REPORT TITLE:
Aquatic resrcs; conservation

DESCRIPTION:
Clarifies and consolidates penalty provisions related to aquatic
resources. Reclassifies illegal taking methods to a class C
felony.

 
a                                                     LNR-13(99)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1091
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
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 non-
 
13 native fish or other live non-native aquatic life being held in
 
14 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
 

 
a                                                     LNR-13(99)
Page 2                                                     1091
                                     S.B. NO.           
                                                        
                                                        

 
 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)  Each specimen of aquatic life taken, killed, or injured
 
18 or rock or coral taken, broken, or damaged in violation of this
 
19 chapter or any rule adopted thereunder may be considered a
 
20 separate offense subject to the minimum penalties set forth in
 
21 subsection (a).
 
22      (c)  The fines shall not be suspended or waived."
 

 
a                                                     LNR-13(99)
 
Page 3                                                     1091
                                     S.B. NO.           
                                                        
                                                        

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

 
a                                                     LNR-13(99)
 
Page 4                                                     1091
                                     S.B. NO.           
                                                        
                                                        

 
 1 if such agent or officer has probable cause, as provided by law,
 
 2 to believe that such bag, container, vehicle, or conveyance
 
 3 contains evidence of a violation of [the fishing laws of the
 
 4 State.] subtitle 5 of title 12 or any rule adopted thereunder.
 
 5 No person shall refuse any enforcement officer of the department
 
 6 or any other enforcement officer of the State such examination
 
 7 and search.
 
 8      (b)  Any property used, or intended for use, in the
 
 9 commission of, attempt to commit, or conspiracy to commit a
 
10 violation of any section of subtitle 5 of title 12 or any rule
 
11 adopted thereunder, or which facilitated or assisted such
 
12 activity, is subject to seizure for forfeiture and forfeiture as
 
13 provided by chapter 712A."
 
14      SECTION 6.  Section 188-70, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "§188-70  Penalties.(a)  Any person violating any
 
17 provision of this chapter, excepting section 188-23, or any rule
 
18 adopted pursuant thereto, is guilty of a petty misdemeanor and
 
19 [upon conviction thereof, shall be punished as follows:
 
20      (1)  For a first conviction, by a fine of not more than
 
21           $500, or by imprisonment of not more than thirty days,
 
22           or both;
 

 
a                                                     LNR-13(99)
 
Page 5                                                     1091
                                     S.B. NO.           
                                                        
                                                        

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

 
a                                                     LNR-13(99)
 
Page 6                                                     1091
                                     S.B. NO.           
                                                        
                                                        

 
 1           year, 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 $500 nor more than $1,000, or by imprisonment
 
 5           of not more than one year, or both.]
 
 6 sentenced pursuant to chapter 706; provided that the court, in
 
 7 addition to any term of imprisonment or any other terms and
 
 8 conditions of probation, shall order the defendant to pay a fine
 
 9 of not less than $1,000.
 
10      (c)  [In addition to the above penalties, for the first
 
11 conviction a fine of up to $100 may be levied for each specimen
 
12 of aquatic life taken or rock or coral broken or damaged
 
13 illegally under this chapter; provided that for every subsequent
 
14 conviction within five years of the first conviction, a fine of
 
15 up to $100 shall be levied for each specimen of aquatic life
 
16 taken or rock or coral broken or damaged illegally under this
 
17 chapter.]  Each specimen of aquatic life taken, killed, or
 
18 injured or rock or coral taken, broken, or damaged in violation
 
19 of this chapter or any rule adopted thereunder may be considered
 
20 a separate offense subject to the minimum penalties set forth in
 
21 subsections (a) and (b).
 
22      (d)  Notwithstanding section 706-669 and any other law to
 

 
a                                                     LNR-13(99)
 
Page 7                                                     1091
                                     S.B. NO.           
                                                        
                                                        

 
 1 the contrary, any person in violation of subsection (b), as a
 
 2 first offense, shall be sentenced to a mandatory minimum period
 
 3 of imprisonment without possibility of parole for thirty days.
 
 4 Repeat offenders shall be sentenced pursuant to chapter 706.
 
 5      (e)  The fines shall not be suspended or waived."
 
 6      SECTION 7.  Section 189-4, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§189-4  Penalties.  [In addition to the revocation of a
 
 9 commercial marine license, any] (a)  Any person violating any of
 
10 the provisions of [sections 189-2 and 189-3] this chapter for
 
11 which a penalty is not otherwise provided, or any rule of the
 
12 department adopted thereunder, shall be guilty of a petty
 
13 misdemeanor[, and upon conviction thereof, shall be fined not
 
14 less than $25 nor more than $500, or imprisoned not less than
 
15 five nor more than thirty days or both;] and punishable as
 
16 provided in subsection (b); provided that in the case of a
 
17 corporation violating any of the provisions only the fine shall
 
18 be imposed, but any officer of the corporation who willfully
 
19 procures or permits the violation of the provisions by the
 
20 corporation shall be subject to fine [and] or imprisonment, or
 
21 both, as in the case of an individual violating the same.
 
22      (b)  The punishment, in addition to any other penalties,
 

 
a                                                     LNR-13(99)
 
Page 8                                                     1091
                                     S.B. NO.           
                                                        
                                                        

 
 1 shall be a fine not less than:
 
 2      (1)  $250 for a first offense;
 
 3      (2)  $500 for a second offense; and
 
 4      (3)  $1,000 for a third or subsequent offense.
 
 5      (c)  Each specimen of aquatic life taken, killed, or injured
 
 6 or rock or coral taken, broken, or damaged in violation of this
 
 7 chapter or any rule adopted thereunder may be considered a
 
 8 separate violation subject to the minimum penalties set forth in
 
 9 subsection (b).
 
10      (d)  The fines shall not be suspended or waived."
 
11      SECTION 8.  Section 189-14, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§189-14  Rights of entry, penalties.  The department [of
 
14 land and natural resources] may board any vessel, whether
 
15 commercial or non-commercial, capable of being used in taking
 
16 marine life, or enter any place of business where marine life is
 
17 sold, stored, processed, cooked, canned, or cured, for purposes
 
18 of investigation and inspection, and inspect any and all books
 
19 and records containing account of the marine life taken, bought,
 
20 or sold.
 
21      Any person who fails to permit an inspection as provided in
 
22 this section, or who refuses to produce any book or record
 

 
a                                                     LNR-13(99)
 
Page 9                                                     1091
                                     S.B. NO.           
                                                        
                                                        

 
 1 containing any information of the marine life taken, bought, or
 
 2 sold, and any person who interferes with any officer or agent of
 
 3 the department in the performance of the officer's or agent's
 
 4 duty as authorized in this section, shall be guilty of a petty
 
 5 misdemeanor and[, upon conviction thereof, shall be fined not
 
 6 less than $25 nor more than $500, or imprisoned not less than
 
 7 five nor more than thirty days, or both.] punished as provided by
 
 8 section 189-4 or as otherwise provided."
 
 9      SECTION 9.  Section 190-5, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§190-5  Penalty.  (a)  Any person violating this chapter,
 
12 any rule adopted pursuant thereto, or the terms and conditions of
 
13 any permit issued under section 190-4, shall be guilty of a petty
 
14 misdemeanor and [fined not more than $500 or imprisoned not more
 
15 than thirty days, or both.] punished as provided in subsections
 
16 (b) and (c).
 
17      (b)  The punishment, in addition to any other penalties,
 
18 shall be a fine not less than:
 
19      (1)  $250 for a first offense;
 
20      (2)  $500 for a second offense; and
 
21      (3)  $1,000 for a third or subsequent offense.
 
22      (c)  Each specimen of aquatic life taken, killed, or injured
 

 
a                                                     LNR-13(99)
 
Page 10                                                    1091
                                     S.B. NO.           
                                                        
                                                        

 
 1 or rock or coral taken, broken, or damaged in violation of this
 
 2 chapter or any rule adopted thereunder may be considered a
 
 3 separate violation subject to the minimum penalties set forth in
 
 4 subsection (b).
 
 5      (d)  The fines shall not be suspended or waived."
 
 6      SECTION 10.  Section 189-13, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      ["§189-13  Penalty.  Any person violating any of the
 
 9 provisions of sections 189-10 and 189-11, or who misrepresents or
 
10 makes a false statement in the issuance of receipts or in the
 
11 reports, shall be fined not more than $500, or imprisoned not
 
12 more than one hundred days, or both."]
 
13      SECTION 11.  Section 189-16, Hawaii Revised Statutes, is
 
14 repealed.
 
15      ["§189-16  Penalties.  A person violating the provisions of
 
16 section 189-15 or any of the sections in this part for which a
 
17 penalty is not otherwise provided, or any rule of the department
 
18 adopted thereunder, shall be guilty of a petty misdemeanor, and
 
19 upon conviction thereof, shall be punished as provided by law;
 
20 provided that any punishment for any violation of the provisions
 
21 of section 189-15 shall not be deemed to preclude the State from
 
22 bringing legal actions for damages to, or loss of, such fish
 

 
a                                                     LNR-13(99)
 
Page 11                                                    1091
                                     S.B. NO.           
                                                        
                                                        

 
 1 aggregating devices."]
 
 2      SECTION 12.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 13.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY: ________________________
 

 
a                                                     LNR-13(99)