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SB839
THE SENATE
S.B. NO.
839
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to the department of land and natural resources
.
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 Hawai
ʻ
i law provides that aquarium
fishing by aquarium fish collectors is permitted when a valid permit is
obtained, subject to restrictions.
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Non-commercial
aquarium fish collectors are limited to catches of a combined total of five
fish or aquatic life specimens per person, per day.
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In November 2020, the environmental court
of the first circuit of Hawai
ʻ
i ruled, in part, that
the issuance of aquarium fishing permits is subject to the Hawaii Environmental
Policy Act
and, therefore, an environmental impact statement must be
completed before the department of land and natural resources approves or
renews additional aquarium fishing licenses and permits.
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At the time of the ruling, the department of
land and natural resources confirmed that it would no longer approve or renew
commercial marine licenses for aquarium fishing without a complete
environmental review process.
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In January
2021, the department of land and natural resources clarified that those with
existing commercial marine licenses could no longer collect aquarium fish, as
well.
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Accordingly, the purpose of this Act is to recognize
the court's ruling and the position taken by the department of land and natural
resources to protect the aquarium fish and other aquatic life in Hawai
ʻ
i's
nearshore waters by increasing fines for violations relating to aquarium
fishing.
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SECTION
2
.
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Section 188-70, Hawaii Revised Statutes, is
amended to read as follows:
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"
�188-70
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Penalties.
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(a)
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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
]
not
less than:
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(1)
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$100 for a first offense;
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(2)
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$200 for a second offense; and
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(3)
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$500 for a third or subsequent offense.
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(b)
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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:
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(1)
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For a first offense,
up to $100 or the
retail market value of the specimen, whichever is higher;
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(2)
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For a second offense,
up to $200 or the
retail market value of the specimen, whichever is higher; and
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(3)
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For a third or subsequent offense,
up
to $500 or the retail market value of the specimen, whichever is higher.
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(c)
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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.
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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.
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Repeat offenders
shall be sentenced pursuant to chapter 706.
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(d)
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Any person violating section 188-31 is guilty of a misdemeanor and, in
addition to any other penalties, shall be fined not less than:
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(1)
�
$200
for a first offense;
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(2)
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$400
for a second offense; and
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(3)
�
$1,000
for a third or subsequent offense.
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[
(d)
]
(e)
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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.
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[
(e)
]
(f)
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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.
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(g)
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For the purposes of this section, each fish or aquatic life specimen
taken in violation of sections 188-23 and 188-31 shall constitute a separate
offense.
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[
(f)
]
(h)
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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:
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(1)
�
Entering specific geographical areas
within waters of the State where aquatic resources may be found, including
ocean waters, estuaries, rivers, and streams;
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(2)
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Engaging in certain fishing activities;
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(3)
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Handling, operating, or possessing
certain fishing gear or boating equipment; and
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(4)
�
Taking or possessing certain species of
aquatic life."
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SECTION 3.
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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 4.
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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 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Aquarium
Fishing; Fine Increase
Description:
Establishes
a criminal penalty and monetary fines for aquarium fishing violations.
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Clarifies that each fish or aquatic life
specimen taken in violation of certain fishing laws regarding aquarium fish and
the possession and use of prohibited explosives, electrofishing devices, and
poisonous substances constitutes a separate offense.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.