Bill Text: HI HB1157 | 2011 | Regular Session | Introduced
Bill Title: Sale and Distribution of Pacific Blue Marlin
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-01-26 - (H) Referred to WLO, JUD, referral sheet 2 [HB1157 Detail]
Download: Hawaii-2011-HB1157-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1157 |
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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 BILLFISH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§188- Pacific blue marlin; prohibited. (a) No person shall possess Pacific blue marlin for the purpose of sale, importation, exportation, trade, or distribution.
(b) Notwithstanding subsection (a), any person who holds a license or permit issued by the department of land and natural resources to conduct research for education purposes, and who sells, offers for sale, imports, exports, trades, or distributes Pacific blue marlin in furtherance of such research shall not be subject to the penalties in this section.
(c) Any person violating this section or any rule adopted pursuant to this section shall be penalized as follows:
(1) For a first offense, by an administrative fine of not less than $5,000 and not more than $15,000;
(2) For a second offense, by an administrative fine of not less than $15,000 and not more than $35,000. In addition, Pacific blue marlin, commercial marine licenses, vessels, fishing equipment, or other property involved in a violation of this section shall be subject to seizure and forfeiture pursuant to chapter 712A; and
(3) For a third or subsequent offense, by an administrative fine of not less than $35,000 and not more than $50,000 or by imprisonment of not more than one year, or both. In addition, Pacific blue marlin, commercial marine licenses, vessels, fishing equipment, or other property involved in a violation of this section shall be subject to seizure and forfeiture pursuant to chapter 712A.
(d) In addition to any penalties imposed under subsection (c), any person violating this section or any rule adopted under it shall be subject to any other penalties authorized by section 188-70, and may be assessed administrative fees and costs, and attorney's fees and costs.
(e) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(f) As used in this section, "Pacific blue marlin" means any fish of the species Makaira nigricans (blue marlin).
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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Report Title:
Sale and Distribution of Pacific Blue Marlin
Description:
Prohibits the possession of Pacific blue marlin for the purpose of sale, trade, or distribution. Effective July 1, 2011.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
