Note

L 2012, c 146, §12, with respect to amendments to this part, provides:

"SECTION 12. This Act shall take effect on July 1, 2012; provided that county responsibility under this Act for each county shall commence:

(1) Upon a county's access to vessel registration and marine document records of the department of land and natural resources or the United States Coast Guard as required in section 200-41, Hawaii Revised Statutes, in section 1 of this Act; or

(2) On January 1, 2013;

whichever is earlier".

§200-41 Disposition of certain abandoned vessels. (a) Any vessel may be deemed abandoned if the vessel has been moored or otherwise left in the waters of the State or on public property contrary to law or rules having the force and effect of law, or left on private property without authorization of the owner or occupant of the property if:

(1) The vessel's registration certificate or marine document has expired and the registered owner no longer resides at the address listed in the vessel registration or marine document records of the department or the United States Coast Guard;

(2) The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined;

(3) The vessel identification numbers and other means of identification have been removed so as to hinder or nullify efforts to locate or identify the owner;

(4) The vessel registration records of the department of land and natural resources and the marine document records of the United States Coast Guard contain no record that the vessel has ever been registered or documented and the owner's name or address cannot be determined; or

(5) The requirements of section 200-52 are met.

(b) The determination whether a vessel is abandoned on public property may be made by:

(1) The chairperson, with regard to public property under the jurisdiction of the department of land and natural resources; or

(2) Any other state department or agency through its director, with regard to public property within the department or agency's respective jurisdiction; or

(3) Any county through its mayor or the mayor's designee, or chief of police, with regard to public property within the respective county's jurisdiction; provided that the department shall provide to the respective county access to the department's vessel registration and marine document records or those of the United States Coast Guard for the purposes of this section.

Once a vessel is deemed abandoned, the appropriate official under this subsection may direct and cause the vessel to be taken into custody and disposed of pursuant to and in the manner provided in this chapter.

(c) All vessels abandoned on private property shall be the responsibility of the private property owner. [L 1991, c 272, pt of §2; am L 2012, c 146, §1]