§200-37.5 Emergency communication devices. (a) It shall be unlawful to operate in the waters of the State beyond one mile of shore, any:
(1) Vessel required to be registered by the State or documented by the United States Coast Guard; or
(2) Manual or sail-propelled vessel not required to be registered by the State or documented by the United States Coast Guard,
unless the vessel is equipped with a properly functioning fixed mount or handheld marine VHF-FM radio (156-162 MHz band) or emergency position indicating radio beacon.
Canoes, thrill craft, surfboards, and paddleboards shall be exempt from this section. Kayaks and training sailboats shall be exempt from this section when accompanied by at least one vessel that complies with this section.
(b) Notwithstanding the provisions of section 200-25, any person who violates this section shall be fined not more than $100 for each separate offense. Each day of each violation constitutes a separate offense. Any action taken to impose or collect the fine provided by this section shall be considered a civil action.
(c) As used in this section, an "emergency position indicating radio beacon" is an electronic device that, when activated, transmits a distress call on a designated emergency frequency to a radio or satellite receiver and is used by rescue personnel to locate the position of the signal. Emergency position indicating radio beacons shall be approved by the Federal Communications Commission and COSPAS-SARSAT, an international search and rescue organization. The 406 MHz class of emergency position indicating radio beacons shall be registered with the National Oceanic and Atmospheric Administration. The applicable United States Coast Guard regulations relating to emergency position indicating radio beacons shall prevail for commercial vessels. [L 2003, c 54, §2]
Structure Hawaii Revised Statutes
Title 12. Conservation and Resources
200. Ocean Recreation and Coastal Areas Programs
200-2 Board of land and natural resources, powers and duties.
200-2.5 Disposition of state boating facility properties.
200-2.6 Ala Wai boat harbor; leases.
200-3 Ocean recreation and coastal areas programs.
200-4.5 Safety of ocean users; rules.
200-4.6 Alternate access to state boating facilities; rules.
200-5 Commercial harbors excluded.
200-6 Limitation of private use of ocean waters and navigable streams.
200-7 Waiver of mooring charges
200-8 Boating program; payment of costs.
200-9 Purpose and use of state small boat harbors.
200-10 Permits and fees for state small boat harbors; permit transfers.
200-12 Administration of state small boat harbors.
200-12.5 Native Hawaiian canoes; education.
200-14 Violation of rules; penalty.
200-14.5 General administrative penalties.
200-15 Vessels or property taken into legal custody; unauthorized control.
200-16 Unauthorized vessels; impoundment and disposal proceedings.
200-16.5 Responsibility of vessel owner; evidence of unauthorized mooring.
200-17 Designated slip for Coast Guard auxiliary.
200-18 Records of suspensions and revocations of operating privileges to be maintained.
200-19 Private financing of small boat harbor improvements.
200-20 Hawaiian outrigger canoes on state shoreline areas.
200-29 Accident reports by operators; confidential nature.
200-30 Reciprocal agreements and courtesy.
200-31 Vessels required to be registered and numbered.
200-33 Future fee and charge increases or decreases.
200-34 Disposition of revenues.
200-36 Preemption of local law and special rules.
200-37 Operation of thrill craft; parasailing; water sledding; commercial high speed boating.
200-37.5 Emergency communication devices.
200-38 Ocean recreation management areas.
200-39 Kaneohe Bay ocean use activities; permits; restrictions.
200-40 Marine events; permits; exclusive use; cancellation fee.
200-41 Abandonment of vessels.
200-43 Public auction; disposition of abandoned vessels.
200-44 Possession by interested party.
200-47 Disposition of proceeds.
200-49 Disposition of derelict vessel.
200-53 Sale or disposition of vessel.
200-54 Disposition of proceeds.
200-55 Effect of transfer of title.
200-62 Trespass to vessel; penalty.
200-63 Questioning and detaining suspected persons aboard a vessel.
200-72 Defacing, etc., vessel hull identification numbers.