Beginning November 10, 2014, all individuals operating motorized vessels in Hawaii's state waters must have a boating safety certification. A 2007 study showed states with mandatory boating education had the lowest boating fatality rates. Hawaii had the fifth highest fatality rate in the study and the second highest in 2011. The new rule aims to improve water safety similar to licensing requirements for driving. Acceptable boating safety courses must be approved by NASBLA and Hawaii. A variety of online, home study, and classroom courses will be available to meet the requirements.

1. DEPARTMENT OF LAND AND NATURAL RESOURCES
BOATING AND OCEAN RECREATION DIVISION
MANDATORY BOATING SAFETY EDUCATION Q&A
Beginning 11/10/2014, all individuals who operate a motorized vessel in Hawaii's State
waters must have taken a boating safety course and show proof of certification.
Q. Why does DLNR believe the mandatory education rule is necessary?
A. A study released in 2007 by the National Association of Boating Law Administrators
(NASBLA) showed that states with the longest history of mandatory education had the lowest
boating fatality rates. For most of the boating safety community, this study was conclusive
evidence that mandatory boating education saves lives. Statistics are provided in the NASBLA
press release entitled “Boating Education Requirements Do Make a Difference.” The study also
indicated that the longer boating education requirements are in place, the lower the fatality rates
become. The states with no boating education requirements in place have the highest average
fatality rates. The states that have had boating education requirements in place for more than 20
years have an average fatality rate of 3.89 persons per 100,000 registered boats. Hawaii is
mentioned in the study as a state that has some form of mandatory education (for all thrill craft
operators only) with a fatality rate of 10.46 per 100,000 recreational vessels. Hawaii ranked fifth
on the list of highest fatality rates in the year the study was finalized. In 2011, Hawaii had a
fatality rate of 44 per 100,000 vessels, second worse in the nation. The Department’s goal in
establishing this new rule is to improve on-the-water safety for all ocean users. The proposed
mandatory education requirement for boating on State waters is very similar in nature and intent
to the licensing of drivers wishing to operate a motor vehicle on our city streets and highways.
Although the perception is that the ocean is a very big area, there are many times and many
waterways where boats come in close proximity to other vessels, the shoreline, swimmers,
divers, etc. and every operator should know the established rules of the road to avoid causing
injury or death.
Q. How soon will the rule be enforced?
A. The Governor signed the new administrative rule on October 30, 2012. It became effective on
November 10, 2012. Enforcement of the new rule will begin on the second anniversary of the
rule’s effective date, on November 10, 2014. After that date in 2014, boaters will be required to
show proof of certification to enforcement officers.
Q. Who does this rule apply to?
A. The rule applies to all boaters unless they and/or the vessels being used fall under one of the
exemptions mentioned in the new rule (see “Who is exempt” below). Anyone who is capable of
successfully completing a NASBLA and State approved boating safety course may operate a

2. vessel. However, operators under 16 years of age (in addition to having the required certificate
of completion) must be directly supervised by an adult 21 years of age or older who also holds
the required certificate of completion.
Q. What types of vessels does the rule apply to?
A. Any power driven vessel propelled by a motor greater than 10 horsepower, even vessels
propelled primarily by wind/sail that are equipped with an auxiliary engine.
Q. Where is it applicable?
A. All navigable State waters from the high water mark on shore to three miles at sea.
Q. Who is exempt?
A. The rule provides an exemption for individuals who: 1) possess a valid merchant mariner
credential issued by the United States Coast Guard, (2) operate a thrill craft in a commercial
thrill craft zone as authorized by the State, 3) operate a vessel powered by a motor rated at 10
horsepower or less, 4) are on a voyage originating out of State and will remain in the State less
than 60 calendar days, or 5) received a safety briefing approved by the State and are operating a
rented vessel. As of this writing, the rule does not provide exemptions for ocean safety
personnel, federal/state/county personnel, lifeguards, marine enforcement, researchers, etc.
Q. How will it be enforced?
A. Ҥ13-244-15.5 Operation of power driven vessels. (d) A person who is operating a power
driven vessel on any waters of the State and who is stopped by a law enforcement officer shall
present to the officer, upon request, a certificate of completion required by this rule or acceptable
evidence of exemption from the required certificate. Failure to present a certificate of completion
or acceptable evidence of exemption shall constitute a violation of this rule, unless the person
presents the required certificate or evidence of exemption to a court of law and satisfies the court
that this person held a proper certificate or was exempt at the time the person was asked to
produce the certificate. (e) A person who alters, forges, counterfeits or falsifies a certificate or
other document used as evidence, or who possesses a certificate or other document that has been
altered, forged, counterfeited or falsified, or who loans or permits that person’s certificate or
other document to be used by another person, shall be in violation of this rule.
Q. What is the penalty for a violation of this requirement?
A. Any person violating this rule shall be fined not less than $50 and not more than $1000 or
sentenced to a term of imprisonment of not more than thirty days, or both, for each violation; the

3. court may also prevent an individual from operating a vessel in State waters of the State for up to
30 days.
Q. What are the compliance requirements for an acceptable course?
A. Acceptable courses must be NASBLA and State of Hawaii approved.
Q. Does the Windward Community College thrill craft certification class qualify as an
acceptable course?
A. No. The WCC thrill craft operator’s class is not NASBLA approved. If a graduate of the class
has taken no other boating safety class that meets the compliance criteria, he/she will need to do
so before enforcement of the rule begins in 2014.
Q. What Internet courses are or will be available?
A. DOBOR is fostering a proliferation of courses so that Hawaii residents have an abundance of
choices for acquiring a boating certificate of completion. Choices will include Internet-based,
home study and classroom courses. One fully compliant class already available via the Internet
through BoatUS.org is free. At completion of the BoatUS.org course, the student can print a
certificate of completion that will be acceptable for compliance. If unable to print the certificate,
BoatUS.org will send a copy of your certificate to you for $5.00. Certification through
BoatUS.com is also available but there is a fee associated with this course.
Another online course through BoaterExam.com is nearing completion. The course will cost
approximately $50. Finalizing the BoaterExam.com course and publishing it on-line will also
result in producing a companion manual available for each student to retain (following
completion of the course) for future reference.
Q. Will there be an independent or home-study course available?
A. The BoaterExam.com companion manual can also be used as a home study course that can be
completed with a proctored test arranged with DOBOR staff. DOBOR will pursue development
of another home study course developed by Outdoor Empire Publishing. DOBOR will be
scheduling proctored tests for students and issuing certificates of completion for this course as
well.
Q. What about classroom courses or a course that I have taken previously?

4. A. DOBOR will make use of classroom courses that are approved by the National Association of
Boating Law Administrators (NASBLA) and are already servicing Hawaii residents. Two basic
boating courses exist. US Coast Guard Auxiliary (USCG Aux) offers one course throughout the
islands. The US Power Squadrons (USPS) offers the other course only on Oahu. These two
existing courses will be modified for Hawaii residents to include “state specific information” and
become compliant with the proposed mandatory education rule.
Approximately 85% of every NASBLA approved State boating safety course must contain the
same content and meet the same presentation standards dictated by NASBLA. The content for
the remaining 15% of a NASBLA approved State boating course is set by the regulating State.
Each State has its own rules and regulations regarding vessel registration, prohibitions, carriage
requirements, exemptions, enforcement, etc. This collection of rules particular to this State is
what is known as the “state specific information.” Incorporating the state specific information
into the NASBLA approved course offered by the USCG Aux and the USPS creates a hybrid
course tailored for use by that specific state.
DOBOR has completed development of the “module” of State specific rules for distribution to
all NASBLA approved courses for Hawaii. The course providers will incorporate the module
into their existing courses as soon as able and submit it for approval by the State. Anyone who
has already passed a USCG Aux or USPS course prior to incorporation of the State specific
content will be able to take an abbreviated course just on the materials in the module. This
should greatly reduce the cost of the course and the time vessel operators must spend in the
classroom to comply with the new rule.
If a boater has taken a NASBLA approved course anywhere else, an abbreviated (approx. half-
day) course will be available through the USCG Aux, the Power Squadron and other certified
providers to cover the rules and regulations specific to Hawaii so the boater will be compliant.
Last updated 4/25/13