Bill Text: HI HB2425 | 2018 | Regular Session | Amended


Bill Title: Relating To Commercial Fishing.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2018-02-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Souki excused (1). [HB2425 Detail]

Download: Hawaii-2018-HB2425-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2425

TWENTY-NINTH LEGISLATURE, 2018

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMMERCIAL FISHING.

 

 

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

 


     SECTION 1.  Section 189-2, Hawaii Revised Statutes, is amended to read as follows:

     "§189-2  Commercial marine license.  (a)  The department of land and natural resources shall issue commercial marine licenses for the taking of marine life for commercial purposes.  The department may establish different subtypes of commercial marine licenses, including but not limited to fishery and gear specific commercial licenses, commercial fishing vessel licenses, and professional or part-time commercial fishing licenses, and specify the requirements and qualifications for the issuance of these subtype licenses.

     (b)  No person shall take marine life for commercial purposes whether the marine life is caught or taken within or outside of the State, without first obtaining a commercial marine license or subtype license, if applicable, as provided in this section.

     [(b)] (c)  Additionally, any person providing vessel charter services in the State for the taking of marine life in or outside of the State shall obtain a commercial marine license[.] or subtype license, if applicable.

     [(c)] (d)  The department may adopt rules pursuant to chapter 91 necessary for the purpose of this section and to set fees for commercial marine licensing.

     [(d)] (e)  The fees for commercial marine licenses and duplicate commercial marine licenses shall be established by the department by rules adopted in accordance with chapter 91.

     [(e)] (f)  The department shall suspend, shall refuse to renew, reinstate, or restore, or shall deny any license issued under this section if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding.  The department shall issue, renew, reinstate, or restore such a license only upon receipt of authorization from the child support enforcement agency, the office of child support hearings, or the family court.

     [(f)] (g)  The department shall not renew or reinstate, or shall deny or suspend any license or application, if the department has received certification from an administering entity pursuant to chapter 436C that the licensee or applicant is in default or breach of any obligation under any student loan, student loan repayment contract, or scholarship contract that financed the licensee's or applicant's education, or has failed to comply with a repayment plan.

     The department in receipt of a certification pursuant to chapter 436C shall, as applicable, and without further review or hearing:

     (1)  Suspend the license;

     (2)  Deny the application or request for renewal of the license; or

     (3)  Deny the request for reinstatement of the license,

and unless otherwise provided by law, shall renew, reinstate, or grant the license only upon receipt of an authorization from the administering entity."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.
     SECTION 3.  This Act shall take effect on December 24, 2088.



 

Report Title:

Commercial Marine License; Subtype Licenses; Department of Land and Natural Resources

 

Description:

Authorizes the Department of Land And Natural Resources to issue commercial marine licenses and subtypes of commercial marine licenses for the taking of marine life.  (HB2425 HD1)

 

 

 

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

 

feedback