Bill Text: HI HB989 | 2013 | Regular Session | Introduced
Bill Title: Aquatic Life; Illegal Taking; Formula for Calculating Fines
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-03-07 - Referred to WTL/JDL, WAM. [HB989 Detail]
Download: Hawaii-2013-HB989-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
989 |
|
TWENTY-SEVENTH LEGISLATURE, 2013 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to fish.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that assessments for violations of permits for the taking of aquarium fish are not adequate to deter illegal fishing. Currently, fines for violations are based on the number of different species of fish unlawfully taken, not the quantity of each species taken. A multiplier clause needs to be added to the statute so that punitive assessments are levied proportionately to the total number of fish taken.
The purpose of this Act is to specify that fines shall be calculated by multiplying each separate species of fish or aquatic life unlawfully taken by the quantity of that species taken, using the appropriate fine for the species the fish or aquatic life.
SECTION 2. 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) Any fines or penalties adopted by rule to comply with subsection (c), shall apply to the taking of each saltwater or freshwater non-game fish, or any specimen of aquatic life, without an aquarium fish permit and shall be calculated by multiplying each separate species unlawfully taken by the quantity of the species taken, using the appropriate fine based on the species of the fish or aquatic life.
[(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 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Aquatic Life; Illegal Taking; Formula for Calculating Fines
Description:
Requires the DLNR to calculate penalties for the unlawful taking of each saltwater or freshwater non-game fish, or any specimen of aquatic life, by multiplying each separate species unlawfully taken by the quantity of that species taken, using the appropriate fine based on the species of the fish or aquatic life.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
