HOUSE OF REPRESENTATIVES	H.B. NO.	869
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to spinner dolphins.

 

 

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

 

     SECTION 1.  The legislature finds that the expansion of recreational activities in the ocean has resulted in continuous harassment of Hawaii's spinner dolphins.  Spinner dolphins have a rigid daily schedule:  hunting in the ocean at night and resting in shallow bays close to the shore during the day.  Human activities frequently disrupt their rest periods and endanger the population.  It is important to respect spinner dolphins' need for space in order to safeguard the species for future generations to appreciate.

     The legislature recognizes the valuable contributions these animals make to the marine ecosystem and the tourism industry and finds that limiting human interaction with spinner dolphins will help protect their current population.

     The purpose of this Act is to protect Hawaii's small population of spinner dolphins so that visitors and locals can continue to enjoy the aerial acrobatics of these marine mammals by establishing fines and penalties for anyone who knowingly takes or attempts to take a spinner dolphin.  Taking includes touching, riding, harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, collecting, or attempting any such conduct.

     SECTION 2.  Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§187A-     Taking a spinner dolphin prohibited.  (a)  A person commits the offense of taking a spinner dolphin if the person intentionally or knowingly takes a spinner dolphin (Stenella longirostris).

     (b)  Any person convicted of taking a spinner dolphin shall be guilty of a class C felony; provided that in addition to any other sentence, the court may impose a fine up to $50,000.

     (c)  For the purpose of this section:

     "Take" means to touch, ride, harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or to attempt to engage in any such conduct."

     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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Spinner Dolphins; Taking

 

Description:

Prohibits the taking of a spinner dolphin.

 

 

 

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