RELATING TO FISHING.

HB1347

HOUSE OF REPRESENTATIVES

H.B. NO.

1347

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to Fishing
.

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

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SECTION
1.
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The legislature finds that Act 207,
Session Laws of Hawaii 2022, codified as section 188-23.5, Hawaii Revised
Statutes, prohibits the possession or use on, in, or near state marine waters, of
any unmanned aerial vehicles, otherwise known as drones, for the purpose of
taking aquatic life.
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The legislature
further finds that drone-assisted fishing, when used responsibly, can have
certain benefits.
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Thus, the legislature
believes drone-assisted fishing should be regulated rather than prohibited.

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Accordingly,
the purpose of this Act is to repeal section 188-23.5, Hawaii Revised
Statutes, and establish a framework for regulation and enforcement of
responsible drone fishing practices.

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

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"
�188-
��

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Possession or use of
unmanned aerial vehicles on, in, or near state marine waters; permitting;
enforcement.
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(a)
�

The department of land and natural resources shall develop, implement,
and administer a permitting system for the possession or use of unmanned aerial
vehicles on, in, or near state marine waters for the purpose of taking aquatic
life.
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The permitting system shall
include:

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(1)
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Application procedures and requirements;

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(2)
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Criteria for permit approval or denial;

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(3)
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Conditions and restrictions on permit grantees;

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(4)
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Permit fees; and

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(5)
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Penalties for non-compliance.

Permits shall be valid for one year from the date
of issuance and may be renewed annually.

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(b)
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The department of land and natural resources
shall enforce this section and adopt rules pursuant to chapter 91.
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In cases of noncompliance, the department
may:

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(1)
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Issue citations and fines, as determined by
the department, to individuals using unmanned aerial vehicles for the purpose
of taking aquatic life without a valid permit; and

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(2)
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Seize for forfeiture any unmanned aerial
vehicle used in violation of this section, pursuant to chapter 712A.

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(c)
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The department shall charge applicants, at
minimum, a:

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(1)
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$100 annual fee per permit;

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(2)
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$25 processing fee for first-time
applicants; and

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(3)
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$10 reissuance fee for lost or damaged
permits.

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(d)
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The department shall maintain records of all
permits issued, violations reported, and enforcement actions conducted pursuant
to this Act.
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The department shall submit
an annual report to the legislature no later than twenty days before the
convening of each regular session summarizing its record of activities during
the reporting year.

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(e)
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As used in this section, "unmanned
aerial vehicle" means any aerial vehicle that is operated without the
possibility of direct human intervention within or on the aerial vehicle.
"

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SECTION
3
.
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Section 188-23.5, Hawaii Revised Statutes, is
repealed.

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["
[
�188-23.5]
�
Possession or use
of unmanned aerial vehicles on, in, or near state marine waters prohibited;
exception.
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(a)
�
It
is unlawful to possess or use on, in, or near state marine waters, any unmanned
aerial vehicles, for
the purpose of taking aquatic life,
except under the terms and conditions of a permit first obtained by the user
from the department of land and natural resources; provided that unmanned
aerial vehicles may be used for the purpose of simple reconnaissance.
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The department of land and natural resources
may issue permits for the possession or use of unmanned aerial vehicles
consistent with other legal requirements.

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(b)
�

As used in this section, "unmanned aerial
vehicle" means any aerial vehicle that is operated without the possibility
of direct human intervention within or on the aerial vehicle.
"]

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SECTION
4.
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The department of land and natural
resources shall establish the permitting system pursuant to section 2 of this
Act according to the following timeline:

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(1)
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No later than February 28, 2026, the
department shall:

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(A)
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Initiate the convening of a task force to
design the permitting system; and

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(B)
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Begin consultations with stakeholders,
including the fishing community and businesses, environmental experts, and
legal advisors, to establish guidelines for permits;

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(2)
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No later than March 31, 2026, the department
shall:

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(A)
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Draft rules for the permitting system; and

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(B)
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Conduct initial public hearings to collect public
input and feedback on the draft rules;

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(3)
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No later than April 30, 2026, the department
shall:

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(A)
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Propose finalized rules pursuant to chapter 91;

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(B)
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Begin development of the technical framework
for issuing permits, including online and in-person systems; and

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(C)
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Allocate necessary funding for system
implementation;

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(4)
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No later than June 30, 2026, the department
shall:

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(A)
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Initiate a public education campaign to inform
the fishing community and general public about the new permitting requirements,
including penalties for non-compliance; and

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(B)
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Begin recruitment and training of personnel to
manage the permitting system and staff enforcement operations;

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(5)
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No later than August 31, 2025, the department
shall:

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(A)
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Conduct a test run of the permitting system to
identify and address potential issues; and

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(B)
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Publish a comprehensive guide regarding the use
of unmanned aerial vehicles for fishing and permit application procedures; and

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(6)
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No later than September 1, 2026, the
department shall:

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(A)
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Launch the permitting system and begin issuing
permits; and

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(B)
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Begin enforcement operations.

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SECTION
5.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

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SECTION
6.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 7.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DLNR; Unmanned
Aerial Vehicles; Drones; Fishing; Taking of Aquatic Life; Marine Life; Permitting
System; Penalties

Description:

Establishes
within the Department of Land and Natural Resources a permitting system for the
use of unmanned aerial vehicles in the taking of aquatic life.
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Repeals prohibition on the use of unmanned
aerial vehicles in the taking of aquatic life.
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Provides a timeline for implementation of the permitting system.

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