THE SENATE

S.B. NO.

572

THIRTY-FIRST LEGISLATURE, 2021

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:

 

     SECTION 1.  The legislature finds that Hawaii's aquatic resources serve significant economic, ecologic, cultural, and aesthetic importance to agriculture, tourism, food production, and fisheries in the State.  The legislature also recognizes the importance of managing and conserving Hawaii's aquatic resources and ecosystem for present and future generations.  Careful stewardship and protection of Hawaii's aquatic resources are essential to the well-being of our island-state.

     The purpose of this Act is to strengthen the penalties for violations of the State's aquatic resources law by:

     (1)  Authorizing the imposition of a criminal fine;

     (2)  Permitting the department of land and natural resources to recommend community service that benefits the resource damaged when a person is ordered to perform community service in lieu of a fine; and

     (3)  Allowing for a fine up to $1,000 to be levied for all other aquatic life taken, killed, or injured.

     SECTION 2.  Chapter 187A, Hawaii Revised Statutes, is amended by adding one new section to be appropriately designated and to read as follows:

     "§187A-    Criminal fine.  (a)  In addition to any other civil or administrative penalties that may be applicable under this chapter, any person who is convicted of violating this chapter may be subject to a fine imposed under section 706-640.

     (b)  Moneys from the fine collected pursuant to this section shall be deposited to the credit of the conservation and resources enforcement special fund established pursuant to section 199-1.5."

     SECTION 3.  Section 187A-13, Hawaii Revised Statutes, is amended to read as follows:

     "§187A-13  General penalty; community service.  (a)  Any person violating this chapter or any rule adopted thereunder for which a penalty is not otherwise provided, shall be guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than:

     (1)  $250 for a first offense;

     (2)  $500 for a second offense; and

     (3)  $1,000 for a third or subsequent offense.

     (b)  The court may require the defendant to complete an aquatic resources educational class administered by the department in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.

     (c)  The court may direct the defendant to perform community service as administered by the department in lieu of paying any monetary fine authorized by this section[.]; provided that if community service is ordered pursuant to this section , the department may recommend to the court community service that benefits the resource that was damaged.

     (d)  In addition to subsection (a), a fine of up to $1,000 may be levied of all other aquatic life taken, killed, or injured in violation of subtitle 5 of title 12 of the Hawaii Administrative Rules or any rule adopted thereunder."

     SECTION 4.  Section 188-70, Hawaii Revised Statutes, is amended to read as follows:

     "§188-70  Penalties.  (a)  Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23 and 188-39.5, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than:

     (1)  $100 for a first offense;

     (2)  $200 for a second offense; and

     (3)  $500 for a third or subsequent offense.

     (b)  Any person violating section 188-23, is guilty of a class C felony and shall be sentenced pursuant to chapter 706; provided that the environmental court, in addition to any term of imprisonment or any other terms and conditions of probation, shall order the defendant to pay a fine of not less than $1,000.  Notwithstanding section 706-669 and any other law to the contrary, any person in violation of section 188-23(b), as a first offense, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole of thirty days.  Repeat offenders shall be sentenced pursuant to chapter 706.

     (c)  The environmental court may require the defendant to complete an aquatic resources educational class administered by the department of land and natural resources in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.

     (d)  The environmental court may direct the defendant to perform community service as administered by the department of land and natural resources in lieu of paying any monetary fine authorized by this section.

     (e)  In addition to subsection (a), a fine of up to $1,000 may be levied for each specimen of all other aquatic life taken, killed, or injured in violation of subtitle 5 of title 12 of the Hawaii Administrative Rules or any rule adopted thereafter."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2021.

 

 

Report Title:

Aquatic Resources; Violations; Penalties; Fines; Forfeiture

 

Description:

Authorizes the imposition of a criminal fine for violations of the State's aquatic resources law.  Permits the department of land and natural resources to recommend community service that benefits the resource damaged when a person is ordered to perform community service in lieu of a fine.  Allows for a fine up to $1,000 to be levied for all other aquatic life taken, killed, or injured.  (SD1)

 

 

 

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