HB1765 • 2026

RELATING TO SPEARFISHING SAFETY.

Housing

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: KAPELA, AMATO, KAHALOA, MARTEN, MIYAKE, OLDS, PERRUSO, REYES ODA, SOUZA, TAKENOUCHI
Last action: 2026-03-10
Official status: Referred to HHS, CPN.
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details on how the Department of Health will determine additional languages for the warning based on demographic data.

Spearfishing Safety Warning Requirements

This bill requires spearfishing equipment sold, leased, rented, or commercially distributed in Hawaii to display a safety warning about the risks associated with breath-hold diving.

What This Bill Does

Requires any speargun or pole spear sold, leased, rented, or otherwise commercially distributed for use in Hawaii to have a safety warning about hypoxic risk and shallow-water blackout dangers.
Specifies that the warning must be permanently affixed, conspicuous, legible, and appear in English and additional languages as determined by the Department of Health based on demographic data.
Allows exemptions for traditional handcrafted or homemade fishing implements not sold commercially and private non-commercial transfers of spearfishing equipment.
Gives the Department of Health authority to create rules about the size, format, placement of warnings, educational materials for distributors, and exemptions.

Who It Names or Affects

Retailers, lessors, rental operators, and other commercial distributors of spearguns or pole spears in Hawaii.
The public who use spearfishing equipment.

Terms To Know

hypoxia: A condition where the body does not have enough oxygen to function properly, which can lead to loss of consciousness or death.
shallow-water blackout: A dangerous situation that occurs when a breath-hold diver runs out of air and loses consciousness due to lack of oxygen.

Limits and Unknowns

The bill does not apply to traditional, handcrafted, or homemade fishing implements not sold commercially.
It is unclear how the Department of Health will determine additional languages for the warning based on demographic data.
The effectiveness and compliance with these safety warnings are yet to be seen.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment requires spearguns and pole spears sold, leased, rented, or commercially distributed in Hawaii to display a safety warning about the risks of hypoxia associated with breath-hold diving.

Spearguns and pole spears must have a permanent, visible safety warning starting July 1, 2027.
The warning must be in English and any additional languages determined by the Department of Health based on demographic data.
Retailers and commercial distributors will need to follow rules set by the Department of Health regarding the format and placement of these warnings.

The amendment text states an effective date of July 1, 3000, which seems incorrect and is likely a placeholder or error.
Details about specific languages other than English are not provided in the amendment.

Bill History

2026-03-10 S
Referred to HHS, CPN.
2026-03-10 S
Passed First Reading.
2026-03-10 S
Received from House (Hse. Com. No. 153).
2026-03-06 H
Passed Third Reading with Representative(s) Iwamoto, Muraoka voting aye with reservations; Representative(s) Alcos, Garcia, Gedeon, Pierick voting no (4) and Representative(s) Perruso, Quinlan, Sayama excused (3). Transmitted to Senate.
2026-03-06 H
Reported from CPC (Stand. Com. Rep. No. 985-26), recommending passage on Third Reading.
2026-03-03 H
The committee on CPC recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 10 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Kong, Lowen, Marten, Tam; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and 1 Excused: Representative(s) Pierick.
2026-02-27 H
Bill scheduled to be heard by CPC on Tuesday, 03-03-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE.
2026-02-18 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; Representative(s) Alcos, Garcia, Gedeon, Muraoka, Pierick voting no (5) and none excused (0).
2026-02-18 H
Reported from HLT (Stand. Com. Rep. No. 368-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC.
2026-02-13 H
The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Hartsfield, Marten, Olds, Takenouchi; Ayes with reservations: Representative(s) Alcos, Garcia; Noes: none; and Excused: none.
2026-02-10 H
Bill scheduled to be heard by HLT on Friday, 02-13-26 9:00AM in House conference room 329 VIA VIDEOCONFERENCE.
2026-01-26 H
Referred to HLT, CPC, referral sheet 1
2026-01-22 H
Introduced and Pass First Reading.
2026-01-21 H
Pending introduction.

Official Summary Text

RELATING TO SPEARFISHING SAFETY.
Spearfishing; Safety Warning; Requirements
Establishes safety-warning requirements regarding spearfishing. Requires safety warning to be displayed beginning 7/1/2027. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB1765

HOUSE OF REPRESENTATIVES

H.B. NO.

1765

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to spearfishing safety
.

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

����
SECTION 1.
�
The legislature finds that breath-hold diving
associated with spearfishing presents a risk of hypoxia, including
shallow-water blackout, which may result in loss of consciousness, serious injury,
or death.
�
The legislature further finds
that increased public awareness of hypoxic risk has been shown to reduce
preventable drowning incidents.

����
The legislature recognizes that
spearfishing is a lawful activity in the State and includes traditional, cultural,
subsistence, and recreational practices.

����
Therefore, the purpose of this Act
is to promote public health and safety through clear risk disclosure, without restricting
lawful fishing practices or traditional uses, by establishing safety-warning
requirements regarding spearfishing.

����
SECTION 2.
�
Chapter 321, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�321-
�
Spearfishing
safety; warning requirements.
�
(a)
�

Any speargun or pole spear sold, leased, rented, or otherwise
commercially distributed for use in the State shall display a safety warning
regarding hypoxic risk associated with breath-hold diving.

����
(b)
�
The
warning required by subsection (a) shall state, in substantially similar
language:

����
"DANGER: SPEARFISHING
INVOLVES BREATH-HOLD DIVING.
�
PROLONGED
SUBMERSION OR IMPROPER BREATHING MAY CAUSE HYPOXIA, LOSS OF CONSCIOUSNESS, OR DEATH.

�
NEVER DIVE ALONE."

����
(c)
�
The warning
required in subsection (b)
shall:

����
(1)
�
Be permanently
affixed, engraved, printed, or otherwise made durable;

����
(2)
�
Be conspicuous
and legible under normal conditions of use; and

����
(3)
�
Appear in the English
language and any additional language determined by the department of health to
be appropriate, based on demographic and visitor use data.

����
(d)
�
This section shall not apply to:

����
(1)
�
Traditional,
handcrafted, or homemade fishing implements not sold, rented, or otherwise distributed
through a commercial transaction; or

����
(2)
�
Private,
non-commercial transfers of spearfishing equipment.

����
(e)
�
The department of health shall adopt rules
pursuant to chapter 91 to implement this section, including but not limited to
requirements regarding:

����
(1)
�
The minimum
size, format, and placement of the warning required in subsection (b);

����
(2)
�
Educational
materials for retailers, lessors, rental operators, and other commercial
distributors of spearguns or pole spears; and

����
(3)
�
Exemptions
consistent with subsection (d).

����
(f)
�
Failure to comply with this section shall
constitute a violation subject to enforcement by the department of health pursuant
to this section and rules adopted thereunder.
"

����
SECTION
3.
�
New statutory material is
underscored.

����
SECTION 4.
�

This Act shall take effect on July 1, 2027.

INTRODUCED BY:

_____________________________

Report Title:

Spearfishing
Safety; Warning Requirements

Description:

Establishes
safety-warning requirements regarding spearfishing.
�
Effective 7/1/2027.

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