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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Location. The following commercial harbors are safety zones:
(1) All waters of Nawiliwili Harbor, Kauai inland from a line drawn between 21° 56'58” N, 159° 21'28” W and 21° 57'11” N, 159° 21'10” W;
(2) All waters of Port Allen, Kauai immediately adjacent to the Department of Transportation commercial pier (located at 21° 53'59” N, 157° 35'21” W) extending out to 100 yards from the piers faces;
(3) All waters of Barber's Point Harbor, Oahu inland from a line drawn between 21° 19'30” N, 158° 07'14” W and 21° 19'18” N, 158° 07'18” W;
(4) All waters of Honolulu Harbor, Oahu inland from a line drawn between 21° 17'56” N, 157° 52'15” W and 21° 17'45” N, 157° 52'10” W;
(5) All waters of Kaunakakai Harbor, immediately adjacent to the Interisland Cargo Terminal or Ferry Terminal Pier out to 100 yards of the west face of the pier;
(6) All waters of Kaumalapau Harbor, Lanai inland from a line drawn between 20° 47'10” N, 156° 59'32” W and 21° 47'01” N, 156° 59'31” W;
(7) All waters of Kahului Harbor, Maui inland from a line drawn between 20° 54'01” N, 156° 28'26” W and 20° 54'02” N, 156° 28'18” W;
(8) All waters of Kawaihae Harbor, Hawaii immediately adjacent to commercial piers 1 and 2 extending out to 100 yards from the piers faces.
(9) All waters of Hilo Harbor, Hawaii immediately adjacent to commercial piers 1 and 2 extending out to 100 yards from the piers faces.
(10) The activation of these safety zones may include any combination of these harbors, or all of these harbors, dependent upon details in the tsunami warning. These safety zones extend from the surface of the water to the ocean floor.
(b) Regulations. When the safety zones are activated and, therefore, subject to enforcement, no person or vessel may enter or remain in the safety zone except for support vessels, support personnel, and other vessels authorized by the Captain of the Port, Sector Honolulu (COTP), or a designated representative of the COTP. All commercial vessels must evacuate the harbor and transit seaward beyond the 50 fathom (300 foot) curve. These commercial harbors will remain closed to all transiting vessels until the Captain of the Port Honolulu lifts the evacuation order. All other applicable regulations in 33 CFR 165 remain in effect and subject to enforcement. You may contact the Coast Guard on VHF Channel 16 (156.800 MHz) or at telephone number 808–842–2600 to obtain clarification on safety zone transits and locations. Coast Guard patrol boats will be enforcing the safety zones and providing on-scene direction. Any vessel not capable of evacuating must contact the Coast Guard Sector Command Center at (808) 842–2601 to request a waiver from evacuating the harbor.
(c) Enforcement period. Paragraph (b) of this section will be enforced when a tsunami warning has been issued for the Hawaiian Islands. The COTP will notify the public of any enforcement through the following means to ensure the widest publicity: Broadcast notice to mariners, notices of enforcement, press releases and the Coast Guard's Homeport Web site. Following the passage of the tsunami or tsunami threat and harbor assessments as required, de-activation of these safety zones will be conducted through radio broadcast by the U.S. Coast Guard.
(d) Penalties. Vessels or persons violating this rule would be subject to the penalties set forth in 46 U.S.C. 123270036.
Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.165.1415 Safety Zones; Hawaiian Islands Commercial Harbors; HI - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-165-1415.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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