Hawaii Revised Statutes

Haw. Rev. Stat. § 266-1 (2026)

Department of transportation; harbors; jurisdiction

✓ current as of July 2026

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[PART I. GENERALLY]

Revision Note

Part I designation added by revisor in view of addition of Part II by L 1980, c 126, §2.

§266-1 Department of transportation; harbors; jurisdiction. All commercial harbors and roadsteads, and all commercial harbor and waterfront improvements belonging to or controlled by the State, and all vessels and shipping within the commercial harbors and roadsteads shall be under the care and control of the department of transportation.

For the purpose of this chapter, "commercial harbor" means a harbor or off-shore mooring facility which is primarily for the movement of commercial cargo, passenger and fishing vessels entering, leaving, or traveling within the State, and facilities and supporting services for loading, off-loading, and handling of cargo, passengers, and vessels. [L 1911, c 163, §1; am L 1915, c 169, §1; ratified, March 28, 1916, c 54, 39 Stat 39; RL 1925, §832; RL 1935, §1730; am L 1941, c 142, §1; RL 1945, §4981; am L 1951, c 22, §1; RL 1955, §112-1; am L Sp 1959 2d, c 1, §26; HRS §266-1; am L 1985, c 104, §1; am L 1986, c 57, §1; am L 1991, c 272, §8]

Cross References

Functions, generally, see §26-19.

Attorney General Opinions

Title to land formerly below high-water mark reclaimed by riparian owner belongs to State. Att. Gen. Op. 62-16.

Case Notes

State has care and control of all water and ocean below the high-water mark (or vegetation line). 66 H. 55, 656 P.2d 1336 (1982).

Cited: 73 H. 359, 833 P.2d 70 (1992).

Notes of Decisions

Cited in 4 cases, 1961–2010 · leading case: Littleton v. State, 656 P.2d 1336 (Haw. 1982).

Sort: Relevance Newest Treatment

Littleton v. State, 656 P.2d 1336 (Haw. 1982). · cites it 21× “The plaintiff alleged in her complaint against the State that the waters where the accident occurred were under the care and control of the State pursuant to HRS § 266-1 (1968). She also alleged that the State had actual and constructive notice that logs were frequently and…”

Birmingham v. Fodor's Travel Publications, Inc., 833 P.2d 70 (Haw. 1992). · cites it 4× “11 HRS § 266-1 (1985) provides: All ocean shores below mean highwater mark, shore waters and navigable streams, and all harbors and roadsteads, and all harbor and waterfront improvements, belonging to or controlled by the State, and all shipping within the harbors, roadsteads,…”

Kewalo Ocean Activities v. Ching, 243 P.3d 273 (Haw. App. 2010). · cites it 20× “PLAIN LANGUAGE KOA contends the circuit court erred in granting the State’s MSJ because based on the clear and unambiguous language of HRS §§ 266-1 (2007 Repl.) and 266-2(b) (2007 Repl.”

State v. Hale, 367 P.2d 81 (Haw. 1961). · cites it 3× “Burglary in the First Degree is defined by two sections of the Revised Laws of Hawaii 1955, as follows: “§ 266-1. Defined. Whoever, by night or day, enters the dwellinghouse, room, building, store, mill, warehouse, outhouse, or vessel of another, with intent to commit larceny in…”

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