Rules of the Road
§13-244-1 Standard: Due Care. Vessels shall at all times be operated with due care for the rights and safety of persons and property.
§13-244-2 Rules of the road. (a) Persons operating vessels on inland waters shall comply with the U. S. Coast Guard Navigation Rules, COMDTINST M16672.2B, as they existed on August 17, 1990, and as amended thereafter, which by reference are incorporated in this chapter.
§13-244-3 General prudential rule. In obeying and construing the rules in this chapter, due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the rules necessary in order to avoid immediate danger.
§13-244-7 Careless operation. No person shall operate any vessel in a careless or heedless manner so as to be grossly indifferent to the person or property of other persons, or at a rate of speed greater than will permit that person in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead.
§13-244-8 Reckless operation. No person shall operate any vessel in a willful or wanton disregard for the safety of persons or property.
§13-244-9 Speed restrictions. (a) The speed of all vessels on the waters of the State shall be limited to a slow-no-wake speed so as to create no wake of appreciable wave height, when within two hundred feet of any: Shoreline; Float; Dock; Launching ramp; Congested beach; Swimmer; Diver's flag; or Anchored, moored or drifting vessel.
(b) No person shall operate a vessel at a rate of speed greater than is reasonable having regard to conditions and circumstances such as the closeness of the shore and shore installations, anchored or moored vessels in the vicinity, width of the channel, and if applicable, vessel traffic and water use, or as posted by buoy or sign.
NOTE: The slow-no wake requirement in proximity to the shoreline is different for thrill craft. According to §13-256-17, thrill craft operators shall not exceed a speed of slow-no-wake when within three hundred feet of the shoreline.
§13-244-40 Vessel operation in proximity of humpback whales. (a) No person shall approach by any means, or operate a vessel or other type of watercraft, or cause a vessel or other type of watercraft to approach within one hundred yards of any humpback whale within the waters of the State.
(b) No person shall approach by any means, or operate a vessel or other type of watercraft, or cause a vessel or other type of watercraft to approach within three hundred yards of any humpback whale within designated cow/calf areas.
(c) Federal regulations governing the approach of humpback whales in Hawaiian waters as contained in 50 CFR, PART 222, Subpart D, Section 222.31.
50 CFR § 216.20 Special restrictions for Hawaiian spinner dolphins.
(A) APPLICABILITY. The following special restrictions designed to protect Hawaiian Spinner Dolphins apply:
(1) In all waters within 2 nautical miles of the main Hawaiian Islands, and
(2) In all waters bounded by the islands of Lana‘i, Maui, and Kaho‘olawe (coordinates of boundary line provided in the official CFR).
(B) PROHIBITIONS. Except as noted in paragraph (c) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or to cause to be committed any of the following:
(1) Approach or remain within 50 yards of a Hawaiian spinner dolphin by any means;
(2) Swim within 50 yards of a Hawaiian spinner dolphin;
(3) Cause a vessel, person, or other object to approach or remain within 50 yards of a Hawaiian spinner dolphin; or
(4) Intercept or place a vessel, person, or other object in the path of a Hawaiian spinner dolphin so that the dolphin approaches within 50 yards of the vessel, person, or object.
Please refer to 50 CFR § 216.20 for a list of exemptions to this regulation.
