THE SENATE |
S.B. NO. |
255 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COMMERCIAL MARINE LICENSES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that fishing is an important pastime for many Hawaii residents, providing not only recreational and subsistence benefits, but also as an additional income for many small-scale commercial fishers who often sell a portion of their catch to cover costs of fuel or fishing gear.
The legislature further finds that the current commercial marine license laws are unnecessarily burdensome on boat-based fishers due to the requirement that each individual on a fishing vessel must have a commercial marine license to participate in a commercial fishing trip where the resulting catch may be sold. This places logistical and financial burdens on vessel captains when part-time crew members are needed for a commercial fishing trip or when unscheduled or infrequent visitors are invited aboard. It also leads to confusion about who is responsible for submitting commercial catch reports for fishing activities aboard a vessel.
The legislature also finds that although existing statutory language requires vessel-based fishing charters to obtain a commercial marine license, it is unclear whether shore-based charters are also required to obtain a commercial marine license.
The purpose of this Act is to:
(1) Specify that a single commercial
marine vessel license satisfies the licensure requirement for all persons
aboard the licensed vessel; and
(2) Require any person providing fishing charter services to obtain a commercial marine license.
SECTION 2. Section 189-2, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) No person shall take marine life for
commercial purposes whether the marine life is caught or taken within or
outside of the State, without first obtaining a commercial marine license as
provided in this section[.]; provided that a single valid commercial
marine vessel license shall satisfy the licensure requirement for all persons
taking marine life for commercial purposes aboard the validly-licensed vessel.
(b) [Additionally, any] Any person
providing [vessel] charter services in the State for the taking of
marine life in or outside of the State shall obtain a commercial marine
license."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Commercial Marine Licenses; Commercial Marine Vessel Licenses; Charter Services
Description:
Provides that a single commercial marine vessel license satisfies the licensure requirement for all persons aboard the licensed vessel. Requires any person who provides fishing charter services to obtain a commercial marine license.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.