Hawaii-2015-HB1339-Amended

SECTION 1. The legislature finds that sharks and manta rays are extremely important to ocean ecosystems. As ocean predators near the top of the food chain, sharks and manta rays keep the ecosystem balanced, regulate populations of other marine life, and ensure healthy fish stock and reefs.

Sharks and manta rays are more vulnerable to fishing pressures than most other fish species. They are long-lived, slow-growing, start reproducing at an advanced age, and produce relatively few offspring per year. If over-fished, these populations take a long time to recover. If the food chain is disrupted by a decline in the shark population, it affects the entire reef system. Protection for sharks and manta rays ultimately means healthier, more resilient oceans and reefs that are better able to withstand other pressures on the ocean ecosystem from climate change and pollution.

Sharks and manta rays on the reefs not only play important ecological roles but are also valued figures in Hawaiian culture and are important economically to ocean recreation industries and to tourism in Hawaii. The benefits of maintaining viable populations greatly outweigh any value that would be gained by killing these species.

The purpose of this Act is to:

(1) Protect sharks and manta rays for ecological purposes, for their value to the ocean recreation industry, and for their value to native Hawaiian cultural practices; and

(2) Establish fines and penalties for knowingly capturing, killing, or taking a shark within state waters.

SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section be appropriately designated and to read as follows:

"§188- Sharks; prohibitions; exceptions; penalties and fines. (a) Except as provided in subsections (e) through (i), or as otherwise provided by law, no person shall knowingly capture, kill, or take any shark within state marine waters.

(b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor; provided that the fine for violating this section shall be:

(1) $500 for a first offense;

(2) $2,000 for a second offense; and

(3) $10,000 for a third or subsequent offense.

(1) An administrative fine of not more than $10,000 for each shark captured, killed, or taken in violation of this section;

(2) Seizure and forfeiture of any captured sharks, commercial marine license, vessel, and fishing equipment; and

(3) Assessment of administrative fees and costs, and attorney's fees and costs.

(d) The criminal penalties and administrative fines and costs shall be assessed per shark captured, killed, or taken in violation of this section.

(e) This section shall not prohibit special activity permits allowed under section 187A-6; provided that the permit issued does not allow a take that exceeds the potential biological removal level.

(f) This section shall not apply to any person exercising native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7 of the Hawaii State Constitution.

(g) This section shall not apply to the department or its designated agent if the capture, kill, or take is for public safety.

(h) This section shall not apply to any person who captures, kills, or takes a shark outside of state marine waters.

(i) This section shall not apply to any person who is protecting themselves from an attack by a shark.

(j) For the purposes of this section, "take" means catching, confining, landing, or harvesting using a pole, tine, hook, net, trap, spear, or other gear which is designed to catch, land, or harvest aquatic life."

SECTION 3. Section 188-39.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§188-39.5[]] Manta rays; prohibitions, penalties and fines. (a) [No] Except as provided in subsections (e) through (h), or as otherwise provided by law, no person shall knowingly capture, take, or kill a manta ray within state marine waters.

(b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor and shall be fined:

(1) $500 for a first offense;

(2) $2,000 for a second offense; and

(3) $10,000 for a third or subsequent offense.

(1) An administrative fine of not more than $10,000 for each manta ray captured, taken, or killed in violation of this section;

(2) Seizure and forfeiture of any captured manta rays, commercial marine license, vessel, and fishing equipment; and

(3) Assessment of administrative fees and costs, and attorney's fees and costs.

(d) The criminal penalties and administrative fines and costs shall be assessed per manta ray captured, taken, or killed in violation of this section.

(e) This section shall not prohibit special activity permits allowed under section 187A-6; provided that the permit issued does not allow a take that exceeds the potential biological removal level[~~; and provided further that the department shall adopt rules to define a "take" and determine when a take exceeds the potential biological removal level~~].

(f) This section shall not apply to any person exercising native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department of land and natural resources pursuant to article XII, section 7 of the Hawaii State Constitution.

(g) This section shall not apply to the department or its designated agent if the capture, kill, or take is for public safety.

(h) This section shall not apply to any person who captures, kills, or takes a manta ray outside of state marine waters.

(i) For the purposes of this section, "take" means catching, confining, landing, or harvesting using a pole, tine, hook, net, trap, spear, or other gear which is designed to catch, land, or harvest aquatic life.

(j) The department may promulgate rules to identify and protect the three most threatened species of manta ray."

SECTION 4. Section 188-70, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23 [~~and~~], 188-39.5, and 188- 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."

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 upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	1339
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII