Bill Text: HI SB2079 | 2018 | Regular Session | Amended
Bill Title: Related To Shark And Ray Protection.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2018-03-22 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Fukumoto, Johanson, C. Lee, Souki, Todd excused (5). [SB2079 Detail]
Download: Hawaii-2018-SB2079-Amended.html
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THE SENATE |
S.B. NO. |
2079 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATED TO SHARK AND RAY PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that sharks and rays are extremely important to ocean ecosystems. As ocean predators near the top of the food chain, sharks keep the ecosystem balanced, regulate populations of other marine life, and ensure healthy fish stock and reefs.
Sharks and rays are more vulnerable than most other fish species. They are long-living and slow-growing, start reproducing at an advanced age, and produce relatively few offspring per year. If the food chain is disrupted by a decline in the shark population, it affects the entire reef system. Protection for sharks and 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 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 rays for ecological purposes, for their value to the ocean recreation industry, and for their value to native Hawaiian cultural practices;
(2) Establish fines and penalties for knowingly capturing, taking, possessing, abusing, or entangling a shark, whether alive or dead, or killing a shark, within state marine waters;
(3) Expand the existing prohibition on knowingly capturing or killing a manta ray to apply to all rays; and
(4) Expand the prohibition regarding rays to include knowingly capturing, taking, possessing, abusing, or entangling a ray, whether alive or dead, or killing a ray, within state marine waters.
SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§188- Sharks;
mano; prohibitions; exceptions; penalties and fines. (a) Except as provided in subsection (e), or as
otherwise provided by law, no person shall knowingly capture, take, possess,
abuse, or entangle any shark, whether alive or dead, or kill 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.
(c) In addition to any other penalty imposed
under this section, a person violating this section shall be subject to:
(1) An
administrative fine of no more than $10,000 for each shark captured, killed,
taken, possessed, abused, or entangled 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, fees, and costs shall be assessed per shark captured, killed, taken, possessed,
abused, or entangled in violation of this section.
(e) This section shall not apply to:
(1) Special
activity permits allowed under section 187A-6 or research permits authorized by
law; provided that the permit issued does not allow a take that exceeds the
potential biological removal level; provided further that the department of
land and natural resources may adopt
rules to define "take" for purposes of this subsection and determine
when a take exceeds the potential biological removal level;
(2) The department of
land and natural resources or its designated agent if the capture, killing,
taking, possession, abuse, or entanglement is for the protection of public
safety; and
(3) Sharks taken outside of state marine waters
and possessed on a vessel in state marine waters pursuant to any federally
managed fishery, for the purpose of landing the catch in the State.
(f) Nothing in this section shall be construed to
restrict the exercise of traditional and customary rights protected pursuant to
article XII, section 7, of the Hawaii State Constitution.
(g) For the purposes of this section,
"shark" means any species of shark within the subclass Elasmobranchii."
SECTION 3. Section 188-39.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§188-39.5[] Manta
rays;] Rays; hihimanu; prohibitions,
penalties and fines. (a) [No] Except as provided in
subsection (e), no person shall knowingly capture [or kill],
take, possess, abuse, or entangle a [manta] ray, whether alive or
dead, or kill any 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.
(c)
In addition to any other penalty imposed under this section, a person
violating this section shall be subject to:
(1) An
administrative fine of not more than $10,000 for each [manta] ray
captured [or], killed, taken, possessed, abused, or entangled
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 [or], killed, taken,
possessed, abused, or entangled in violation of this section.
(e)
This section shall not [prohibit] apply to special activity
permits allowed under section 187A‑6[;] or research permits
authorized by law; provided that the permit issued does not allow a take
that exceeds the potential biological removal level; and provided further that
the department [shall] may adopt rules to define a
"take" and determine when a take exceeds the potential biological
removal level.
(f) Nothing in this section shall be construed to
restrict the exercise of traditional and customary rights protected pursuant to
article XII, section 7, of the Hawaii State Constitution.
(g)
For the purposes of this section, "ray" means any species of
ray within the subclass Elasmobranchii."
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. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on December 24, 2088.
Report Title:
Sharks; Rays; Prohibitions; Exemptions
Description:
Establishes penalties and fines for any person who knowingly captures, takes, possesses, abuses, or entangles any shark, whether alive or dead, or kills any shark, within state marine waters and makes it a misdemeanor. Expands the existing prohibition on knowingly capturing or killing a manta ray to all rays. Expands the prohibition regarding rays to cover knowingly capturing, taking, possessing, abusing, or entangling a ray, whether alive or dead, or killing a ray, within state marine waters. Provides certain exemptions. (SB2079 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
