State Law vs. Federal Law

Registration and Titling Requirements:

In Hawaii all boats must be registered annually with the following exceptions:

Every new or previously registered commercial or recreational vessel on the waters of Hawaii is required to be registered or documented with either the Department of Land and Natural Resources, Division of Boating and Ocean Recreation (DLNR/DOBOR) or the U.S. Coast Guard. Commercial vessels holding a valid marine document may also be required to obtain an annual commercial decal.

Once registered, you will receive a Certificate of Number which must be kept aboard the boat at all times and be readily available for inspection by a law enforcement officer.

The Certificate of Number and validation decal are good for one year!

You must display your registration stickers and registration numbers (beginning with HA) on the forward half of your vessel well above the waterline where it can be easily read by law enforcement officials. Letters and numbers are to be block style of at least 3” tall and must be black or another color that contrasts with the hull. Letters and numbers are to read from left to right and have a space or hyphen to separate letters and numbers. The validation decal must be affixed within three inches aft and in-line with the registration letters and numbers. Expired stickers must be removed or covered with the new sticker.

Titling your vessel and/or outboard motor in Mississippi is not mandatory. If you choose to title your property, keep your certificate of title in a safe place – it is your proof of ownership.

Laws for Required Wearing of PFDs :

In addition to the federal PFD carriage requirements, Hawaii DOBOR recommends that while boating you and your guests wear a properly fitting U.S. Coast Guard approved PFD. PFDs should fit snugly and checked periodically for punctures, fading or chafing. In addition to periodic inspection, PFDs should be kept out of the sun when possible and kept away from harsh chemicals such as fuel and oil. Never use your PFD as a seat cushion or a fender.

In Hawaii, children 12 and under must wear a properly fitting PFD while underway!

Hawaii now has a child life jacket wear law, like many states that have enacted mandatory life jacket wear for children 12 years old and younger. It is a good practice to encourage youngsters to wear life jackets at an early age and to continue to wear them into adulthood. As an adult, you should serve as an example. Today’s life jackets are lighter weight and more stylish than the bulky orange ones of the past. Purchase a life jacket that you and your family will wear despite the conditions.

Every person on board a personal watercraft (PWC) and any person being towed behind a vessel should wear a Coast Guard approved Type I, II, III or V PFD. Inflatable PFDs are not intended for use while participating in tow sports or other high impact sports.

Additional Equipment Requirements:

In addition to the minimum federal equipment requirements, some states may require additional safety gear to be carried aboard. Hawaii requires all recreational vessels going more than one mile off-shore to be equipped with a USCG approved Emergency Position Indicating Radio Beacon (406 MHz) or a VHF radio. The following are some additional recommended items:

Recommended Additional Safety Equipment!

• Compass and charts
• Marine VHF radio
• Anchoring equipment
• Bailing device
• Spare parts & tools
• Extra starting battery
• Oars or paddles
• Flashlight
• Spare fuel filters

PWCs are boats too, and must follow all equipment requirements for a Class A Vessel. In addition, all PWCs must be equipped with a lanyard engine cut-off device attached to the operator during operation.

Mufflers and Noise Levels:

An effective muffling system should be in place for the exhaust of each engine and should not be altered if the end result is that it makes overall engine operation louder.

In general, do not modify your factory exhaust if the result makes it louder!

Loud boat noise not only bothers other operators and users of the waterways, it also disrupts peace ashore because of sound’s ability to travel great distances over water. Excessive noise can also prevent a boat operator from hearing other boats’ sound signals and warnings and can prevent you from hearing approaching law or rescue personnel.

Requirements for Waste, Oil and Garbage Disposal:

• Federal regulations and equipment standards established jointly by the Federal Environmental Protection Agency and the U.S. Coast Guard govern the uses of marine sanitation devices (MSDs).
• All boats that have onboard toilet facilities must have a method to collect and contain all waste products, preventing it from entering surrounding waters. It is illegal to discharge sewage, treated or untreated, or any waste derived from sewage, into any water within the state jurisdiction of Hawaii.

All installed MSDs must be US Coast Guard certified
and have a “Y” valve in proper positioning!

• Type III MSDs will typically have a built-in holding tank with no external plumbing and cannot be pumped overboard. Type III MSDs must be pumped ashore at a proper facility.

It is illegal to dump oil or garbage into any Hawaii state waters!

• Discharge of fuel, oil or any oil product, including contaminated bilge water, is strictly prohibited. All boats 26 feet or longer must properly display a 5x8 inch Oily Waste Discharge placard near the bilge pump switch.
• All boats 26 feet or longer, when operating in waters under federal jurisdiction, must display an informational placard on the subject of federal marine pollution prevention laws. The placard must be 4x9 inches and placed in a location where crew and passengers can read it.

Mandatory Education and Age Requirements:

The state of Hawaii recommends that all operators be familiar with state and federal boating laws and regulations by taking a boating safety course. Check the state’s boating website at www.state.hi.us/dlnr/dbor/dbor.htm to find a classroom course taught by volunteers. Or, take an online course, such as the BoatU.S. Foundation’s boating safety course for general boating safety information and rules of the road.

Special Note Regarding Thrill Craft:
Effective January 2005, all recreational thrill craft operators (including PWC operators) shall be required to possess and make available upon demand of enforcement personnel, a certificate of completion from an accredited institution of higher education on the safe use and operation of a thrill craft. The BoatU.S. Online safety course does not meet this requirement.

Thrill Craft Age Restrictions:
No person under 15 years of age shall operate a thrill craft. No person shall permit, or mislead another person into permitting, a person under 15 years of age to operate a thrill craft.

Definition of Thrill Craft:
The definition of "thrill craft" is any motorized vessel that falls into the category of a personal watercraft and which:

• Is generally less than 13 feet in length as manufactured;
• Is generally capable of exceeding a speed of 20 miles-per-hour;
• Can be operated by a single operator, but may have the capacity to carry passengers while in operation;
• Or is designed to provide similar operating performance as a personal watercraft through a combination of size, power plant, and hull design.

The term "thrill craft" generally includes, but is not limited to, a jet ski, wave-runner, wet bike, surf jet, miniature speed boat, hovercraft, and every description of vessel which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion, and is designed to be operated by a person or persons sitting, standing, or kneeling on, or being towed behind the vessel.

At this time, Hawaii does not have any other operator restrictions for recreational watercraft. However, a good rule of thumb is to always go boating with a buddy. And, if you are under the age of 16, a competent adult should be present that can take immediate control in the event of an emergency.

Reckless & Negligent Operation:

Boat operators must exercise the degree of care necessary to prevent endangering life, limb, or property. Care shall be taken to operate any vessel so as not to bring harm to you, your passengers, and other boaters. The Coast Guard may impose a civil penalty for negligent operation and issue a fine or imprisonment, or both in the case of a grossly negligent act.

Some activities that may constitute negligent or grossly negligent operation:

• Operating a boat in a swimming area
• Operating a boat while under the influence of alcohol or drugs
• Excessive speed in the vicinity of other boats or in dangerous waters
• Hazardous water skiing practices
• Bowriding, or riding on a seatback, gunwale, or transom

Boat Speed Limits:

Boat speed limits are regulated by law for certain areas and conditions. When no speed limit is posted, operate your boat at a safe speed so that it will not endanger others. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity.

• The speed limit on all waters of the State is limited to a "slow-no wake" speed within 200 feet of any shoreline, float, dock, launch ramp, congested beach, swimmer, diver's flag, or anchored, moored or drifting vessel; and to a reasonable rate elsewhere.
• If operating your boat in a no wake zone and you cause damage to another person’s boat or property, you are responsible. Proceed slowly in these areas.
• In times of restricted visibility such as in fog, stormy conditions or nighttime operation, you must be able to stop your vessel within a distance appropriate to the prevailing circumstances and conditions.
• At all times, operators must be prepared to avoid a collision and have engines ready for immediate maneuvering.

Special Activities Restrictions and Considerations:

Many states regulate certain activities such as waterskiing and diving. For your safety, and for those who may be in the water, you should abide by these special laws.

Special Activities, Restrictions & Requirements:

• Boaters (and PWC operators) engaged in towing a water skier or similar device must have a competent observer or mirror which permits the operator to see the object being towed when that person is within the towboat wake on a 75 foot line.
• For Tow-in Surfing, both the PWC operator and the surfer must be certified by an accredited institution of higher education. The BoatU.S. Online safety course does not meet this requirement.
• Thrill craft operations shall be curtailed in certain designated areas to avoid adverse impacts on humpback whales or other protected marine life.
• Thrill craft used for tow-in surfing operations must clearly display a tow-in surfing decal provided by the Department of Land and Natural Resources.
• When operating a thrill craft for tow-in surfing, all operators shall tow-in a maximum of one person at any one time and carry on board the following:
  • a two-way communicating device
  • a rescue sled of required proportions
  • dive fins and a safety knife
  • a quick release tow-rope at least 30' in length
  • a bow tow-line a minimum of 6' long
• It is illegal to tow a skier or similar device between sunset and sunrise.
• PWC operation is prohibited from dusk to dawn. Restricted areas include Ocean Recreation Management areas.
• PWCs may not operate within 500 feet offshore or within the edge of the fringing reef.
• PWC operation may be restricted during whale season in some areas.
• PWC rental liveries must provide operation instruction.
• Vessels engaged in scuba diving and snorkeling must display a red and white diver down flag to mark their diving area. Other vessels should stay well clear of this area.
• Vessels engaged in diving activity and are restricted in their ability to maneuver, must hoist a blue and white alfa flag when conducting operations in federal and international waters.

Operating Under the Influence

State Boating Under the Influence (BUI) laws are becoming more stringent. As on the roadways, on-water enforcement officers may administer sobriety tests and conduct a blood alcohol content (BAC) examination.

In Hawaii:

• No person shall operate a vessel under the influence of alcohol or drugs.
• Boaters who have a BAC of 0.08% or greater are considered operating under the influence or OUI.
• Marine officers may utilize random safety BUI boarding inspections which may include a blood or breath test.
• Hawaii law may prescribe fines and jail times for those who violate state BUI laws.

Officer Authority, Compliance & Assistance

In Hawaii, officers of the Department of Land and Natural Resources (DLNR) have the authority to stop, halt or inspect vessels to enforce Hawaii and federal boating laws. The United States Coast Guard also has enforcement authority on federally controlled waters.

In Hawaii, marine agents have the authority to stop, halt or inspect vessels!

These officers also have the authority to terminate voyages, escort boaters ashore, or order boaters to the nearest moorage if an unsafe condition is found that cannot be corrected on the spot.

Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official to halt. When operating in an area of law enforcement activity, you should reduce speed and give a wide berth until beyond the area of operation of the law enforcement vessel.

Accident Reporting Requirements

Anyone involved in a boating accident that results in serious injury, drowning or disappearance must notify authorities as soon as possible. Operators involved in a boating accident that results in injury requiring medical assistance, death or disappearance of anyone involved must report the incident by quickest means of communication to a DLNR enforcement official, police officer or nearest police station.

Whenever a boating accident results in: (1) loss of life or the disappearance of any person; (2) injury causing any person to require medical treatment beyond first aid; or (3) actual damage to any vessel or to any other property in excess of $200, then the operator of the vessel shall submit within 48 hours of the happening thereof, and within seven days of every other accident, a report on a form furnished by the department.

Other State Boating Laws

Often times counties, cities and districts within a state will have different, more restrictive laws. Boating laws are subject to change and it is your responsibility to be informed of the law as it applies to you and your on-water activities. To be absolutely certain about specific boating laws in your state it is wise to contact your state boating agency.

It is Your Responsibility – Be Informed!

We provide this information as a service and strive to keep this website up to date. Please let us know of any inconsistencies by bringing them to our attention at once at onlinecourse@boatus.com. Resources for these pages include state statutes, state web pages and state approved boating guides. BoatU.S. is not responsible for any misinterpretation of the law or any change in the law that is not adequately reflected in these pages. Damages as a result of failing to abide by stated law shall not be the responsibility of BoatU.S., BoatU.S. Foundation or its employees.

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