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Bill

GM 1158

Informing the Legislature that on May 28, 2026, the Governor signed the following bill into law: SB2818 SD2 HD2 CD1 (ACT 058).

2026 Regular Session

Tougher penalties for many boating violations in Hawaii, especially in small boat harbors, to deter unsafe, illegal, or unauthorized activities and improve safety.

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Bill Summary · GM 1158

Summary of Bill: SB2818 CD1 (ACT 058) – Hawaii, 2026

Main purpose and intent

  • Clarify and strengthen penalties for violations of boating and ocean recreation laws in Hawaii.
  • Target enforcement in small boat harbors and boating facilities to support public health, safety, and deterrence of vandalism, theft, trespassing, squatting, and other unlawful activities.
  • Emphasize that stricter penalties are needed to deter violators and repeat offenders in these high-traffic maritime areas.

Key provisions and changes

  • Amendments to Section 200-14, Hawaii Revised Statutes, governing violations related to boating and related activities. The bill recharacterizes certain conduct as petty misdemeanors with fines, imprisonment, or both, and specifies penalties.
  • Violations now covered (examples listed in the bill) include:
    • Boating accidents and accident reporting requirements
    • Diver’s flag display requirements
    • Speed restrictions for thrill crafts or vessels
    • Personal flotation device requirements
    • Reckless or careless operation of thrill crafts or vessels
    • Operating thrill crafts or vessels without mandatory safety education
    • Operating thrill crafts or vessels without required insurance
    • Unauthorized mooring, anchoring, or storage of thrill crafts or vessels
    • Unauthorized operation or control of thrill crafts or vessels
    • Unauthorized commercial activity within state small boat harbors, boating facilities, or waters
    • Unauthorized camping within state small boat harbors or boating facilities
    • Unauthorized access to restricted areas within small boat harbors or boating facilities
    • Serving, sale, consumption, or possession of intoxicating liquor within these areas (except where permitted)
    • Operating a thrill craft or vessel under the influence of alcohol or other intoxicants
    • Falsifying permits, vessel titles, or registrations to avoid compliance or misrepresent identity
    • Animal abandonment within small boat harbors or facilities, or creation of animal colonies in these areas
  • Traffic infractions regime (for department-regulated vehicular parking or traffic movement) remains under the broader traffic infraction framework:
    • Fines for first, second, and third/subsequent violations: up to $100, $200, and $500 respectively.
  • The act provides a potential probationary or suspended-penalty mechanism:
    • As a condition of probation or suspension of penalties, the environmental court may require the defendant to refrain from operating any vessel in specified areas for up to 12 months.
  • “Authorized conduct” definitions and scope:
    • Conduct is deemed unauthorized only if prohibited by statute, department rule, department-issued permit/lease/authorization, or posted restrictions with reasonable notice (signage or markings), except in emergency or imminent public safety situations.
    • Terms such as “operate,” “parasailing,” “thrill craft,” “vessel,” “waters of the State,” and “restricted area” are aligned with existing definitions in other sections (e.g., 200-23).
  • Effective date:
    • The act takes effect July 1, 2026.
  • Non-retroactivity:
    • The bill clarifies that it does not affect penalties or proceedings that matured or commenced before its effective date.

Who is affected

  • Individuals and entities engaging in boating and ocean recreation in Hawaii, particularly within small boat harbors and boating facilities.
  • Operators of thrill crafts, vessels, parasailing activities, and related services.
  • Owners and operators of vessels subject to registration, permits, or insurance requirements under the related chapters.
  • Law enforcement, the Department of Land and Natural Resources (Division of Conservation and Resources Enforcement), and the environmental court handling probation and penalties.

Procedural and timeline aspects

  • Enactment timeline:
    • Passed by both chambers in May 2026.
    • Signed by the Governor on May 28, 2026 (Act 058).
  • Effective date of new provisions: July 1, 2026.
  • Article notes that prior rights and penalties that matured before the effective date remain unaffected.

Practical impact and considerations

  • Potential increases in penalties for a broad set of boating violations, enhancing deterrence in busy marinas and small harbors.
  • Clearer, codified framework for what constitutes unauthorized activity in boating areas.
  • Emphasis on safety, environmental compliance, and public order within state boating facilities.
  • Administrative emphasis on enforcement consistency and public notice via posted restrictions.

Compiled from official sources — confirm details with the bill’s official record.

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