)  No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91.  Due notice of hearing shall be mailed at least thirty days prior to the date of hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department.

     (3)  The director, in setting rates of pilotage, shall fix such amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States.

     (4)  Persons aggrieved by the director's decision setting the rates of pilotage may appeal to circuit court as provided in chapter 91."

     SECTION 6.  Section 462A-18, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-18  Vessels required to take a pilot.  Every vessel, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director of transportation to be in immediate danger of destruction or [which] that poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available."

     SECTION 7.  Section 462A-19, Hawaii Revised Statutes, is amended to read as follows:

     "§462A-19  Exempt vessels.  This chapter does not apply to:

     (1)  Any vessel required by the laws of the United States [of America] to be under the direction and control of a federally licensed pilot;

     (2)  Public vessels of the United States [of America];

     (3)  Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States [of America];

     (4)  Tugs or towboats of 1,600 gross tons or less [which] that are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water [which] that the vessel is traversing; or

     (5)  Vessels under 300 gross tons.

     This section provides minimum pilotage requirements, and [is not intended] shall not be construed to negate the department of transportation's responsibility for the safety of all ports and shore waters in the State, nor [does] shall it be construed to limit the [department's] department of transportation's right to require additional pilotage should [that] the department of transportation determine it is necessary to ensure safety in the ports or shore waters of the State."

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

Report Title:

DOT; DCCA; Port Pilots; Licensure

Description:

Clarifies the consulting role and responsibilities of the Department of Transportation in the Department of Commerce and Consumer Affairs' development and implementation of pilot licensure standards, requirements, and criteria.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2915

Honolulu, Hawaii

RE:     S.B. No. 3102

        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 Commerce and Consumer Protection, to which was referred S.B. No. 3102, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PORT PILOTAGE,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify the consulting role and responsibilities of the Department of Transportation in the Department of Commerce and Consumer Affairs' development and implementation of port pilot licensure standards, requirements, and criteria.

     Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs; Department of Transportation; Matson Navigation Company, Inc.; Hawaiʻi Harbors Users Group; The Maritime Group; Hawaii Stevedores, Inc.; Pasha Hawaii; Hawaii Pilots Association; and Hawaii Ports Maritime Council.

     Your Committee finds that commercial harbors, where an estimated ninety percent of imported goods enter the State, play a critical role in the State's economy.  Your Committee further finds that harbor pilots are essential to ensure the safe and efficient operation of the State's commercial harbors.  This measure would facilitate collaboration between the Department of Transportation, which manages harbors in the State, and the Department of Commerce and Consumer Affairs, which has authority to grant port pilotage licenses, to ensure ongoing safe pilotage in the State's commercial harbors.

     Your Committee acknowledges the concerns raised by multiple testifiers that there has been no vessel traffic in Port Allen requiring a licensed harbor pilot for thirty years and there is none anticipated for the foreseeable future.

     Accordingly, your Committee has amended this measure by:

     (1)  Repealing existing statutory language to remove Port Allen from the list of designated pilotage waters in the State;

     (2)  Inserting an effective date of July 1, 2050, to encourage further discussion; 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 Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3102, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3102, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,