Bill Text: HI HB2125 | 2012 | Regular Session | Introduced

Hawaii House Bill 2125 (Prior Session Legislation)

Introduced

Bill Title: Aquarium Fish Violations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-20 - (H) Referred to WLO, JUD, referral sheet 4 [HB2125 Detail]

Download: Hawaii-2012-HB2125-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2125
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to aquarium fish.

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

SECTION 1. The legislature finds that the current assessments for violations of permits for the taking of aquarium fish are not adequate to deter illegal fishing. Currently, violations are assessed based upon the number of species of fish unlawfully taken, regardless of the number of actual fish taken unlawfully.

The purpose of this Act is to specify that a violation shall be charged for each individual fish unlawfully obtained.

SECTION 2. Section 188-31, Hawaii Revised Statutes, is amended to read as follows:

"§188-31 Permits to take aquatic life for aquarium purposes. (a) Except as prohibited by law, the department, upon receipt of a written application, may issue an aquarium fish permit, not longer than one year in duration, to use fine meshed traps, or fine meshed nets other than throw nets, for the taking of marine or freshwater nongame fish and other aquatic life for aquarium purposes.

(b) Except as prohibited by law, the permits shall be issued only to persons who can satisfy the department that they possess facilities to and can maintain fish and other aquatic life alive and in reasonable health.

(c) It shall be illegal to sell or offer for sale any fish and other aquatic life taken under an aquarium fish permit unless those fish and other aquatic life are sold alive for aquarium purposes.

The department may adopt rules pursuant to chapter 91 for the purpose of this section.

(d) Any fines or penalties adopted by rule to comply with subsection (c) shall apply to the taking of each saltwater fish, freshwater non-game fish, or any specimen of aquatic life without an aquarium fish permit.

[~~(d)~~] (e) For the purposes of this section:

(1) "Aquarium purposes" means to hold salt water fish, freshwater nongame fish, or other aquatic life alive in a state of captivity as pets, for scientific study, or for public exhibition or display, or for sale for these purposes; and

(2) "Aquarium fish permit" means a permit issued by the board for the use of fine mesh nets and traps to take salt water fish, freshwater nongame fish, or other aquatic life for aquarium purposes."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Aquarium Fish Violations

Description:

Requires that any fines or penalties shall apply to each individual saltwater fish, freshwater non-game fish, or any specimen of aquatic life taken without an aquarium fish permit.

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