THE SENATE
S.B. NO.
3102
THIRTY-THIRD LEGISLATURE, 2026
S.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PORT PILOTAGE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 462A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"[Underlined: §462A- ] [Underlined: Duties of the director of transportation; consultation.][Underlined: The director of transportation or the director's designee shall provide information, data, reports, and other consultative input to the department of commerce and consumer affairs, as requested, for the establishment of port pilot licensure standards, requirements, and criteria under this chapter. The consultative input shall include, at minimum, examinations, the number of pilots necessary to maintain an efficient pilotage service, pilot fees, and other rules to ensure safe pilotage in the State's commercial ports.]"
SECTION 2. Section 462A-3, Hawaii Revised Statutes, is amended to read as follows:
"§462A-3 Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall:
(1) Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;
(2) [[Struck through: Adopt,]] [Underlined: In consultation with the department of transportation, adopt,] amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter[Underlined: ,] which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of this State; maintain a pilotage system devoted to the preservation, and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;
(3) [[Struck through: Develop]] [Underlined: In consultation with the department of transportation, develop] appropriate standards for licensure and renewal of licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services [[Struck through: or the department of transportation's harbors division]]. Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot[[Struck through: ,]] or deputy port pilot licenses are qualified;
(4) Enforce this chapter and rules adopted pursuant thereto;
(5) [[Struck through: Suspend,]] [Underlined: In consultation with the department of transportation, suspend,] revoke[Underlined: ,] or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of [[Struck through: the]] rules[[Struck through: ;]] [Underlined: adopted hereto;]
(6) Investigate any person for violations of [[Struck through: any provisions of]] this chapter[[Struck through: ;]] [Underlined: and rules adopted thereto;]
(7) Adopt methods to improve disciplinary and enforcement programs against violations of this chapter[[Struck through: ;]] [Underlined: and] [Underlined: rules adopted hereto;] and
(8) [[Struck through: Do]] [Underlined: In consultation with the department of transportation, do] all things reasonable, necessary, and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this chapter."
SECTION 3. Section 462A-3.5, Hawaii Revised Statutes, is amended to read as follows:
"[[Struck through: []]§462A-3.5[[Struck through: ]]] Adequate supply of licenses. (a) The director[Underlined: , in consultation with the department of transportation,] shall determine the number of pilots necessary to maintain an efficient pilotage service in accordance with this chapter.
(b) [[Struck through: The]] [Underlined: In making a recommendation to the] director, [Underlined: the] [Underlined: department of transportation,] in consultation with users of pilotage services[[Struck through: , the department of transportation's harbors division,]] and the professional association of port pilots in the State[Underlined: ,] shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce."
SECTION 4. Section 462A-8, Hawaii Revised Statutes, is amended to read as follows:
"§462A-8 Denial, suspension, or revocation. In addition to any other actions authorized by law, the director[Underlined: , in consultation with the department of transportation,] may deny the issuance of a license to any applicant, and may suspend or revoke the license of any pilot for any cause authorized by law, including but not limited to the following:
(1) Violation of this chapter or any rule adopted by the director;
(2) Loss, damage, or injury due to negligent pilotage;
(3) Habitual use of any substance rendering a pilot unfit to be entrusted with the charge of a vessel;
(4) Inability to physically or mentally perform the duties of a pilot;
(5) Failure to maintain active service as a pilot in the State;
(6) Procurement of a license through fraudulent misrepresentation or deceit;
(7) Participation in any unfair or deceptive act or practice as prohibited by section 480-2;
(8) Violation of any law or rule intended to promote marine safety or protect navigational waters;
(9) Failure to report marine accidents in accordance with the rules of this chapter; or
(10) Failure to maintain a current and valid federal pilots license issued in accordance with title 46[[Struck through: ,]] United States Code[[Struck through: ,]] chapter 71."
SECTION 5. Section 462A-11, Hawaii Revised Statutes, is amended to read as follows:
"§462A-11 Rates of pilotage. [[Struck through: The]] [Underlined: Notwithstanding any law to the contrary, the] director[Underlined: , in consultation with the department of transportation,] shall establish the rates of pilotage for vessels subject to this chapter as follows:
(1) The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director pursuant to this chapter[[Struck through: .]][Underlined: ;]
(2) No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91[[Struck through: . Due]] [Underlined: and due] notice of [Underlined: a] hearing shall be mailed at least thirty days [[Struck through: prior to]] [Underlined: before] the date of hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department[[Struck through: .]][Underlined: ;]
(3) The director, in setting rates of pilotage, shall fix such amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States[[Struck through: .]][Underlined: ; and]
(4) Persons aggrieved by the director's decision setting the rates of pilotage may appeal to circuit court as provided in chapter 91."
SECTION 6. Section 462A-18, Hawaii Revised Statutes, is amended to read as follows:
"§462A-18 Vessels required to take a pilot. Every vessel, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director of transportation to be in immediate danger of destruction or [[Struck through: which]] [Underlined: that] poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available."
SECTION 7. Section 462A-19, Hawaii Revised Statutes, is amended to read as follows:
"§462A-19 Exempt vessels. This chapter does not apply to:
(1) Any vessel required by the laws of the United States [[Struck through: of America]] to be under the direction and control of a federally licensed pilot;
(2) Public vessels of the United States [[Struck through: of America]];
(3) Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States [[Struck through: of America]];
(4) Tugs or towboats of 1,600 gross tons or less [[Struck through: which]] [Underlined: that] are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water [[Struck through: which]] [Underlined: that] the vessel is traversing; or
(5) Vessels under 300 gross tons.
This section provides minimum pilotage requirements, and [[Struck through: is not intended]] [Underlined: shall not be construed] to negate the department of transportation's responsibility for the safety of all ports and shore waters in the State, nor [[Struck through: does]] [Underlined: shall] it [Underlined: be construed to] limit the [[Struck through: department's]] [Underlined: department of transportation's] right to require additional pilotage should [[Struck through: that]] [Underlined: the] department [Underlined: of transportation] determine it is necessary to ensure safety in the ports or shore waters of the State."
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
Report Title:
DOT; DCCA; Port Pilots; Licensure
Description:
Clarifies the consulting role and responsibilities of the Department of Transportation in the Department of Commerce and Consumer Affairs' development and implementation of port pilot licensure standards, requirements, and criteria. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.