RELATING TO PORT PILOTAGE.

SB3102

THE SENATE

S.B. NO.

3102

THIRTY-THIRD LEGISLATURE, 2026

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:

����
"
�462A-
��
Duties of the director of transportation;
consultation.
�
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 a
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)
�
[
Adopt,
]

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
,
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)
�
[
Develop
]

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 [
or the
department of transportation's harbors division
].
�
Licensing requirements shall include examinations
and investigations to determine whether persons applying for full port pilot[
,
]
or deputy port pilot licenses are qualified;

����
(4)
�
Enforce
this chapter and rules adopted pursuant thereto;

����
(5)
�
[
Suspend,
]

In consultation with the department of transportation, suspend,
revoke
,

or deny the issuance of any license for any cause prescribed by this chapter,
or for any violation of [
the
] rules[
;
]
adopted hereto;

����
(6)
�
Investigate
any person for violations of [
any provisions of
] this chapter[
;
]
and
rules adopted thereto;

����
(7)
�
Adopt
methods to improve disciplinary and enforcement programs against violations of this
chapter[
;
]
and

rules adopted hereto;
and

����
(8)
�
[
Do
]

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:

����
"[
[
]
�462A-3.5
[
]
]
�
Adequate supply of licenses.

�
(a)
�
The
director
, 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) [
The
]
In making a
recommendation to the
director,
the

department of transportation,

in consultation with users of pilotage services[
, the department of
transportation's harbors division,
] and the professional association of
port pilots in the State
,
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 directo
r
, 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[
,
] United States Code[
,
] chapter 71."

����
SECTION 5.
�

Section 462A-11, Hawaii Revised Statutes, is amended to read as follows:

����
"
�462A-11
�
Rates of pilotage
.
�
[
The
]
Notwithstanding any law to the
contrary, the
director
, 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.

����
(2)
�
No
rate shall be increased, lowered, or altered without a public hearing in
accordance with chapter 91.
�
Due notice
of hearing shall be mailed at least thirty days prior to 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.

����
(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.

����
(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 [
which
]
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 [
of America
] to be
under the direction and control of a federally licensed pilot;

����
(2)
�
Public
vessels of the United States [
of America
];

����
(3)
�
Fishing
vessels that have been issued a fishery license or appropriately endorsed
registry under the laws of the United States [
of America
];

����
(4)
�
Tugs
or towboats of 1,600 gross tons or less [
which
]
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 [
which
]
that
the vessel is traversing; or

����
(5)
�
Vessels
under 300 gross tons.

����
This section provides minimum pilotage
requirements, and [
is not intended
]
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 [
does
]
shall
it
be
construed to
limit the [
department's
]
department of transportation's

right to require additional pilotage should [
that
]
the
department

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.

INTRODUCED BY:

_____________________________

BY REQUEST

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 pilot licensure standards,
requirements, and criteria.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.