Bill Text: HI SB2897 | 2012 | Regular Session | Introduced
Bill Title: Scuba Spearfishing; Aquatic Life; Penalties; DLNR
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2012-01-27 - (S) Referred to WLH, JDL. [SB2897 Detail]
Download: Hawaii-2012-SB2897-Introduced.html
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THE SENATE |
S.B. NO. |
2897 |
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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 resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 12, subtitle 5, to be appropriately designated and to read as follows:
"Chapter
SPEARFISHING
§ -1 Definitions. As used in this chapter, the following terms shall have the following respective meanings, unless the context requires otherwise:
"Aquatic life" means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment, and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, and other parts thereof.
"Department" means the department of land and natural resources.
"Spear" means any device or implement, excluding dive knives, either hand held, released completely by the user, or attached by line to another device, which is used to impale aquatic life by means of a pointed or sharpened tip.
"Speared" means pierced, impaled, penetrated, stuck, or run through by a sharp, pointed implement.
"Take" means to fish for, catch, or harvest, or to attempt to fish for, catch, or harvest, aquatic life. The use of any gear, equipment, tool, or any means to fish for, catch, capture, or harvest, or to attempt to fish for, catch, capture, or harvest aquatic life by any person who is in the water, or in a vessel on the water, or on or about the shore where aquatic life can be fished for, caught, or harvested, shall be construed as taking.
"Underwater breathing apparatus" means any equipment adapted, designed, or commonly used to enable a diver to breathe while underwater, including but not limited to self contained underwater breathing apparatus regulators, high pressure cylinders, rebreathers, surface nexus underwater breathing apparatuses, and hookah rigs.
§ -2 Possession of underwater breathing apparatus and spear prohibited. No person who is in the water, in a vessel on the water, or on or about the shore, shall concurrently possess any spear and any underwater breathing apparatus other than a snorkel, except as permitted under section ‑5.
§ -3 Possession of underwater breathing apparatus and speared aquatic life prohibited. No person who is in the water, in a vessel on the water, or on or about the shore, shall concurrently possess any speared aquatic life and any underwater breathing apparatus other than a snorkel, except as permitted under section ‑5.
§ -4 Taking of aquatic life with spear and underwater breathing apparatus prohibited. No person shall take any aquatic life by spear while using any underwater breathing apparatus, except as permitted under section ‑5. Possession of a spear or any speared aquatic life concurrent with possession of any underwater breathing apparatus shall constitute prima facie, rebuttable evidence that a person is guilty of a violation of this section.
§ -5 Invasive species take permit. (a) The department may issue an invasive species take permit for the concurrent possession and concurrent use of an underwater breathing apparatus and a spear to take invasive species of aquatic life. A permit issued pursuant to this section:
(1) Shall be valid for a period of up to twenty-four hours;
(2) Shall specify the species of invasive aquatic life to be taken by the permittee; and
(3) May include additional terms and conditions as the department deems necessary for the purposes of this chapter.
(b) Permittees shall consent to the inspection of any cooler, fish bag, or other container capable of containing speared aquatic life by any law enforcement officer or duly authorized agent of the department while engaging in activities authorized by the invasive species take permit.
(c) The department may revoke a permit for any violation of this section, or of the terms and conditions of any permit issued pursuant to this section. A person whose permit has been revoked shall not be eligible to apply for another permit until one year after the date of revocation.
(d) The department shall identify and maintain a list of all invasive species of aquatic life for which a permit may be obtained pursuant to this section.
§ -6 Penalties. (a) Any person who violates this chapter shall be guilty of a petty misdemeanor and shall be fined as provided in section 187A-12.5 for each separate offense. Each date of violation shall constitute a separate offense.
(b) Any equipment, article, instrument, aircraft, vehicle, vessel, business record, or aquatic life used or taken in violation of any provision of this chapter may be seized and subject to forfeiture pursuant to section 199-7 and chapter 712A."
SECTION 2. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Scuba Spearfishing; Aquatic Life; Penalties; DLNR
Description:
Prohibits concurrent possession of a spear or speared aquatic life and underwater breathing apparatus by any person who is in the water, in a vessel on the water, or on or about the shore. Prohibits taking of aquatic life by spear. Authorizes DLNR to issue permits allowing possession and use of a spear to take non-native aquatic life, and exempts permit holders from penalties. Establishes civil and criminal penalties for each separate offense and authorizes asset forfeiture.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
