Bill Text: HI HB1388 | 2015 | Regular Session | Introduced


Bill Title: Opihi; Taking and Harvesting; Penalties

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-02-02 - Referred to OMH, JUD, referral sheet 6 [HB1388 Detail]

Download: Hawaii-2015-HB1388-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1388

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to ocean safety.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§200-    Opihi; taking or harvesting; safety devices; violation.  (a)  No person shall engage in taking or harvesting opihi in the State without:

     (1)  Wearing a flotation device;

     (2)  Wearing protective footwear; and

     (3)  Using brightly colored rope at least two hundred feet in length that can be readily seen in the water.

     (b)  Any person who violates this section shall be subject to the following penalties:

     (1)  For the first offense, a fine of $100 and confiscation of all opihi taken or harvested by the offender;

(2)  For the second offense, a fine of $100 and confiscation of all opihi taken or harvested by the offender and any other persons accompanying the offender; and

     (2)  For a third or subsequent offenses, up to thirty days imprisonment for the offender and confiscation of all opihi taken or harvested by the offender and any other persons accompanying the offender.

     (c)  The department shall adopt rules to effectuate the purposes of this section pursuant to chapter 91.

     (d)  As used in this section:

     "Opihi" means all known Hawaiian opihi species, including Cellana exarata (blackfoot), Cellana sandwicencis (yellowfoot), Cellana talcosa (koele), and Cellana melanostoma (greenfoot).

     "Protective footwear" means water shoes, fishing shoes, or some other kind of footwear that prevents a person from losing the person's footing while taking or harvesting opihi."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Opihi; Taking and Harvesting; Penalties

 

Description:

Establishes safety guidelines for the taking and harvesting of opihi; establishes penalties for violations.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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