Bill Text: HI HB1653 | 2022 | Regular Session | Amended
Bill Title: Relating To Aquatic Resources.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Passed) 2022-06-13 - Act 035, on 06/08/2022 (Gov. Msg. No. 1135). [HB1653 Detail]
Download: Hawaii-2022-HB1653-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1653 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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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 are of significant economic, ecologic, cultural, and aesthetic importance to agriculture, tourism, food production, and fisheries in the State. The legislature 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 the State.
The purpose of this Act is to strengthen the penalties for violations of the State's aquatic resources law by:
(1) Establishing a tiered administrative fine system for each specimen of aquatic life taken, killed, or injured;
(2) Establishing a criminal fine structure on a per-specimen basis for violations involving aquatic life;
(3) Authorizing 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
(4) Authorizing the department of land and natural resources to recommend to the court that defendants be restricted from entering specific geographical areas where aquatic resources may be found, including ocean waters, estuaries, rivers, and streams.
SECTION 2. Section 187A-12.5, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:
"(d) [In addition to subsection (b), a fine of
up to $5,000] A fine in addition to the fine under subsection (b) may
be levied for each specimen of threatened or endangered aquatic life taken,
killed, or injured in violation of subtitle 5 of title 12 or any rule adopted
thereunder[.] as follows:
(1) For a first violation,
up to $5,000 or the retail market value of the specimen, whichever
is higher;
(2) For a second violation,
up to $10,000 or the retail market value of the specimen, whichever
is higher; and
(3) For a third or subsequent
violation, up to $15,000 or the retail market value of the specimen,
whichever is higher.
(e)
[In addition to subsection (c), a fine of up to $1,000] A fine
in addition to the fine under subsection (c) may be levied for each
specimen of all other aquatic life taken, killed, or injured in violation of
subtitle 5 of title 12 or any rule adopted thereunder[.] as follows:
(1) For a first violation,
up to $1,000 or the retail market value of the specimen, whichever
is higher;
(2) For a second violation,
up to $2,000 or the retail market value of the specimen, whichever
is higher; and
(3) For a third or subsequent
violation, up to $3,000 or the retail market value of the specimen,
whichever is higher."
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) A fine in addition to the fine under subsection
(a) may be levied for each specimen of aquatic life taken, killed, or injured in
violation of this chapter or any rule adopted thereunder as follows:
(1) For a first offense, up
to $250 or the retail market value of the specimen, whichever is higher;
(2) For a second offense, up
to $500 or the retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent
offense, up to $1,000 or the retail market value of the specimen,
whichever is higher.
[(b)] (c) 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)] (d) 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 subsection, the department may recommend to
the court an order of community service that benefits the resource that was damaged.
(1) Entering specific geographical areas
within waters of the State where aquatic resources may be found, including ocean
waters, estuaries, rivers, and streams;
(2) Engaging in certain
fishing activities;
(3) Handling, operating,
or possessing certain fishing gear or boating equipment; and
(4) Taking or possessing
certain species of aquatic life."
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, 188-39.5, and 188-40.8, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined no less than:
(1) $100 for a first offense;
(2) $200 for a second offense; and
(3) $500 for a third or subsequent offense.
(b) A fine in addition to the fine under subsection
(a) may be levied for each specimen of aquatic life taken, killed, or injured in
violation of this chapter or any rule adopted thereunder as follows:
(1) For a first offense, up
to $100 or the retail market value of the specimen, whichever is higher;
(2) For a second offense, up
to $200 or the retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent
offense, up to $500 or the retail market value of the specimen, whichever
is higher.
[(b)] (c) 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)] (d) 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)] (e) 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[.]; provided that if community service is ordered pursuant
to this subsection, the department of land and natural resources may recommend to
the environmental court an order of community service that benefits the resource
that was damaged.
(f) The department of land and natural resources may
recommend to the environmental court that the defendant be sentenced to probation
with probationary terms and conditions consistent with sections 706-623 and 706-624,
including but not limited to restrictions on:
(1) Entering specific
geographical areas within waters of the State where aquatic resources may be found,
including ocean waters, estuaries, rivers, and streams;
(2) Engaging in certain
fishing activities;
(3) Handling, operating,
or possessing certain fishing gear or boating equipment; and
(4) Taking or possessing certain species of aquatic life."
SECTION 5. Section 189-4, Hawaii Revised Statutes, is amended to read as follows:
"§189-4 Penalties. (a) Any person violating any of the provisions of this chapter for which a penalty is not otherwise provided, or any rule of the department adopted thereunder, shall be guilty of a petty misdemeanor and punishable as provided in subsection (b); provided that in the case of a corporation violating any of the provisions, only the fine shall be imposed, but any officer of the corporation who wilfully procures or permits the violation of the provisions by the corporation shall be punishable as in the case of an individual violating the same.
(b) The punishment, in addition to any other penalties, shall be a fine of 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.
(c) A fine in addition to the fine under subsection
(b) may be levied for each specimen of aquatic life taken, killed, injured, or sold
in violation of this chapter or any rule adopted thereunder as follows:
(1) For a first offense, up
to $250 or the retail market value of the specimen, whichever is higher;
(2) For a second offense, up
to $500 or the retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent
offense, up to $1,000 or the retail market value of the specimen,
whichever is higher.
[(c)] (d) The fines specified in this section shall not
be suspended or waived.
(e) The department may recommend to the court that
the defendant be sentenced to probation with probationary terms and conditions consistent
with sections 706-623 and 706-624, including but not limited to restrictions on:
(1) Entering specific
geographical areas within waters of the State where aquatic resources may be found,
including ocean waters, estuaries, rivers, and streams;
(2) Engaging in certain
fishing activities;
(3) Handling, operating,
or possessing certain fishing gear or boating equipment; and
(4) Taking or possessing
certain species of aquatic life."
SECTION 6. Section 190-5, Hawaii Revised Statutes, is amended to read as follows:
"§190-5 Penalty. (a)
Any person violating this chapter, any rule adopted pursuant thereto, or
the terms and conditions of any permit issued under section 190-4, shall be
guilty of a petty misdemeanor and punished as provided in subsections (b) [and
(c).], (c), and (d).
(b) The punishment, in addition to any other penalties, shall be a fine of 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.
(c) A fine in addition to the fine under subsection
(b) may be levied for each specimen of aquatic life taken, killed, or injured in
violation of this chapter or any rule adopted thereunder as follows:
(1) For a first offense, up
to $250 or the retail market value of the specimen, whichever is higher;
(2) For a second offense, up
to $500 or the retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent
offense, up to $1,000 or the retail market value of the specimen,
whichever is higher.
[(c)] (d) The 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)] (e) The court may allow 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[.]; provided that
if community service is ordered pursuant to this subsection, the department of land
and natural resources may recommend to the court an order of community service that
benefits the resource that was damaged.
(f) The department of land and natural resources may
recommend to the court that the defendant be sentenced to probation with probationary
terms and conditions consistent with sections 706-623 and 706-624, including but
not limited to restrictions on:
(1) Entering specific
geographical areas within waters of the State where aquatic resources may be found,
including ocean waters, estuaries, rivers, and streams;
(2) Engaging in certain
fishing activities;
(3) Handling, operating,
or possessing certain fishing gear or boating equipment; and
(4) Taking
or possessing certain species of aquatic life."
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2022.
Report Title:
Aquatic Resources; Intentional Violations; Penalties; Fines
Description:
Establishes a tiered administrative fine system for each specimen of aquatic life taken, killed, or injured. Establishes a criminal fine structure on a per-specimen basis for violations involving aquatic life. Authorizes 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. Authorizes the Department of Land and Natural Resources to recommend to the certain probationary terms and conditions to the court. Effective date 7/1/2022. (SD2)
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