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Act 169. Harbors.

ACT 169

AN ACT

To AMEND CHAPTER 49 OF THE REVISED LAWS OF HAWAII,

1915, RELATING TO HARBORS, BY AMENDING SECTIONS 683, 685, 687 AND 691, AND BY ADDING ONE NEW SECTION THERETO TO BE KNOWN AS SECTION 691A.

Be it Enacted by the Legislature of the Territory of Hawaii :

SECTION 1. Section 683 of the Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

“Section 683. Board of harbor commissioners. Except as otherwise provided by law, all ocean shores below mean high water mark, shore waters and navigable streams, and all harbors and roadsteads, and all harbor and waterfront improvements, belonging to or controlled by the Territory of Hawaii, and all shipping within such harbors, roadsteads, waters and streams shall be under the care and control of a board of harbor commissioners. Said board shall consist of five members, one of whom shall be the superintendent of public works of the Territory who shall be chairman, ex officio, and four shall be appointed by the governor as provided in Section 80 of the Organic Act. Such commissioners shall be appointed for terms of four years or the unexpired periods thereof, in such manner that the terms of two commissioners shall expire every second year. Said terms shall begin on the first day of July. Provided, however, that upon the first appointments, two of said commissioners shall be appointed for terms ending June 30, 1913, and two for terms ending June 30, 1915."

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SECTION 2. Section 685 of the Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

“Section 685. Powers and duties of board. Except as otherwise provided by law, said board shall have and exercise all

Act 169. Harbors.

the powers and shall perform all the duties which may lawfully be exercised by or under the Territory of Hawaii relative to the control and management of the shores, shore waters, navigable streams, harbors, harbor and waterfront improvements, ports, docks, wharves, quays, bulkheads and landings belonging to or controlled by the Territory, and the shipping using the same, and shall have the authority to use and permit and regulate the use of the wharves, piers, bulkheads, quays and landings belonging to or controlled by the Territory for receiving or discharging passengers and for loading and landing merchandise, with a right to collect wharfage and demurrage thereon or therefor, and, subject to all applicable provisions of law, to fix and regulate from time to time rates for services rendered in mooring vessels, charges for the use of moorings belonging to or controlled by the Territory, rates or charges for the services of pilots, wharfage or demurrage, rents or charges for warehouses or warehouse space, for office or office space, for storage of freight, goods, wares and merchandise, for storage space, for the use of donkey engines, derricks or other equipment belonging to the Territory, under the control of the board, and to make other charges except toll or tonnage charges on freight passing over or across wharves, docks, quays, bulkheads or landings. The board shall likewise have power to appoint and remove clerks, wharfingers and their assistants, pilots and pilot boat crews and all such other employees as may be necessary, and to fix their compensation; to make rules and regulations pursuant to this chapter and not inconsistent with law; and generally shall have all powers necessary fully to carry out the provisions of this chapter.

All moneys appropriated for harbor improvements, including new construction, reconstruction, repairs, salaries and operating expenses, shall be expended under the supervision and control of the board, subject to the provisions of this chapter and of Chapter 100.

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Act 169. Harbors.

All contracts and agreements authorized by law to be entered into by the board shall be executed on its behalf by its chair

man.

The board shall prepare and submit annually to the governor a report of its official acts during the preceding calendar year, together with its recommendations as to harbor improvements throughout the Territory.”

SECTION 3. Section 687 of the Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

“Section 687. Rules and regulations. The board may from time to time make, alter, amend and repeal such rules and regulations not inconsistent with law as it may deem necessary respecting the manner in which all vessels may enter and moor, anchor or dock in the shore waters, navigable streams, harbors, ports and roadsteads of the Territory, or move from one dock, wharf, bulkhead, quay, landing, anchorage or mooring to another within such waters, streams, harbors, ports or roadsteads; the examination, guidance and control of pilots and harbor masters and their assistants, and their conduct while on duty; the embarking or disembarking of passengers; the expeditious and careful handling of freight, goods, wares and merchandise of every kind which may be delivered for shipment or discharged on the wharves, docks, quays, bulkheads or landings belonging to or controlled by the Territory; and defining the duties and powers of carriers, shippers and consignees respecting passengers, freight, goods, wares and merchandise in and upon such wharf, landing, dock, quay or bulkhead. The board may also make further rules and regulations for the safety of the docks, wharves, landings, quays, bulkheads and harbor and waterfront improvements belonging to or controlled by the Territory.

Said board may also, from time to time, make, alter, amend and repeal such rules not inconsistent with law as shall be deemed necessary for the proper regulation and control of all shipping in the harbors, shore waters and navigable streams be

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longing to or controlled by the Territory, and of the entry, departure, mooring and berthing of vessels therein, and for the regulation and control of all other matters and things connected with shipping in all such harbors, shore waters and navigable streams; and rules and regulations to prevent the throwing into such harbors, shore waters and navigable streams, of rubbish, refuse, garbage or other substances liable to make such harbors, shore waters and navigable streams unsightly, unhealthful or unclean, or liable to fill up or shoal or shallow such harbors, shore waters and streams, and likewise to prevent the escape of fuel or other oils into such harbors, shore waters and streams, either from any vessel or from pipes or storage tanks upon the land.

Any rules and regulations so made shall be published by said board in the manner prescribed for the promulgation of the laws of the Territory, and upon such publication shall have the force and effect of law."

SECTION 4. Section 691 of the Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

“Section 691. Wharfage. All such water craft as shall lie idle alongside any wharf, pier, bulkhead, quay or landing belonging to or controlled by the Territory, and all such water craft as shall discharge or receive freight or passengers on or from any wharf, pier, bulkhead, quay or landing, belonging to or controlled by the Territory, while made fast or lying alongside of the same, shall pay to the said board such rates of wharfage as shall be fixed by said board, not exceeding two cents per ton per diem on the net registered tonnage of the vessel.

All such water craft as shall receive or discharge freight or passengers (1) from or upon any such wharf, pier, bulkhead, quay or landing by means of boats, lighters or otherwise, while lying at anchor or under steam in any bay, harbor or roadstead, or (2) while lying in any slip or dock belonging to or controlled by the Territory, but not made fast to or lying alongside of any

Act 169. Harkors.

wharf, pier, bulkhead, quay or landing, shall pay such rates of wharfage as shall be fixed by said board not exceeding one cent per ton per diem on the net registered tonnage of the vessel. Any water craft that shall leave any such wharf, pier, bulkhead, quay, landing, slip, dock, basin or waters without paying its wharfage and other charges, with intent to evade the payment thereof, shall be liable to pay double rates.”

SECTION 5. A new section is hereby added to the Revised Laws of Hawaii, 1915to be known as Section 691A, as follows:

“Section 691A. Demurrage, lien, foreclosure. When any freight shall have remained upon any wharf, pier, bulkhead, quay or landing for more than twenty-four hours, the board may, in its discretion, make such demurrage charges for each subsequent day or part thereof as in its opinion are just and equitable.

The amount payable by any shipper or consignee for demurrage or other charges in respect of any freight shall be a lien on the same, and the board, its officers, employees or servants may take and hold possession of any such freight to secure the payment of such amount, and for the purpose of such lien, shall be deemed to have possession of such freight until such amount shall be paid. If the charges due on such freight shall not be paid within thirty days after being landed, the board may sell the same at public auction and out of the proceeds retain the charges accrued, including the costs of advertisement and sale, which latter shall be pro rated upon the articles or lots advertised in proportion to the amount received for each article or lot. Before any such sale is made, the board shall publish a notice of the time and place of sale at least once each week for three successive weeks in some newspaper of general circulation printed and published in the county in which the place is located to which such freight is consigned or addressed, or if no such newspaper is printed and published therein, by

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