§200-52 When vessel deemed abandoned on the premises of a vessel repair business, private marina, or yacht club. A vessel shall be deemed to be abandoned upon satisfaction of all the following conditions:
(1) The service requested or required by a person whose vessel is navigated, towed, or brought to a vessel repair business, private marina, or yacht club, such as mooring, storage, towing, and rendering estimates of the cost of repairs, has been performed;
(2) No authorization is given to perform any further service respecting the vessel, or to allow mooring, or storage, but the vessel is left on the repair business, private marina, or yacht club premises;
(3) The owner of the repair business or private marina, or the owner's authorized representative, or the designated representative of the yacht club, has given notice by registered or certified mail, to the registered owner of the vessel at the address on record at the vessel repair business, private marina, or yacht club, and the address on record at the department or United States Coast Guard, and to any person with a recorded interest in the vessel stating that, if the vessel is not repossessed within thirty days after the mailing of the notice, it will be sold or disposed of. The notice also shall contain a description of the vessel and its location. The notice need not be sent to an owner or any person with an unrecorded interest in the vessel whose name or address cannot be determined and, absent evidence to the contrary, a notice shall be deemed received by the legal or registered owner five calendar days after the mailing; and
(4) The vessel is not repossessed within the thirty-day period. [L 1991, c 272, pt of §2; am L 1999, c 232, §3; am L 2012, c 146, §9]
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.