Bill Text: HI HB1023 | 2020 | Regular Session | Introduced
Bill Title: Relating To Commercial Marine Licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB1023 Detail]
Download: Hawaii-2020-HB1023-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1023 |
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THIRTIETH LEGISLATURE, 2019 |
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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 a source of 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 (CML) laws are unnecessarily burdensome on
boat-based fishers due to the requirement that each individual on a fishing
vessel must have a CML to participate in a commercial fishing trip where the
resulting catch may be sold. This places
logistical and even financial burdens on vessel captains when part-time crew
members are needed for a commercial fishing trip, or when random or infrequent
visitors are invited. It also leads to
confusion regarding who is responsible for submitting commercial catch reports
for fishing activities on board the vessel.
The legislature also recognizes that the
department of land and natural resources (department) lacks the statutory authority
to establish different types of CMLs, which makes it difficult for the
department to develop effective commercial fisheries regulations that
accommodate the needs of different categories of commercial fishers. For example, the department has indicated the
need to distinguish between full-time and part-time CMLs, where full-time
commercial fishers would pay a higher license fee, but would be allowed larger
catch limits than part-time commercial fishers.
The legislature therefore concludes that
creating different types of CMLs, such as a commercial marine vessel license,
fishery and gear-specific CMLs, and full-time and part-time CMLs, would enable
the department to better manage the State's diverse commercial fishing
activities.
This Act authorizes the department to
create a commercial marine vessel license (CMVL), which is intended to cover
everyone on board a fishing vessel under one license and eliminate the need for
individual CMLs. A CMVL would be more convenient
and cost effective for Hawaii boat-based fishers and would clarify who is
responsible for submitting commercial catch reports for the vessel.
This Act also authorizes the department to
establish other types of CMLs, including fishery and gear-specific CMLs and
full-time and part-time CMLs, where full-time CMLs would only be issued to
fishers who derive more than 50 per cent of their annual gross income from the
take or sale of marine life. Details of
each license category would be developed through the rulemaking process
pursuant to chapter 91, Hawaii Revised Statutes.
The legislature also finds that the current
statutory language expressly requires vessel-based fishing charters to obtain a
CML. It is unclear however whether
shore-based charters or guides are also required to obtain a CML. This Act would clarify that any person
providing fishing charter or guide services, whether vessel-based or
shore-based, must first obtain a CML.
This will allow the department to better understand and manage marine
charter fishing activities in the State.
The purpose of this Act is to authorize the
department of land and natural resources to establish different types of CMLs,
including but not limited to CMVLs, fishery and gear-specific CMLs, and
full-time and part-time CMLs; and to require any person providing fishing
charter or guide services, whether vessel-based or shore-based, to first obtain
a CML.
SECTION 2. Section 189-2, Hawaii Revised Statutes, is
amended to read as follows:
"§189-2 Commercial marine license.
(a) The department shall issue
commercial marine licenses for the taking of marine life for commercial
purposes. The department may establish
different types of commercial marine licenses, including but not limited to
commercial marine vessel licenses, fishery and gear-specific commercial marine
licenses, and full-time and part-time commercial marine licenses, and specify
the requirements and qualifications for the issuance of these licenses.
[(a)] (b) 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 the
department may adopt rules pursuant to chapter 91 to exempt persons taking
marine life for commercial purposes pursuant to a valid commercial marine
vessel license.
[(b)] (c)
Additionally, any person providing [vessel] charter or guide
services in the State for the taking of marine life in or outside of the State
shall obtain a commercial marine license.
[(c)] (d)
The department may adopt rules pursuant to chapter 91 necessary for the
purpose of this section and to set fees for commercial marine licensing.
[(d)] (e)
The fees for commercial marine licenses and duplicate commercial marine
licenses shall be established by the department by rules adopted in accordance
with chapter 91.
[(e)] (f)
The department shall suspend, shall refuse to renew, reinstate, or
restore, or shall deny any license issued under this section if the department
has received certification from the child support enforcement agency pursuant
to section 576D-13 that the licensee or applicant is not in compliance with an
order of support or has failed to comply with a subpoena or warrant relating to
a paternity or child support proceeding.
The department shall issue, renew, reinstate, or restore such a license
only upon receipt of authorization from the child support enforcement agency,
the office of child support
hearings,
or the family court.
[(f)] (g)
The department shall not renew or reinstate, or shall deny or suspend
any license or application, if the department has received certification from
an administering entity pursuant to chapter 436C that the licensee or applicant
is in default or breach of any obligation under any student loan, student loan
repayment contract, or scholarship contract that financed the licensee's or
applicant's education, or has failed to comply with a repayment plan.
The department in receipt of a
certification pursuant to chapter 436C shall, as applicable, and without
further review or hearing:
(1) Suspend
the license;
(2) Deny
the application or request for renewal of the license; or
(3) Deny
the request for reinstatement of the license,
and unless otherwise provided by law,
shall renew, reinstate, or grant the license only upon receipt of an
authorization from the administering entity."
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.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Aquatic Resources; Commercial Marine Licenses
Description:
Clarifies that the Department of Land and Natural Resources has the authority to establish different types of commercial marine licenses, including but not limited to commercial marine vessel licenses, fishery and gear-specific commercial marine licenses, and full-time and part-time commercial marine licenses. Requires any person providing fishing charter or guide services, whether vessel-based or shore-based, to first 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.
