2. Operation of Vessels

A. RULES OF THE ROAD:

The Department of Land and Natural Resources, Division of Boating and Recreation, Hawaii Administrative Rules for Boating and Rules for Shore Waters and Shores (as now or hereafter amended) are incorporated as a part of these Hawaii Kai Marina Rules and Regulations as appropriate, and shall govern the use of the marina, except as may otherwise be provided herein.

B. STATE REQUIRED BOATING SAFETY EDUCATION:

Effective 11/1/2014 all individuals who operate a motorized vessel (10 hp or more) in Hawaii State waters must have taken a boating safety course and be able to show proof via a certificate if asked by DLNR Officers. Hawaii Kai Marina Community Association members are not exempt from these rules.

Resources to obtain courses for safety and mandatory certification:


C. COURTESY MARINE EXAMINATIONS:

The U.S. Coast Guard Auxiliary will provide all boaters with a free safety check of your boat’s equipment covering Federal and State safety related requirements plus, additional standards recommended by the auxiliary. The examination is conducted only with the legal vessel owners consent. The examiners performing this service are all members of the Coast Guard Auxiliary who have been carefully trained to look for some of the more common problems which might occur in your boat or its associated safety related equipment. These safety inspections are strongly recommended for all boat owners of our Hawaii Kai Marina. You may access their Website at CGAux.org.


D. BOATING SAFETY:

Children under 13 years of age are required to wear a U.S. Coast Guard approved life jacket as required by State and Federal law. Bow riding is strictly prohibited. All vessels shall be kept in a safe and sanitary condition and shall comply with all applicable laws, ordinances, rules and regulations promulgated by any governmental authority. In the event that the Marina Manager determines that any vessel is in violation of the foregoing, and such violation continues for a period of more than seventy-two (72) hours after proper notice is given to the owner or operator of such vessel, the Marina Manager may revoke the Hawaii Kai Marina vessel registration and prohibit such vessel from entering, using or mooring in the marina unless and until necessary remedial action is taken to correct such violation.


  1. REGISTRATION:

      1. Only bonafide Hawaii Kai residents, Koko Marina boat slip tenants and designated commercial enterprises, approved by the marina staff may operate their vessels on the Hawaii Kai Marina. Guest boaters of waterfront residents are permitted in accordance with paragraph 10.

      2. No vessel shall be permitted to enter or remain within the marina without prior approval of the Marina Manager.

      3. Every vessel operating on the marina shall have its vessel registration renewed annually not later than the thirty first (31st) day of January. A late fee will be charged for late registration.

      4. A marina resident who is a tenant of a marina lot must provide the marina staff with documented proof of residence (i.e., copy of property closing statement, rental agreement, Hawaii Kai Marina fee billing statement, etc...) before registering a vessel. Either the owner of a waterfront lot or the renter of the waterfront lot may register a vessel for operations on the marina, but not both parties concurrently.

      5. All owners of power vessels required to be registered with the State of Hawaii or documented with the Coast Guard must provide the marina staff with a copy of the current year registration/documentation and proof of watercraft liability insurance in the minimum amount of $300,000.

      6. Vessels will not be registered unless all outstanding penalties, late fees, delinquent registration fees and marina fees/assessments are paid in full.

      7. Vessels deemed unsafe or unsanitary by the marina manager will not be registered.

      8. All vessels shall display the Hawaii Kai registration decal on both the port and starboard quarters (near the stern) so that registered and unregistered vessels can be readily identified. Small vessels such as inflatables, kayaks, canoes, SUP’s etc... should place the decals where they are most readily seen. Decals are the property of the Hawaii Kai Marina Association and can be removed from a boat by the marina staff, if directed by the Marina Manager

      9. Vessel registration fees will be approved by the Board of Directors as recommended by the Marina Manager.

      10. Marina waterfront residents may be allowed the privilege of sponsoring guest vessels to visit and use the marina, subject to such suspensions and other limitations as the Marina Manager may prescribe from time to time. Marina waterfront resident sponsors will be responsible for obtaining guest passes for visiting vessels prior to the visit. The waterfront resident must sign the guest pass application and certify that they will be responsible for the actions of the visiting vessels and embarked guests and also ensure that the guest vessel is operated in such a manner as to comply with the rules and regulations of the marina. Passes will be issued for a maximum of one guest pass per waterfront resident for a period of 10 days per month. Guest boats will not be authorized to conduct watersports, fishing or crabbing, on the marina and are restricted to slow/no wake speeds in all areas of the Marina.

      11. Commercial entities desiring the use of the marina may apply for a commercial water sport marina permit from the Marina Manager. The granting of such a permit by the Marina Manager shall be approved by the Board of Directors at their sole discretion.

      12. Legal owners of all vessels registered for operations in the marina must notify the marina staff upon the sale of their boat and remove the Hawaii Kai decal issued for the boat. Hawaii Kai Marina decals are not transferable.


  1. SIZE OF VESSELS:

No specific limitations on sizes and drafts of vessels are established by these Rules and Regulations due to the various depths and channel widths of the marina. Each vessel will be operated in the marina with due regard to safe navigation and prudent seamanship for clearances of waterway channel entrances to the marina, waterway clearances under bridges and to depths and widths of the numerous waterways throughout the marina.

  1. SPEED AND USE OF VESSELS:

      1. Inbound boats from Maunalua Bay transiting under the Kalanianaole Highway Bridge have the “right-of-way” over outbound boats. Outbound boats must wait in the marina until the inbound boat is clear of the bridge area.

      2. No vessel shall travel in excess of slow/no wake speeds unless within a designated water sport zone (see Exhibit B). The speed limit for all boats is limited to slow/no wake) from sunset to 8:00 a.m.

      3. No vessel shall be operated in a manner that creates an unreasonable wash or wake against docks or vessels moored to docks or seawalls.

      4. No vessel shall create unsafe wave action in the vicinity of small craft such as canoes, dinghies, kayaks, inflatables, row boats, etc...

      5. Racing of any power vessels in the marina is specifically prohibited.

      6. Power boat engine noise will be regulated at all times by boat operators so as not to create unnecessary noise levels on the marina. Vessels without mufflers or with dry stacks are prohibited in the marina.

      7. The rules herein governing speed and use of vessels will always be subject to such lower speeds as may be reasonable and prudent in the circumstances. Should the Marina Patrol see a vessel that is creating an excessive wake, or being operated in an unsafe manner, they will direct the operator to curtail or terminate his use of the marina. A report of this type of incident will be made to the Marina Manager.

      8. All boats over 21' in length are limited to slow/no wake speeds at all times on the marina.


  1. MOORING AND FLOATING DOCKS:

        1. All vessels moored in the marina shall be moored in accordance with the mooring zone as provided by Exhibit C.

        2. Floating docks may be constructed and installed in front of waterfront residences providing that they are approved by the Marina Manager and the appropriate local homeowner associations. No barrels allowed… drum type tubs for flotation are approved… Guidelines on construction of docks and the application permit process are available at the marina business office. DISCLAIMER. While it is our opinion that complying with the Boat Dock Guidelines will benefit all of our marina residents with respect to durability of docks and safety of navigation, it should be clearly understood that the HKMCA does not guarantee or warrant the effectiveness of the subject procedures and will not be responsible for any claims, damages or injury allegedly arising out of or in connection with compliance or failure to comply with these standards.

          The location of every boat dock in our marina will be subjected to variables of wind, tidal action and various boat types, sizes, and shapes, moored to the dock. Each boat dock design should be carefully constructed accordingly within the basic guidelines of the policy directive.

          That the homeowner permittee hereby recognizes the possibility that the structures authorized under the HKMCA permit may be subject to damage by wave wash from passing vessels. Authorization of the activity under this permit does not relieve the permittee from taking all proper steps to insure the integrity of the authorized structure and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the HKMCA liable for any such damage.

          That no attempt shall be made by the homeowner permittee to prevent the full and free use by those persons entitled to such use of the navigable waters at or adjacent to the activity authorized by this permit.

        3. The use of tires in the marina on boat docks and seawalls to moor boats is prohibited.


  1. NIGHT BOATING:

        1. Vessels that are to be used for night boating in the marina must have U.S. Coast Guard approved navigation lights installed which are fully operational and visible to other boaters in the marina between sunset and sunrise and during restricted visibility.

        2. The maximum speed limit for all vessels in the marina from sunset to 8:00 A.M. shall be limited to slow/no wake speeds.

        3. Be alert for any possible illegal unlit boats (including canoes and kayaks and any unlit low profile vessel) that could collide with your boat and cause serious injury.

        4. Night boating requires an excellent understanding of marina navigation and a basic sound knowledge of seamanship. The extra precautions in operating your boat at night on the marina cannot be emphasized enough.


  1. RESIDENTIAL USE OF BOATS:

No vessels shall be used for any residential (live-aboard) purposes in any area of the marina.


  1. FUEL LOADING:

The loading or proper use of U.S. Coast Guard approved fuel containers of six (6) gallons or less is authorized for refueling small craft. The refueling of larger power boats by 55 gallon fuel drums is prohibited. Due regard for the conduct of safe refueling practices to preclude the pollution of our marina from fuel spills is mandatory.


  1. HANCOCK BOAT LANDING:

        1. Boat launching and recovery operations may be conducted from Hancock Landing.

        2. Boats launched or recovered from Hancock Landing must have a current valid Hawaii Kai Marina decal for their boat and trailer.

        3. Parking of trucks, cars, boat trailers and boats, at Hancock Landing is limited to a maximum of 48 hours. Violation of this regulation can result in a penalty fine and/or the towing of your boat and trailer, at the owners expense to another location. The landing is open for operations from 7:00 A.M. and closed at 9:00 P.M.

        4. Vehicles and boat trailers parked at Hancock Landing must be parked on the asphalt/black top area. Parking on the grass areas is prohibited as it will damage the sprinkler system.

        5. Boat engine repair, cleaning, hull painting or cleaning, is prohibited at the landing.