Bill Text: HI SB1136 | 2019 | Regular Session | Amended
Bill Title: Relating To Fishing.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB1136 Detail]
Download: Hawaii-2019-SB1136-Amended.html
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THE SENATE |
S.B. NO. |
1136 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FISHING.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that night scuba
spearfishing could potentially deplete the ocean of aquatic life, which is
necessary for the preservation of Hawaii's ocean environment and coral
reefs. Most fish sleep at night and are
easy prey to scuba spearfishers. Many night scuba spearfishers target larger
fish, which subsequently reduces the mean size of species left to be fished. This is a concern because the larger fish lay
more eggs, and the offspring of larger female fish are healthier and have a
better chance of survival than the offspring of younger, smaller fish. Selective size-based fishing is concerning to
fishery managers because as mean fish size decreases, reproductive output
declines exponentially.
The purpose of this Act is to protect the State's environment, aquatic species, and fishing stocks by prohibiting scuba spearfishing at night.
SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§188- Scuba
spearfishing at night; prohibition. (a) It is unlawful
to conduct scuba spearfishing at night in state marine waters for the purpose
of taking aquatic life, except under the terms and conditions of a permit first
obtained by the user from the department.
The department may issue permits for nighttime scuba spearfishing consistent
with other legal requirements.
(b) The
department may revoke any permit for any infraction of the terms and conditions
of the permit. Any person whose permit
has been revoked shall not be eligible to apply for another permit until the
expiration of one year from the date of revocation.
(c) The department
shall adopt rules pursuant to chapter 91 necessary for the purposes of this
section, including enforcement of and exemptions to this section."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect on December 31, 2050.
Report Title:
Scuba; Spearfishing; Night; Prohibition; Aquatic Life
Description:
Prohibits scuba spearfishing at night for the purpose of taking aquatic life, except through a permit. Takes effect 12/31/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
