Bill Text: HI SB2408 | 2012 | Regular Session | Introduced
Bill Title: Marine Life Conservation Districts; Aquarium Fish; DLNR
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-01-23 - (S) Referred to WLH/PGM/JDL, WAM. [SB2408 Detail]
Download: Hawaii-2012-SB2408-Introduced.html
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THE SENATE |
S.B. NO. |
2408 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AQUATIC LIFE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I.
SECTION 1. Chapter 190, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§190-A Conservation districts established. In addition to marine life conservation districts as established by the department of land and natural resources pursuant to section 190-2, the department of land and natural resources shall establish a marine life conservation district in each county, each extending three miles or less from the shoreline, as defined in section 205A-1, into state marine waters.
§190-B Conservation districts; reporting requirements. A review of the effectiveness of the marine life conservation districts established pursuant to section 190-A shall be conducted every five years by the department of land and natural resources, in collaboration with the University of Hawaii, and shall be a product of community involvement. Based upon the review, the department shall submit a report of its findings and recommendations on the review to the legislature no later than twenty days prior to the convening of the regular session following the review, beginning with the regular session of 2014."
SECTION 2. For purposes of section 190-B, Hawaii Revised Statutes, the review and report shall be a product of community involvement, including collaboration among the department of land and natural resources, University of Hawaii, The Humane Society of the United States, Maui Tomorrow, Hui Ho‘omalu i ka ‘Aina, Pacific Whale Foundation, and other affected or interested parties as determined by the department of land and natural resources.
PART II.
SECTION 3. Section 188-31, Hawaii Revised Statutes, is amended to read as follows:
"§188-31 Permits to take aquatic life
for aquarium purposes. (a) Except as prohibited by law, the department,
upon receipt of a written application, may issue an aquarium fish permit, not
longer than one year in duration, to use fine meshed traps, or fine meshed nets
other than throw nets, for the taking of marine or freshwater nongame fish and
other aquatic life for aquarium purposes[.]; provided that an
aquarium fish permit shall not be issued to a person unless the person also has
a commercial marine license, as defined in section 187A-1. The fee for the
aquarium fish permit shall be $500.
(b) Except as prohibited by law, the permits shall be issued only to persons who can satisfy the department that they possess facilities to and can maintain fish and other aquatic life alive and in reasonable health.
(c) It shall be illegal to sell or offer for sale any fish and other aquatic life taken under an aquarium fish permit unless those fish and other aquatic life are sold alive for aquarium purposes.
The department may adopt rules pursuant to chapter 91 for the purpose of this section.
(d) No permit issued pursuant to this section shall authorize the taking of salt water fish or freshwater nongame fish during the months of January, April, July, and October. During the months of January, April, July, and October, no person shall take salt water fish or freshwater nongame fish with the intent to sell the fish for aquarium purposes. Any person violating this subsection or any rule adopted by the department pursuant to this subsection shall be guilty of a misdemeanor.
[(d)] (e) For the purposes of
this section:
(1) "Aquarium purposes" means to hold salt water fish, freshwater nongame fish, or other aquatic life alive in a state of captivity as pets, for scientific study, or for public exhibition or display, or for sale for these purposes; and
(2) "Aquarium fish permit" means a permit issued by the board for the use of fine mesh nets and traps to take salt water fish, freshwater nongame fish, or other aquatic life for aquarium purposes."
SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Marine Life Conservation Districts; Aquarium Fish; DLNR
Description:
Requires DLNR to establish a new marine life conservation district in each county. Prohibits the taking of aquarium fish during the months of January, April, July, and October. Establishes violation as a misdemeanor.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
