REPORT TITLE:
Aquatic Resources

DESCRIPTION:
Clarifies and consolidates the provisions relating to aquatic
resources under subtitle 5 of title 12, HRS. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1181
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO AQUATIC RESOURCES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 187A, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§187A-    Receipts and reports.  Any person who knowingly
 
 5 misrepresents any material fact or makes a false statement in any
 
 6 document required by subtitle 5 of title 12, or any rule adopted
 
 7 thereunder, shall be guilty of a petty misdemeanor and punished
 
 8 as provided by law."
 
 9      SECTION 2.  Section 187A-6.5, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]187A-6.5[]]  Release and confiscation of harmful aquatic
 
12 life[; penalty].  (a)  No person shall release any live
 
13 non-native fish or other live non-native aquatic life being held
 
14 in an aquarium or other confinement for scientific study,
 
15 exhibition, display, sale, or for any other purpose, into any
 
16 waters of the State, except as provided in section 187A-2(4).
 
17      (b)  The department or its agents may seize, confiscate, or
 
18 destroy, as a public nuisance, any fish or other aquatic life
 
19 found in any waters of the State and whose importation is
 

 
Page 2                                                     1181
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1 prohibited or restricted pursuant to rules of the department of
 
 2 agriculture.
 
 3      [(c)  Any person violating this section shall be guilty of a
 
 4 petty misdemeanor and upon conviction thereof shall be punished
 
 5 as provided by section 188-70.]"
 
 6      SECTION 3.  Section 187A-13, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§187A-13  General penalty.  (a)  Any person violating any
 
 9 of the provisions of this chapter or any rule [of the department]
 
10 adopted thereunder for which a penalty is not otherwise provided,
 
11 shall be guilty of a petty misdemeanor and [upon conviction
 
12 thereof shall be punished as provided by section 188-70.], in
 
13 addition to any other penalties, shall be fined not less than:
 
14      (1)  $250 for a first offense;
 
15      (2)  $500 for a second offense; and
 
16      (3)  $1,000 for a third or subsequent offense.
 
17      (b)  The taking, killing, or injury of any specimen of
 
18 aquatic life, or the taking, breaking, or damaging of each rock
 
19 or piece of coral in violation of this chapter or any rule
 
20 adopted thereunder may be considered a separate offense subject
 
21 to the minimum fines set forth in subsection (a).
 
22      (c)  No fine shall be suspended or waived."
 
23      SECTION 4.  Section 187A-14, Hawaii Revised Statutes, is
 

 
Page 3                                                     1181
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1 amended to read as follows:
 
 2      "§187A-14  Informer's fee.  One-half of the fine imposed and
 
 3 collected in all cases wherein the defendant has been convicted
 
 4 for a violation of any of the provisions of [this chapter]
 
 5 subtitle 5 of title 12 or any rule adopted thereunder shall be
 
 6 paid to the person giving the information leading to the arrest
 
 7 of the person so convicted; provided that this section shall not
 
 8 apply[,] if the informer is a regular salaried sheriff, deputy
 
 9 sheriff, police officer, warden or constable, or officer or agent
 
10 of the department."
 
11      SECTION 5.  Section 187A-15, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]§187A-15[]]  Rights of inspection [of catch.], seizure,
 
14 and forfeiture.  (a)  Any agent of the department upon whom the
 
15 board has conferred powers of police officers or any other
 
16 enforcement officer of the State shall have the authority to
 
17 conduct examinations and searches of:
 
18      (1)  The contents of any bag or container of any kind used
 
19           to carry aquatic life; or
 
20      (2)  Any vehicle or conveyance used to transport aquatic
 
21           life;
 
22 if such agent or officer has probable cause, as provided by law,
 
23 to believe that such bag, container, vehicle, or conveyance
 

 
Page 4                                                     1181
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1 contains evidence of a violation of [the fishing laws of the
 
 2 State.] subtitle 5 of title 12 or any rule adopted thereunder.
 
 3 No person shall refuse any enforcement officer of the department
 
 4 or any other enforcement officer of the State such examination
 
 5 and search.
 
 6      (b)  Any property used, or intended for use, in the
 
 7 commission of, attempt to commit, or conspiracy to commit a
 
 8 violation of any section of subtitle 5 of title 12 or any rule
 
 9 adopted thereunder, or which facilitated or assisted such
 
10 activity, is subject to seizure for forfeiture and forfeiture as
 
11 provided by chapter 712A."
 
12      SECTION 6.  Section 188-70, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§188-70  Penalties.(a)  Any person violating any
 
15 provision of this chapter, excepting section 188-23, or any rule
 
16 adopted pursuant thereto, is guilty of a petty misdemeanor and
 
17 [upon conviction thereof, shall be punished as follows:
 
18      (1)  For a first conviction, by a fine of not more than
 
19           $500, or by imprisonment of not more than thirty days,
 
20           or both;
 
21      (2)  For a second conviction within five years of a previous
 
22           conviction by a fine not less than $100 nor more than
 
23           $500, or by imprisonment of not more than thirty days,
 

 
Page 5                                                     1181
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1           or both;
 
 2      (3)  For a third or subsequent conviction within five years
 
 3           of the first two or more convictions, by a fine of not
 
 4           less than $300 nor more than $500, or by imprisonment
 
 5           of not more than thirty days, or both.]
 
 6 , in addition to any other penalties, shall be fined not less
 
 7 than:
 
 8      (1)  $100 for a first offense;
 
 9      (2)  $200 for a second offense; and
 
10      (3)  $500 for a third or subsequent offense.
 
11      (b)  Any person violating section 188-23, is guilty of a
 
12 [misdemeanor and upon conviction thereof,] class C felony and
 
13 shall be [punished as follows:
 
14      (1)  For a first conviction by a fine of not more than
 
15           $1,000, or by imprisonment of not more than one year,
 
16           or both;
 
17      (2)  For a second conviction within five years of a previous
 
18           conviction, by a fine of not less than $250 nor more
 
19           than $1,000 or by imprisonment of not more than one
 
20           year, or both;
 
21      (3)  For a third or subsequent conviction within five years
 
22           of the first two or more convictions, by a fine of not
 
23           less than $500 nor more than $1,000, or by imprisonment
 

 
Page 6                                                     1181
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1           of not more than one year, or both.]
 
 2 sentenced pursuant to chapter 706; provided that the court, in
 
 3 addition to any term of imprisonment or any other terms and
 
 4 conditions of probation, shall order the defendant to pay a fine
 
 5 of not less than $1,000.
 
 6      (c)  [In addition to the above penalties, for the first
 
 7 conviction a fine of up to $100 may be levied for each specimen
 
 8 of aquatic life taken or rock or coral broken or damaged
 
 9 illegally under this chapter; provided that for every subsequent
 
10 conviction within five years of the first conviction, a fine of
 
11 up to $100 shall be levied for each specimen of aquatic life
 
12 taken or rock or coral broken or damaged illegally under this
 
13 chapter.] The taking, killing, or injuring of any specimen of
 
14 aquatic life or the taking, breaking, or damaging of each rock or
 
15 piece of coral in violation of this chapter or any rule adopted
 
16 thereunder may be considered a separate offense subject to the
 
17 minimum fines set forth in subsections (a) and (b).
 
18      (d)  Notwithstanding section 706-669 and any other law to
 
19 the contrary, any person in violation of subsection (b), as a
 
20 first offense, shall be sentenced to a mandatory minimum period
 
21 of imprisonment without possibility of parole for thirty days.
 
22 Repeat offenders shall be sentenced pursuant to chapter 706.
 
23      (e)  No fine shall be suspended or waived."
 

 
Page 7                                                     1181
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1      SECTION 7.  Section 189-4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§189-4  Penalties.  [In addition to the revocation of a
 
 4 commercial marine license, any] (a)  Any person violating any of
 
 5 the provisions of [sections 189-2 and 189-3] this chapter for
 
 6 which a penalty is not otherwise provided, or any rule of the
 
 7 department adopted thereunder, shall be guilty of a petty
 
 8 misdemeanor[, and upon conviction thereof, shall be fined not
 
 9 less than $25 nor more than $500, or imprisoned not less than
 
10 five nor more than thirty days, or both;] and shall be fined not
 
11 less than:
 
12      (1)  $250 for the first offense;
 
13      (2)  $500 for a second offense; and
 
14      (3)  $1,000 for a third or subsequent offense;
 
15 provided that in the case of a corporation violating any of the
 
16 provisions only the fine shall be imposed, but any officer of the
 
17 corporation who wilfully procures or permits the violation of the
 
18 provisions by the corporation shall be subject to fine [and] or
 
19 imprisonment, or both, as in the case of an individual violating
 
20 the same.
 
21      (b)  The taking, killing, or injuring of any specimen of
 
22 aquatic life or the taking, breaking, or damaging of each rock or
 
23 piece of coral in violation of this chapter or any rule adopted
 

 
Page 8                                                     1181
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1 thereunder may be considered a separate violation subject to the
 
 2 minimum fines set forth in subsection (a).
 
 3      (c)  No fine shall be suspended or waived."
 
 4      SECTION 8.  Section 189-14, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§189-14  Rights of entry, penalties.  The department [of
 
 7 land and natural resources] may board any vessel, whether
 
 8 commercial or non-commercial, capable of being used in taking
 
 9 marine life, or enter any place of business where marine life is
 
10 sold, stored, processed, cooked, canned, or cured, for purposes
 
11 of investigation and inspection, and inspect any and all books
 
12 and records containing account of the marine life taken, bought,
 
13 or sold.
 
14      Any person who fails to permit an inspection as provided in
 
15 this section, or who refuses to produce any book or record
 
16 containing any information of the marine life taken, bought, or
 
17 sold, and any person who interferes with any officer or agent of
 
18 the department in the performance of the officer's or agent's
 
19 duty as authorized in this section, shall be guilty of a petty
 
20 misdemeanor and[, upon conviction thereof, shall be fined not
 
21 less than $25 nor more than $500, or imprisoned not less than
 
22 five nor more than thirty days, or both.] punished as provided by
 
23 section 189-4 or as otherwise provided."
 

 
Page 9                                                     1181
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1      SECTION 9.  Section 190-5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§190-5  Penalty.  (a)  Any person violating this chapter,
 
 4 any rule adopted pursuant thereto, or the terms and conditions of
 
 5 any permit issued under section 190-4, shall be guilty of a petty
 
 6 misdemeanor and [fined not more than $500 or imprisoned not more
 
 7 than thirty days, or both.] fined not less than:
 
 8      (1)  $250 for a first offense;
 
 9      (2)  $500 for a second offense; and
 
10      (3)  $1,000 for a third or subsequent offense.
 
11      (b)  The taking, killing, or injuring of any specimen of
 
12 aquatic life or the taking, breaking, or damaging of each rock or
 
13 piece of coral in violation of this chapter or any rule adopted
 
14 thereunder may be considered a separate violation subject to the
 
15 minimum fines set forth in subsection (a).
 
16      (c)  No fine shall be suspended or waived."
 
17      SECTION 10.  Section 189-13, Hawaii Revised Statutes, is
 
18 repealed.
 
19      ["§189-13  Penalty.  Any person violating any of the
 
20 provisions of sections 189-10 and 189-11, or who misrepresents or
 
21 makes a false statement in the issuance of receipts or in the
 
22 reports, shall be fined not more than $500, or imprisoned not
 
23 more than one hundred days, or both."]
 

 
Page 10                                                    1181
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1      SECTION 11.  Section 189-16, Hawaii Revised Statutes, is
 
 2 repealed.
 
 3      ["§189-16  Penalties.  A person violating the provisions of
 
 4 section 189-15 or any of the sections in this part for which a
 
 5 penalty is not otherwise provided, or any rule of the department
 
 6 adopted thereunder, shall be guilty of a petty misdemeanor, and
 
 7 upon conviction thereof, shall be punished as provided by law;
 
 8 provided that any punishment for any violation of the provisions
 
 9 of section 189-15 shall not be deemed to preclude the State from
 
10 bringing legal actions for damages to, or loss of, such fish
 
11 aggregating devices."]
 
12      SECTION 12.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 13.  This Act shall take effect upon its approval.