Bill Text: HI HB1752 | 2018 | Regular Session | Amended
Bill Title: Relating To Aquatic Life.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2018-02-09 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with Representative(s) DeCoite, Evans, Keohokalole, Matsumoto, McKelvey, Nakamura, Thielen, Yamane voting aye with reservations; Representative(s) Choy, Fukumoto, Gates, Holt, Ito, Onishi, Quinlan, Todd, Tokioka, Ward voting no (10) and Representative(s) Har, McDermott, Souki, Tupola, Woodson excused (5). [HB1752 Detail]
Download: Hawaii-2018-HB1752-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1752 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AQUATIC LIFE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that aquatic life is declining in areas that are not designated as fish replenishment areas. In 2016, Conservation International Hawaii and the Western Pacific Regional Fishery Management Council convened a study group to investigate well-informed management of Hawaii's fisheries. According to the study group's report entitled "Feasibility of a Non-Commercial Marine Fishing Registry, Permit, or License System in Hawai‘i," a non-commercial marine fishing license program can provide additional and more robust data to support fisheries management, create a dialogue between fishers and managers, and create a source of funding for effective fisheries management that the existing structure does not provide.
SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§188- Non-commercial marine fishing license;
application; fees; restrictions.
(a) It shall be unlawful for
any person, except children below nine years of age, to fish, take, or catch
any aquatic life for non-commercial or recreational use without first obtaining
a license. The department of land and
natural resources shall adopt rules pursuant to chapter 91 necessary for the
purposes of this section.
(b)
Non-commercial marine fishing licenses may be issued by
agents of the department upon written application in such form as may be
prescribed by the department together with payment of a fee. The fee for a non-commercial marine fishing
license shall be a fixed flat rate fee of
$ for state residents and
$ for non-state residents.
(c) Any non-commercial marine fishing license
issued pursuant to this section shall be valid for a period of one year from
the date of its issuance.
(d) 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. Every 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.
(e) It shall be illegal to sell or offer for sale
any aquatic life taken under a non-commercial marine fishing license.
(f) The department may revoke any non-commercial
marine fishing license for any violation of the terms and conditions of the
non-commercial marine fishing license. Any
person whose non-commercial marine fishing license has been revoked shall not
be eligible to apply for another non-commercial marine fishing license until
expiration of one year from the date of revocation.
(g) This section shall not prohibit the exercise
of native Hawaiian gathering rights or traditional cultural practices as
authorized by law or as protected pursuant to article XII, section 7 of the
Hawaii State Constitution.
(h) For the purposes of this section,
"aquatic life" has the same meaning as defined in section 187A-1.
§188- Non-commercial marine fishing
license special fund. (a) There is established the non-commercial marine fishing license
special fund into which shall be deposited:
(1) Legislative appropriations
to the special fund;
(2) Fees received
as fees for all non-commercial marine fishing licenses issued in the State; and
(3) Any interest or
other revenue derived from the special fund.
(b)
Revenues deposited into the special fund shall be expended by the
department of land and natural resources for all costs and expenses associated
with the administration of the non-commercial marine fishing
licensing program. Additional revenues
not expended for the licensing program shall be expended to fund marine
resource management and protection, as determined by the department by rules
adopted pursuant to chapter 91."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on December 24, 2088.
Report Title:
Non-commercial Marine Fishing License; Aquatic Life; Department of Land and Natural Resources; Special Fund
Description:
Establishes
a non-commercial marine fishing license requirement. Allocates any revenue generated from license
fees to administration of the licensing program or marine resource management
and protection. Authorizes the
Department of Land and Natural Resources to adopt rules. Creates special fund. (HB1752 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
