Bill Text: HI HB359 | 2014 | Regular Session | Introduced
Bill Title: Aquatic Life; West Hawaii; Inspection; DLNR
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-02-11 - The committee(s) on JUD recommend(s) that the measure be deferred. [HB359 Detail]
Download: Hawaii-2014-HB359-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
359 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to ocean resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Hawaii State Constitution establishes clear fiduciary duties with respect to Hawaii's natural resources, which are held and maintained in trust on behalf of the people of the State. In order to explore methods to better fulfill these public trust duties and responsibilities, the legislature established the West Hawaii regional fishery management area in 1998. The West Hawaii regional fishery management area is differentiated from other nearshore marine managed areas by the statutory ability of the department of land and natural resources to regulate fisheries in West Hawaii specifically, with the guidance and advice of the West Hawaii Fisheries Council.
The legislature also finds that the West Hawaii regional fishery management area has proven to be a moderate and notable success, particularly in fulfilling its purposes of improving the sustainability of West Hawaii's nearshore fisheries, reducing user conflicts, and providing important opportunities for scientific research and monitoring. However, the legislature further finds that this success continues to be threatened by the difficulties of resource monitoring, and of ensuring compliance with West Hawaii regulations. For example, reported poaching activities in West Hawaii's fish replenishment areas indicate that ongoing illegal actions and adverse impacts to fisheries ecosystems and their sustainability pose an increasing threat of user conflicts, and potentially confound scientific research and monitoring projects.
In addition, the lack of reliable data regarding fishing pressure and extraction levels in West Hawaii generally further undermines the State's capacity to monitor and enhance West Hawaii's nearshore fishery resources. Unfortunately, the limited capacity of resources enforcement personnel, and their lack of inspection authority absent evidence establishing probable cause, prevents the department from effectively monitoring compliance with resource regulations to ensure the continued success of the West Hawaii regional fishery management area.
Accordingly, the legislature finds that probable cause requirements render criminal investigation and enforcement an inappropriate and insufficient tool for resource compliance monitoring within the West Hawaii regional fishery management area. The legislature also finds that the State has an important constitutional interest in conserving and managing the State's aquatic resources. Given the necessity of adequate inspection authority to effectively monitor fishery activities, and the lowered expectation of privacy for permitted or licensed extraction activities relating to the aquatic resources of the State, the legislature further finds that an administrative inspection scheme allowing inspections without probable cause or criminal liability may be necessary to fulfill the State's constitutional duties.
The purpose of this Act is to provide enhanced tools to better ensure compliance and monitoring of direct extraction activities within West Hawaii by establishing administrative inspection authority for vessels and catch containers of permitted fishers within the waters of West Hawaii.
SECTION 2. Chapter 188F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§188F- Administrative inspection of commercial fishers and wholesalers within the West Hawaii regional fishery management area. (a) Subject to subsection (b), any agent of the department upon whom the board has conferred powers of police officers, or who has otherwise been authorized to conduct administrative inspections under this section, may conduct examinations and inspections of:
(1) The license, permit, or registration of any individual the officer reasonably believes is engaged in conduct authorized by the license, permit, or registration;
(2) The contents of any bag or container of any kind that the agent reasonably believes may be used to carry aquatic life harvested pursuant to a commercial license, permit, or registration required under subtitle 5 of title 12 or any rule adopted thereunder;
(3) Any area of a vessel or vehicle that the officer reasonably believes may be used to transport aquatic life harvested pursuant to a commercial license, permit, or registration required under subtitle 5 of title 12 or any rule adopted thereunder; or
(4) The premises, containers, fishing equipment, marine animals, and records required by the department of any shipping agent or other person placing or attempting to place aquatic resources into interstate or intrastate commerce. Officers may inspect without warrant or probable cause the records required by the department of any wholesale outlet selling aquatic resources for compliance with the terms of their commercial license;
provided that authority granted under this section shall not extend to quarters in a boat, building, or other property used exclusively as a private domicile, and shall not extend to transitory residences in which a person has a reasonable expectation of privacy.
(b) Any item, article, natural resource, or other evidence obtained through an administrative inspection authorized under subsection (a), which occurs without probable cause of a violation of law, shall not be used as evidence in any criminal proceeding and may only be used to pursue authorized civil penalties, including any authorized monetary fines, natural resources—related community service, or asset forfeiture.
(c) Prior consent to administrative inspection by a duly authorized agent of the department while within the West Hawaii regional fishery management area shall be a condition of any commercial license, permit, or registration issued pursuant to subtitle 5 of title 12 or any rule adopted thereunder. While within the West Hawaii regional fishery management area, and while engaged in activities authorized pursuant to any such commercial license, permit, or registration, no person shall refuse to allow any duly authorized agent of the department to conduct an examination and inspection described in subsection (a) for purposes of determining compliance with the terms of any commercial license, permit, or registration relating to aquatic life.
(d) While within the West Hawaii regional fisheries management area, any individual to whom a commercial license, permit, or registration has been issued shall physically possess the license, permit, or registration at all times when engaged in fishing activities conducted pursuant to the license, permit, or registration, and shall not permit any other person to carry, display, or use the license, permit, or registration in any manner unless otherwise authorized by the department.
(e) Any licensed, permitted, or registered individual engaged in fishing activities within the West Hawaii regional fishery management area who refuses to:
(1) Produce the required license, permit, or registration upon demand; or
(2) Give consent, or who withdraws previously given consent, to an inspection of a bag or other closed container that the officer reasonably believes could be used to take or transport aquatic resources for which a license, permit, or registration is required,
shall have their license, permit, or registration immediately suspended and may be subject to board revocation of the license, permit, or registration."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Aquatic Life; West Hawaii; Inspection
Description:
Authorizes administrative inspections within the West Hawaii regional fishery management area. Requires the DLNR to create an administrative search scheme to monitor compliance with aquatic resources management regulation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
