Bill Text: HI HB635 | 2012 | Regular Session | Introduced
Bill Title: Aquarium Fish
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB635 Detail]
Download: Hawaii-2012-HB635-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
635 |
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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 aquarium fish.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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.
(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 person shall take aquatic life for aquarium purposes without an aquarium fish permit issued pursuant to this section. Any person violating this subsection or any rule adopted by the department pursuant to this subsection shall be subject to an administrative fine of not less than $500 and not more than $2,000 for each individual saltwater fish, freshwater nongame fish, or specimen of aquatic life taken without an aquarium fish permit. In addition, the violator may be assessed administrative fees and costs, and attorney's fees and costs.
(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 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Aquarium Fish
Description:
Imposes fines for each saltwater fish, freshwater nongame fish, or other specimen of aquatic life taken for aquarium purposes without an aquarium fish permit.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
