Bill Text: HI HB2483 | 2010 | Regular Session | Introduced
Bill Title: Shark-feeding; Signage
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2010-01-27 - (H) Referred to WLO, JUD, referral sheet 7 [HB2483 Detail]
Download: Hawaii-2010-HB2483-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2483 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to sharks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 188-40.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§188-40.6[]]
Shark feeding; prohibitions; exceptions; penalties; signage. (a)
Except as provided in subsection (b), or as otherwise provided by law, it shall
be unlawful for any person to conduct any activity related to the feeding of
sharks in state marine waters.
(b) Persons may engage in the feeding of sharks for traditional Hawaiian cultural or religious practices; provided that the feeding is not part of a commercial activity.
(c) Persons engaged in the taking of marine life that results in captured, injured, or dead fish being incidentally eaten by sharks shall not be considered in violation of this section; provided that the purpose of the taking of marine life is not the feeding of sharks.
(d) The department may issue permits to engage in activities otherwise prohibited by law, in accordance with section 187A-6, or as may be otherwise authorized by law.
(e) The department shall adopt rules pursuant to chapter 91 for the development and placement of signs at harbor facilities and on commercial tour vessels notifying the public of the state and federal laws prohibiting the feeding of sharks; provided that the signs, at a minimum, shall:
(1) State, or summarize, any penalties for the violation of the prohibition on feeding of sharks that are specified under federal and state laws; and
(2) Be in such form and placed in a manner to make them viewable by as many people as possible, without unduly obstructing the operation of the vessel or facility.
[(e)] (f) As used in this
section:
"Commercial activity" means to engage in any action or to attempt to engage in any action for compensation in any form. The action or actions may include, but are not limited to, providing, or attempting to provide, guide services, charters, tours, and transportation to and from the location or locations for which such services are provided.
"Compensation" means money, barter, trade, credit, and other instruments of value, goods, and other forms of payment.
"Feeding" means the introduction of or an attempt to introduce any food or other substance into the water to attract marine life for any purpose other than to take the marine life."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Shark-feeding; Signage
Description:
Requires DLNR to adopt rules for the development and placement of signs notifying the public of laws prohibiting the feeding of sharks.
