The HPUC has stated that the Commission has no jurisdiction over intrastate water carrier transportation of goods. The presentation is contrary to the position of the HPUC. One of the Commission's short term goal is to Increase the transparency of the regulatory process and public access to the Commission to ensure that the Commission efficiently, independently, fairly, and impartially regulates public utilities.as created to protect. Has the Commission aggressively pursued the interest of the public it was created to serve?

1. MARITIME SHIPPING
HAWAII
JURISDICTION
SURFACE TRANSPORTATION BOARD
HAWAII PUBLIC UTILITIES COMMISSION

2. Hawaii Revised Statutes
Chapter 271G
Hawaii Water Carrier Act
The Act does not apply to:
Commerce with foreign nations or to
interstate commerce, except insofar as the
application is permitted under the
Constitution and laws of the United States.

3. MATSON NAVIGATION COMPANY, INC., Plaintiff, v.
HAWAII PUBLIC UTILITIES COMMISSION and Yukio Naito, in
his capacity as Chairman, Hawaii Public Utilities Commission,
Defendants,
and Young Brothers, Limited, Defendant-Intervenor.
United District Court – District Court of Hawaii
CIV. NO. 90-00052 DAE
July 19, 1990
[e]ach shipment must be considered separately as
to its interstate or intrastate character.
[g]oods that remain in continuous interstate
commerce are subject to FMC (now Surface
Transportation Board) jurisdiction and may not be
regulated by the HPUC simply because they cross
the Honolulu docks.

4. Factors Determinative Of
Whether Goods Remain
In Continuous Interstate Commerce
CONTINUOUS CHAIN OF CUSTODY
Originating Carrier a US Flag Carrier and utilizing US Flag Vessels. All
intervening Carrier and Vessels are required to be US Flag.
JURISDICTIONAL WATERS
Originating Cargo Carriage over Interstate Waters is continuous when cargo
carriage is remains solely and completely in Interstate waters during the course
of carriage until final destination.

5. DETERMINATION OF
US FLAG STATUS
UNITED STATES COAST GUARD
DOCUMENTATION
INSPECTION
REGISTRATION

6. JURISDICTIONAL WATERS
Shore waters and shores means any shores or
waters between the three nautical mile limit
and the mean high tide mark on the shores of
the islands of the State of Hawaii.
Non-State Waters (waters outside three miles)
are Federal waters under the jurisdiction of the
United States Coast Guard (USCG).
Hawaii Administrative Rules Title 13.

7. Courtesy State of Hawaii Department of Land and Natural Resources

8. ALL WATER BORNE COMMERCE IN THE
STATE OF HAWAII
IS WITHIN THE JURISDICTION OF
THE HAWAII PUBLIC UTILITIES COMMISSION
Carriage of goods by water in the State of Hawaii are
not in continuous Interstate Water borne Carriage.
Carriers utilize Sea lanes, Ports and Harbors within the
jurisdiction of the State of Hawaii.
Carriers are required to meet US Flag requirements.
Carriers are required to meet United States Coast Guard
Vessel Documentation and Inspection.