Bill Text: HI SB2085 | 2010 | Regular Session | Introduced
Bill Title: Keiki Caucus; Fishing Enforcement; Special Fund
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2010-01-20 - (S) Referred to WTL/JGO, WAM. [SB2085 Detail]
Download: Hawaii-2010-SB2085-Introduced.html
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THE SENATE |
S.B. NO. |
2085 |
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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 fishing enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that overfishing of Hawaii's reef and poaching mainly occur because Hawaii lacks marine enforcement and imposes minimal fines when enforcement does occur.
The purpose of this Act is to:
(1) Increase administrative fines and criminal penalties for fishing violations; and
(2) Require that the moneys collected be used for fishing enforcement activities.
SECTION 2. Notwithstanding chapter 91, Hawaii Revised Statutes, or any other law to the contrary, the department of land and natural resources shall increase by $500 any administrative fine or penalty established by administrative rules pursuant to chapters 187A, 188, 189, and 190, Hawaii Revised Statutes, relating to limitations on fishing, as defined in section 187A-1, Hawaii Revised Statutes.
SECTION 3. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§187A- Fishing enforcement special fund. (a) There is established in the department a fishing enforcement special fund.
(b) The following proceeds shall be retained by or transmitted to the department for deposit into the fishing enforcement special fund:
(1) Moneys collected as administrative fines or penalties, including attorney fees or costs, for fishing violations as authorized under section 187A-12.5;
(2) Moneys, other than informers' fees authorized under section 187A-14, collected as fines or bail forfeitures for fishing violations of this chapter and chapters 188, 189, and 190;
(3) Moneys collected for any violation of any law or rule relating to fishing limitations;
(4) Any moneys appropriated by the legislature to the special fund;
(5) Any moneys received from grants, donations, or the proceeds from contributions; and
(6) The interest or return on investments earned from moneys in the special fund.
(c) Expenditures from the fishing enforcement special fund shall be limited to activities relating to the enforcement of fishing limitations. Activities may include:
(1) Education programs to inform the public of fishing limitations;
(2) Training programs for state or county employees for fishing enforcement; and
(3) Legal costs incurred for fishing enforcement proceedings.
(d) The proceeds of the fishing enforcement special fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or instruments of indebtedness."
SECTION 4. Section 187A-12.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§187A-12.5[]]
General administrative penalties. (a) Except as otherwise provided by
law, the board is authorized to set, charge, and collect administrative fines
and to recover administrative fees and costs, including attorney's fees and
costs, or bring legal action to recover administrative fines, fees, and costs,
including attorney's fees and costs, or payment for damages or for the cost to
correct damages resulting from a violation of subtitle 5 of title 12 or any
rule adopted thereunder.
(b) For violations involving threatened or endangered species, the administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $5,000; provided that for any fishing violation, a fine of not more than $5,500;
(2) For a second violation within five years of a previous violation, a fine of not more than $10,000; provided that for any fishing violation, a fine of not more than $10,500; and
(3) For a third or subsequent violation within five
years of the last violation, a fine of not more than $15,000[.];
provided that for any fishing violation, a fine of not more than $15,500.
(c) For all other violations the administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $1,000; provided that for any fishing violation, a fine of not more than $1,500;
(2) For a second violation within five years of a previous violation, a fine of not more than $2,000; provided that for any fishing violation, a fine of not more than $2,500; and
(3) For a third or subsequent violation within five
years of the last violation, a fine of not more than $3,000[.];
provided that for any fishing violation, a fine of not more than $3,500.
(d) In addition to subsection (b), a fine of
up to [$5,000] $5,500 may be levied for each specimen of
threatened or endangered aquatic life taken, killed, or injured in violation of
subtitle 5 of title 12 or any rule adopted thereunder.
(e) In addition to subsection (c), a fine of
up to [$1,000] $1,500 may be levied for each specimen of all
other aquatic life taken, killed, or injured in violation of subtitle 5 of title
12 or any rule adopted thereunder.
(f) Any criminal penalty for any violation of subtitle 5 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from recovering additional administrative fines, fees, and costs, including attorney's fees and costs.
(g) Any criminal penalty and any administrative fine for any fishing violation of subtitle 5 of title 12 or any rule adopted thereunder relating to fishing limitations shall be deposited in the fishing enforcement special fund, pursuant to section 187A- ."
SECTION 5. Section 188-70, Hawaii Revised Statutes, is amended to read as follows:
"§188-70 Penalties. (a) Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23 and 188-39.5, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than:
(1) $100 for a first offense; provided that for a fishing violation, not less than $600;
(2) $200 for a second offense; provided that for a fishing violation, not less than $700; and
(3) $500 for a third or subsequent offense[.];
provided that for a fishing violation, not less than $1000.
(b) Any person violating section 188-23, is
guilty of a class C felony and shall be sentenced pursuant to chapter 706;
provided that the court, in addition to any term of imprisonment or any other
terms and conditions of probation, shall order the defendant to pay a fine of
not less than [$1,000.] $1,500. Notwithstanding section 706-669
and any other law to the contrary, any person in violation of [subsection]
section 188-23 (b), as a first offense, shall be sentenced to a
mandatory minimum period of imprisonment without possibility of parole for
thirty days. Repeat offenders shall be sentenced pursuant to chapter 706.
(c) The fines specified in this section shall not be suspended or waived.
(d) Any fine collected for a fishing violation pursuant to this section shall be deposited in the fishing enforcement special fund, pursuant to section 187A- ."
SECTION 6. Section 190-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The punishment, in addition to any other penalties, shall be a fine of not less than:
(1) $250 for a first offense; provided that for a fishing violation, not less than $750;
(2) $500 for a second offense; provided that for a fishing violation, not less than $1000; and
(3) $1,000 for a third or subsequent offense[.];
provided that for a fishing violation, not less than $1,500."
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. This Act shall take effect on July 1, 2010.
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INTRODUCED BY: |
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Report Title:
Keiki Caucus; Fishing Enforcement; Special Fund
Description:
Increases criminal penalties and administrative fines for violations of fishing limitations and rules; establishes the fishing enforcement special fund; deposits any collected criminal penalties and administrative fines for fishing violations in the fishing enforcement special fund.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
