Bill Text: HI SB2158 | 2024 | Regular Session | Introduced
Bill Title: Relating To Fishing Safety.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced) 2024-01-18 - Referred to WTL, JDC. [SB2158 Detail]
Download: Hawaii-2024-SB2158-Introduced.html
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THE SENATE |
S.B. NO. |
2158 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FISHING SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that makai watch is an official program of the department of land and natural resources, which enhances protection of nearshore and coastal resources by providing community members opportunities to work and interact with resource managers and enforcement officers in their community. The makai watch program plays an important role as the eyes and ears of the division of conservation and resources enforcement. Makai watch volunteers participate in two types of activities:
(1) Observation and incident reporting; and
(2) Awareness raising and outreach.
Volunteers in the makai watch program are trained to conduct these activities in a manner that does not interfere with fishing activities.
The purpose of this Act is to:
(1) Prohibit purposeful harassment with the intent to prevent the taking of fish by people who are fishing; and
(2) Extend protections against harassment to all persons fishing in marine waters.
SECTION 2. Section 188-71, Hawaii Revised Statutes, is amended to read as follows:
"[[]§188-71[]] Harassment of [fishermen] fishers; prohibition. (a) No
person shall intentionally prevent or attempt to prevent the lawful taking of
fish by a person [licensed pursuant to section 188-50] fishing in
state waters by[:] intentionally:
(1) Placing
the person's self in a location in which human presence may affect the behavior
of fish to be taken or the feasibility of taking [such] fish;
(2) Creating a visual, aural, olfactory, or physical stimulus to affect the behavior of fish to be taken;
(3) Affecting the condition or placement of personal property intended for use in the taking; or
(4) Obstructing
the person's access to areas in which the person intends to lawfully take fish[.],
with the intent
to prevent the taking of fish.
(b) No person shall enter or remain upon public lands or waters, or upon private lands or waters, without permission of the owner or the owner's agent, with intent to violate this section.
(c) It
shall not be a violation of subsection (a) to:
(1) Take
photographs or video recording of a person engaged in the taking of fish or
related activities while over one hundred feet away from the person; or
(2) Engage
in activities pursuant to the department of land and natural resources' makai
watch program.
[(c)] (d) The maximum penalty for violation of
subsection (a) or (b) is a fine of $500, thirty days imprisonment, or both."
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.
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INTRODUCED BY: |
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Report Title:
Harassment; Fishers
Description:
Prohibits purposeful harassment with the intent to prevent the taking of fish by persons who are fishing in state waters.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
