REPORT TITLE:
Aquatic Resources

DESCRIPTION:
Standardizes the various penalty sections, establishes minimum
fines, and establishes separate and graduated penalties for
chapters 187A, 188, 189, and 190, Hawaii Revised Statutes. (SB
1091 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1091
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   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 three new section to be appropriately
 
 3 designated 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      §187A-    Alien aquatic organisms; lead agency; rules.  (a)
 
10 The department is designated as the lead state agency for
 
11 preventing the introduction and carrying out the destruction of
 
12 alien aquatic organisms through the regulation of ballast water
 
13 discharges and hull fouling organisms.
 
14      (b)  The department may adopt rules in accordance with
 
15 chapter 91, including penalties, to carry out the purposes of
 
16 this section.  The rules may include standards for the department
 
17 and the United States Coast Guard to use as part of their
 
18 respective inspection protocols.  The governor may enter into
 
19 agreement with the Secretary of Transportation to carry out the
 
20 purposes of this section, including the enforcement of state law.
 

 
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 1      §187A-  Rapid response team; composition.  (a)  The
 
 2 department may establish a rapid response team to evaluate the
 
 3 risks and recommend an appropriate course of action in relation
 
 4 to the arrival or pending arrival of a high risk vessel.
 
 5      (b)  The rapid response team may be composed of
 
 6 representatives of the following organizations and individuals:
 
 7      (1)  The department of agriculture;
 
 8      (2)  The department of health;
 
 9      (3)  The department of land and natural resources, division
 
10           of aquatic resources;
 
11      (4)  The department of transportation;
 
12      (5)  The United States Fish and Wildlife Service;
 
13      (6)  The United States National Marine Fisheries Service;
 
14      (7)  The United States Coast Guard;
 
15      (8)  The United States Navy;
 
16      (9)  The commercial shipping, freight, or transportation
 
17           industry;
 
18     (10)  The private boating, fishing, or marine recreation
 
19           industry;
 
20     (11)  The International Maritime Organization; and
 
21     (12)  Any other organization that has an interest in
 
22           preventing the introduction and carrying out the
 
23           destruction of alien aquatic organisms, as determined
 
24           by the chairperson of the board.
 

 
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 1      (c)  For the purpose of this section, the term "high risk
 
 2 vessel" includes fishing and recreational vessels and floating
 
 3 structures, such as barges, dry docks, drilling rigs, and cranes,
 
 4 which have spent extended periods of time tied up in temperate,
 
 5 tropical, or subtropical ports."
 
 6      SECTION 2.  Section 187A-6.5, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]§187A-6.5[]]  Release and confiscation of harmful
 
 9 aquatic life[; penalty].  (a)  No person shall release any live
 
10 non-native fish or other live non-native aquatic life being held
 
11 in an aquarium or other confinement for scientific study,
 
12 exhibition, display, sale, or for any other purpose, into any
 
13 waters of the State, except as provided in section 187A-2(4).
 
14      (b)  The department or its agents may seize, confiscate, or
 
15 destroy, as a public nuisance, any fish or other aquatic life
 
16 found in any waters of the State and whose importation is
 
17 prohibited or restricted pursuant to rules of the department of
 
18 agriculture.
 
19      [(c)  Any person violating this section shall be guilty of a
 
20 petty misdemeanor and upon conviction thereof shall be punished
 
21 as provided by section 188-70.]"
 
22      SECTION 3.  Section 187A-13, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

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

 
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 1 apply[,] if the informer is a regular salaried sheriff, deputy
 
 2 sheriff, police officer, warden or constable, or officer or agent
 
 3 of the department."
 
 4      SECTION 5.  Section 187A-15, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§187A-15[]]  Rights of inspection [of catch.], seizure,
 
 7 and forfeiture.  (a)  Any agent of the department upon whom the
 
 8 board has conferred powers of police officers or any other
 
 9 enforcement officer of the State shall have the authority to
 
10 conduct examinations and searches of:
 
11      (1)  The contents of any bag or container of any kind used
 
12           to carry aquatic life; or
 
13      (2)  Any vehicle or conveyance used to transport aquatic
 
14           life;
 
15 if such agent or officer has probable cause, as provided by law,
 
16 to believe that such bag, container, vehicle, or conveyance
 
17 contains evidence of a violation of [the fishing laws of the
 
18 State.] subtitle 5 of title 12 or any rule adopted thereunder.
 
19 No person shall refuse any enforcement officer of the department
 
20 or any other enforcement officer of the State such examination
 
21 and search.
 
22      (b)  Any property used, or intended for use, in the
 
23 commission of, attempt to commit, or conspiracy to commit a
 

 
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 1 violation of any section of subtitle 5 of title 12 or any rule
 
 2 adopted thereunder, or which facilitated or assisted such
 
 3 activity, is subject to seizure for forfeiture and forfeiture as
 
 4 provided by chapter 712A."
 
 5      SECTION 6.  Section 188-70, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§188-70  Penalties.(a)  Any person violating any
 
 8 provision of this chapter, [excepting] with the exception of
 
 9 section 188-23, or any rule adopted pursuant thereto, is guilty
 
10 of a petty misdemeanor and [upon conviction thereof, shall be
 
11 punished as follows:
 
12      (1)  For a first conviction, by a fine of not more than
 
13           $500, or by imprisonment of not more than thirty days,
 
14           or both;
 
15      (2)  For a second conviction within five years of a previous
 
16           conviction by a fine not less than $100 nor more than
 
17           $500, or by imprisonment of not more than thirty days,
 
18           or both;
 
19      (3)  For a third or subsequent conviction within five years
 
20           of the first two or more convictions, by a fine of not
 
21           less than $300 nor more than $500, or by imprisonment
 
22           of not more than thirty days, or both.]
 
23 , in addition to any other penalties, shall be fined not less
 
24 than:
 

 
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 1      (1)  $100 for a first offense;
 
 2      (2)  $200 for a second offense; and
 
 3      (3)  $500 for a third or subsequent offense.
 
 4      (b)  Any person violating section 188-23, is guilty of a
 
 5 [misdemeanor and upon conviction thereof,] class C felony and
 
 6 shall be [punished as follows:
 
 7      (1)  For a first conviction by a fine of not more than
 
 8           $1,000, or by imprisonment of not more than one year,
 
 9           or both;
 
10      (2)  For a second conviction within five years of a previous
 
11           conviction, by a fine of not less than $250 nor more
 
12           than $1,000 or by imprisonment of not more than one
 
13           year, or both;
 
14      (3)  For a third or subsequent conviction within five years
 
15           of the first two or more convictions, by a fine of not
 
16           less than $500 nor more than $1,000, or by imprisonment
 
17           of not more than one year, or both.]
 
18 sentenced pursuant to chapter 706; provided that the court, in
 
19 addition to any term of imprisonment or any other terms and
 
20 conditions of probation, shall order the defendant to pay a fine
 
21 of not less than $1,000.
 
22      (c)  [In addition to the above penalties, for the first
 
23 conviction a fine of up to $100 may be levied for each specimen
 

 
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 1 of aquatic life taken or rock or coral broken or damaged
 
 2 illegally under this chapter; provided that for every subsequent
 
 3 conviction within five years of the first conviction, a fine of
 
 4 up to $100 shall be levied for each specimen of aquatic life
 
 5 taken or rock or coral broken or damaged illegally under this
 
 6 chapter.] The taking, killing, or injuring of any specimen of
 
 7 aquatic life or the taking, breaking, or damaging of each rock or
 
 8 piece of coral in violation of this chapter or any rule adopted
 
 9 thereunder may be considered a separate offense subject to the
 
10 minimum fines set forth in subsections (a) and (b).
 
11      (d)  Notwithstanding section 706-669 and any other law to
 
12 the contrary, any person in violation of subsection (b), as a
 
13 first offense, shall be sentenced to a mandatory minimum period
 
14 of imprisonment without possibility of parole for thirty days.
 
15 Repeat offenders shall be sentenced pursuant to chapter 706.
 
16      (e)  No fine shall be suspended or waived."
 
17      SECTION 7.  Section 189-4, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§189-4  Penalties.  [In addition to the revocation of a
 
20 commercial marine license, any] (a)  Any person violating any of
 
21 the provisions of [sections 189-2 and 189-3] this chapter for
 
22 which a penalty is not otherwise provided, or any rule of the
 

 
 
 
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 1 department adopted thereunder, shall be guilty of a petty
 
 2 misdemeanor[, and upon conviction thereof, shall be fined not
 
 3 less than $25 nor more than $500, or imprisoned not less than
 
 4 five nor more than thirty days, or both;] and shall be fined not
 
 5 less than:
 
 6      (1)  $250 for the first offense;
 
 7      (2)  $500 for a second offense; and
 
 8      (3)  $1,000 for a third or subsequent offense;
 
 9 provided that in the case of a corporation violating any of the
 
10 provisions only the fine shall be imposed, but any officer of the
 
11 corporation who wilfully procures or permits the violation of the
 
12 provisions by the corporation shall be subject to fine [and] or
 
13 imprisonment, or both, as in the case of an individual violating
 
14 the same.
 
15      (b)  The taking, killing, or injuring of any specimen of
 
16 aquatic life or the taking, breaking, or damaging of each rock or
 
17 piece of coral in violation of this chapter or any rule adopted
 
18 thereunder may be considered a separate violation subject to the
 
19 minimum fines set forth in subsection (a).
 
20      (c)  No fine shall be suspended or waived."
 
21      SECTION 8.  Section 189-14, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
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 1      "§189-14  Rights of entry, penalties.  The department [of
 
 2 land and natural resources] may board any vessel, whether
 
 3 commercial or non-commercial, capable of being used in taking
 
 4 marine life, or enter any place of business where marine life is
 
 5 sold, stored, processed, cooked, canned, or cured, for purposes
 
 6 of investigation and inspection, and inspect any and all books
 
 7 and records containing account of the marine life taken, bought,
 
 8 or sold.
 
 9      Any person who fails to permit an inspection as provided in
 
10 this section, or who refuses to produce any book or record
 
11 containing any information of the marine life taken, bought, or
 
12 sold, and any person who interferes with any officer or agent of
 
13 the department in the performance of the officer's or agent's
 
14 duty as authorized in this section, shall be guilty of a petty
 
15 misdemeanor and[, upon conviction thereof, shall be fined not
 
16 less than $25 nor more than $500, or imprisoned not less than
 
17 five nor more than thirty days, or both.] punished as provided by
 
18 section 189-4 or as otherwise provided."
 
19      SECTION 9.  Section 190-5, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§190-5  Penalty.  (a)  Any person violating this chapter,
 
22 any rule adopted pursuant thereto, or the terms and conditions of
 
23 any permit issued under section 190-4, shall be guilty of a petty
 

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

 
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 1 adopted thereunder, shall be guilty of a petty misdemeanor, and
 
 2 upon conviction thereof, shall be punished as provided by law;
 
 3 provided that any punishment for any violation of the provisions
 
 4 of section 189-15 shall not be deemed to preclude the State from
 
 5 bringing legal actions for damages to, or loss of, such fish
 
 6 aggregating devices."]
 
 7      SECTION 12.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 13.  This Act shall take effect upon its approval.