Report Title:

Rights of Inspection; Aquatic life

 

Description:

Authorizes inspection of coolers and containers capable of holding aquatic life, or boats, vehicles or conveyances to transport aquatic life, for the purposes of compliance with the State's fishing laws.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1134

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO RIGHTS OF INSPECTION FOR AQUATIC LIFE.

 

 

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

 


     SECTION 1.  Chapter 189, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§189-    Rights of inspection.  (a)  As a part of any valid commercial marine license issued in accordance with this chapter, an officer of the department charged with enforcing the laws relating to aquatic life, shall have the authority to conduct examinations and inspections of:

     (1)  The contents of any bag or container of any kind capable of holding aquatic life; or

     (2)  Any vehicle, boat, or other conveyance used to transport aquatic life;

for evidence of a violation of the condition of any license, permit, or registration issued under subtitle 5 of title 12 or any rule adopted thereunder.  Written consent to inspection shall be a condition of any license, permit, or registration issued under subtitle 5 of title 12 by the department.  No person shall refuse any enforcement officer of the department an examination and inspection for purposes of determining compliance with the terms of any license, permit, or registration relating to aquatic life.

     (b)  The owner of a commercial marine license, permit, or registration shall not permit any other person to carry, display, or use the license, permit, or registration in any manner.  Every individual to whom a license, permit, or registration has been issued shall physically possess the license, permit, or registration at all times when engaged in commercial fishing activities and shall show the license, permit, or registration upon the demand of any enforcement officer of the department.  Upon the request of any enforcement officer of the department, an individual shall not refuse to show the license, permit, or registration, or withhold permission to inspect the individual's vessel, container, cooler, carrier, or boat or vehicle of any kind where marine resources may be concealed.

     (c)  The department may refuse to issue or renew a license, permit, or registration for any person who refuses to display the person's license, permit, or registration, or refuses to allow the examination or inspection of any container or vehicle used to carry or transport aquatic life."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

By Request