Report Title:

Gill Net Fishing; Prohibition

Description:

Prohibits fishing with gill nets throughout the State. Imposes administrative fines.

HOUSE OF REPRESENTATIVES

H.B. NO.

796

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to fishing.

 

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

SECTION 1. While the ocean is vast, its resources are finite and should be protected and treated with respect. Hawaii, as an ocean state, should be particularly concerned about the treatment of our ocean and its resources and fragile ecosystems.

Gill net fishing poses a major threat to Hawaii's ocean resources and ecosystems. Gill nets, which are usually made of tough monofilament, are set in a line across a section of a reef or ocean bottom where fish and other marine life can be caught in the net. The nets often catch everything in their path and have been known to entangle and kill innocent sea turtles, sharks, rays, and monk seals, which may have no commercial value. When the gill nets are left too long in the ocean, fish may die and become spoiled or fall prey to predators also caught in the net. These nets can also damage coral when they get tangled in the reefs.

Consequently, the use of gill nets has been devastating to Hawaii's ocean resources and ecosystems, leading to overfishing, overuse, and indiscriminate killing and unnecessary waste of Hawaii's valuable and limited ocean resources.

The purpose of this Act is to ban the use of gill nets for fishing.

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

"§188-A Fishing with gill nets; prohibited. (a) It is unlawful for any person to possess or use for fishing any gill net for the purpose of gathering fish from waters of the State.

(b) For purposes of this section, "gill net" means a curtainlike net suspended in the water with mesh openings large enough to permit only the heads of the fish to pass through, ensnaring them around the gills when they attempt to escape.

(c) Notwithstanding any other provision of law to the contrary, for violations of this section, the department of land and natural resources may impose administrative fines as follows:

(1) For a first violation, a fine of not more than $1,000;

(2) For a second violation within five years of a previous violation, a fine of not more than $2,000; and

(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $3,000."

SECTION 3. Section 188-70, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person violating any provision of this chapter, excepting [section] sections 188-23[,] and 188-A, or any rule adopted pursuant thereto, 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 4. Section 188F-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§188F-4[]] West Hawaii regional fishery management area plan. The department shall develop a West Hawaii regional fishery management area plan that identifies and designates appropriate areas of the management area as follows:

(1) Designates a minimum of thirty per cent of coastal waters in the West Hawaii regional fishery management area as fish replenishment areas in which aquarium fish collection is prohibited;

(2) Establishes a day-use mooring buoy system along the coastline of the West Hawaii regional fishery management area and designates some high-use areas where no anchoring is allowed;

(3) Establishes a portion of the fish replenishment areas as fish reserves where no fishing of reef-dwelling fish is allowed; and

(4) [Designates areas where] Prohibits the use of gill nets [as set nets shall be prohibited]."

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

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

INTRODUCED BY:

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