Bill Text: HI HB1023 | 2021 | Regular Session | Amended
Bill Title: Relating To A Nonresident Recreational Marine Fishing License.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-06-10 - Act 048, 06/08/2021 (Gov. Msg. No. 1148). [HB1023 Detail]
Download: Hawaii-2021-HB1023-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1023 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO A NONRESIDENT RECREATIONAL MARINE FISHING LICENSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that fishing in marine waters is an important pastime for the people of Hawaii, providing valuable opportunities for outdoor recreation, subsistence, and transmission of cultural practices and values. Hawaii's marine fishing opportunities also attract thousands of visitors each year, from professional anglers who participate in big game fishing tournaments to weekend fishing enthusiasts seeking to enjoy their favorite recreational activity while on vacation. With ever increasing pressure on the State's marine resources, it is critical that the State identify and develop sustainable sources of funding to effectively manage its fisheries.
The legislature further
finds that the department of land and natural resources (DLNR) issues
commercial marine fishing licenses and freshwater game fishing licenses. DLNR uses these license fees toward
management of commercial marine fisheries and recreational freshwater
fisheries. Additionally, Hawaii
residents pay taxes that support state fisheries management programs. In contrast, nonresident recreational fishers
directly benefit from enjoyment of Hawaii's marine fishery resources without
directly contributing to management of those resources.
The
legislature also finds that a nonresident recreational marine license and
associated fees would provide an additional source of revenue to the State for
marine fishery management. Fees would be
deposited into DLNR's sport fish special fund pursuant to section 187A-9.5,
Hawaii Revised Statutes.
The purposes of this Act are to:
(1) Establish a nonresident recreational marine fishing license requirement and fees to enable DLNR to more effectively manage the marine fishery resources of the State; and
(2) Require DLNR to adopt rules to implement this license.
SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§188- Nonresident recreational marine fishing
license; application; fees; restrictions. (a) It shall be unlawful for any nonresident of the
State who has attained the age of fifteen, except members of the armed forces
of the United States on active duty in the State and their spouse and minor children,
to fish for, take, or catch any marine life for noncommercial or recreational purposes
without first obtaining a nonresident recreational marine fishing license. The department shall adopt rules pursuant to
chapter 91 necessary for the purposes of this section.
(b) Nonresident recreational marine fishing licenses
shall be issued by agents of the department upon written application in a form prescribed
by the department and upon payment of a fee. The fees for a nonresident recreational marine
fishing license shall be as follows:
(1) For a one-day fishing license
- $20;
(2) For a seven-day
fishing license - $40;
and
(3) For an annual
fishing license - $70.
Fees established by this subsection may be
increased by the department no more frequently than once every five years, at
the rate of the consumer price index change from July 2021, compounded annually,
rounded to the nearest dollar.
(c) No person to whom a
license has been issued under this section shall permit any other person to
carry, display, or use the license for any purpose. Each person to whom a license has been issued
under this section shall show the license upon demand of any officer authorized
to enforce the fishing laws of the State.
(d)
It shall be illegal to sell or offer
for sale any marine life taken under a nonresident recreational marine fishing
license; provided that marine life taken by nonresident licensees on board a charter
fishing vessel owned or operated by a person with a valid commercial marine
license pursuant to section 189-2(b) may be sold.
(e) The department may revoke any nonresident recreational
marine fishing license for any violation of the terms and conditions of the
license. Any person whose nonresident
recreational marine fishing license has been revoked shall not be eligible to
apply for another nonresident recreational marine fishing license until one
year after the date of revocation.
(f) For the purposes of this section:
(1) "Marine life" has the same
meaning as defined in section 187A-l;
(2) "Nonresident"
means any
individual who is not a resident of Hawaii; and
(3) "Resident
of Hawaii"
means an
individual who has:
(A) Established
primary residence and worked in the State continuously for a period of twelve
months or longer immediately prior to applying for, or obtaining a license;
(B) Filed
or paid state income taxes for the previous tax period; or
(C) Established domicile in the State, as
evidenced by documentation showing the individual's address, including:
(i) A valid driver's license;
(ii) A
valid identification card;
(iii) A
valid school identification card; or
(iv) Any
other official document issued to the individual within the last thirty days from
a government agency, financial institution, insurance company, or utility
company in the State.
(g) Any person violating this section or any rule adopted pursuant to this section shall be subject to administrative penalties as provided by section 187A-12.5."
SECTION 3. New
statutory material is underscored
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Nonresident Recreational Marine Fishing License
Description:
Establishes a nonresident recreational marine fishing license requirement and fees to enable the department of land and natural resources to more effectively manage the marine fisheries resources of the State. Prohibits nonresidents, with certain exceptions, from fishing, taking, or catching marine life without a nonresident recreational marine fishing license. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
