The State of Hawaii has enacted user fees for port facility upgrades.

Federal law provides that no new user fees can be implemented unless enacted prior to January 1, 1998.

The State has grappled with its attempts to levy fees against maritime users.  Judge Gillmor struck down a Ocean Recreation Management Area ("ORMA") permit fee for a Kauai commercial boat operator as an unconstitutional tax on tonnage in violation of Art. I, Sec. 10 of the U.S. Constitution.  Captain Andy’s Sailing, Inc. v. Johns, 195 F. Supp. 2d 1157 (D. Haw. 2001).  When the operator filed suit in state court to recover the ORMA fees paid to the State, it lost.  Captain Andy’s Sailing, Inc. v. Dept. of Land and Natural Resources, 113 Haw. 184 (2006).  On appeal to the Hawaii Supreme Court, the operator was found to have not submitted his payment "under protest" nor did it file a claim within 30 days of deposit under Haw. Rev. Stat. s. 40-35.  As such, it was time-barred from recovery.