HOUSE OF REPRESENTATIVES	H.B. NO.	1765
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

relating to spearfishing safety.

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

SECTION 1. The legislature finds that breath-hold diving associated with spearfishing presents a risk of hypoxia, including shallow-water blackout, which may result in loss of consciousness, serious injury, or death. The legislature further finds that increased public awareness of hypoxic risk has been shown to reduce preventable drowning incidents.

The legislature recognizes that spearfishing is a lawful activity in the State and includes traditional, cultural, subsistence, and recreational practices.

Therefore, the purpose of this Act is to promote public health and safety through clear risk disclosure, without restricting lawful fishing practices or traditional uses, by establishing safety-warning requirements regarding spearfishing.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321-    Spearfishing safety; warning requirements. (a) Any speargun or pole spear sold, leased, rented, or otherwise commercially distributed for use in the State shall display a safety warning regarding hypoxic risk associated with breath-hold diving.

(b) The warning required by subsection (a) shall state, in substantially similar language:

"DANGER: SPEARFISHING INVOLVES BREATH-HOLD DIVING. PROLONGED SUBMERSION OR IMPROPER BREATHING MAY CAUSE HYPOXIA, LOSS OF CONSCIOUSNESS, OR DEATH. NEVER DIVE ALONE."

(c) The warning required in subsection (b) shall:

(1) Be permanently affixed, engraved, printed, or otherwise made durable;

(2) Be conspicuous and legible under normal conditions of use; and

(3) Appear in the English language and any additional language determined by the department of health to be appropriate, based on demographic and visitor use data.

(d) This section shall not apply to:

(1) Traditional, handcrafted, or homemade fishing implements not sold, rented, or otherwise distributed through a commercial transaction; or

(2) Private, non-commercial transfers of spearfishing equipment.

(e) The department of health shall adopt rules pursuant to chapter 91 to implement this section, including but not limited to requirements regarding:

(1) The minimum size, format, and placement of the warning required in subsection (b);

(2) Educational materials for retailers, lessors, rental operators, and other commercial distributors of spearguns or pole spears; and

(3) Exemptions consistent with subsection (d).

(f) Failure to comply with this section shall constitute a violation subject to enforcement by the department of health pursuant to this section and rules adopted thereunder."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2027.

INTRODUCED BY:

_____________________________

Report Title:

Spearfishing Safety; Warning Requirements

Description:

Establishes safety-warning requirements regarding spearfishing. Effective 7/1/2027.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.