Bill Text: HI HB578 | 2011 | Regular Session | Introduced
Bill Title: Shark Feeding; Penalties
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-02-17 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and Chong, Nakashima excused (2). [HB578 Detail]
Download: Hawaii-2011-HB578-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
578 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to shark feeding.
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. (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) Any person violating this section or any rule adopted by the department pursuant to this section shall be subject to:
(1) Seizure and forfeiture of any commercial marine license, vessel, and fishing equipment; and
(2) An administrative fine of not less than $5,000 and not more than $15,000. In addition, the violator may be assessed administrative fees and costs, and attorney's fees and costs.
Each day of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action. Any criminal prosecution or penalty imposed for violation of this section or any rule adopted by the department pursuant to this section shall not preclude seizure and forfeiture or the imposition of any administrative fines and costs or attorney's fees and costs under this subsection.
(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; Penalties
Description:
Establishes civil penalties for shark feeding, including seizure and forfeiture of any commercial marine license, vessel, and fishing equipment, and administrative fines.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
