HOUSE OF REPRESENTATIVES

H.B. NO.

1959

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to fishing.

 

 

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

 


     SECTION 1.  Section 188-40.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§188-40.5[]]  [Sharks;] Shark fins; prohibitions; administrative penalties.  (a)  No person shall knowingly [harvest]:

     (1)  Harvest shark fins from the territorial waters of the State[, or land];

     (2)  Land shark fins in the State[,]; or

     (3)  Have custody, control, or possession of any shark fin;

unless the fins were taken from a shark landed whole in the State.

     (b)  Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor and shall be fined:

     (1)  $500 for a first offense;

     (2)  $2,000 for a second offense; and

     (3)  $10,000 for a third or subsequent offense.

 

     [(b)] (c)  Any person violating this section or any rule adopted thereunder shall be subject to:

     (1)  Seizure and forfeiture of shark fins, commercial marine license, vessel, and fishing equipment; [and]

     (2)  An administrative fine of not less than $5,000 and not more than $15,000[.  In addition, the violator may be assessed]; and

     (3)  Assessment of administrative fees and costs, and attorney's fees and costs.

     [(c)] (d)  Any criminal prosecution or penalty imposed for violation of this section or any rule adopted thereunder shall not preclude seizure and forfeiture pursuant to chapter 712A, or the imposition of any administrative fines and costs or attorney's fees and costs under this section.

     [(d)  This section shall apply to the following vessels when fishing outside the territorial waters of the State:

     (1)  Vessels that hold a fishing license or permit issued by the State as a prerequisite to participation in the fishery, or that have owners or captains who hold a fishing license or permit issued by the State as a prerequisite to participation in the fishery;

     (2)  Vessels that are registered under section 200-31; or

     (3)  Vessels with federal documentation that lists as a homeport a location within the State;

provided that the enforcement of this section on these vessels outside the territorial waters of the State shall not apply if enforcement of this section is in violation of, or in conflict with, federal law.

     (e)  Notwithstanding anything to the contrary, this section shall apply only to vessels that off-load cargo in the State or its territorial waters.]

     (e)  There shall be a rebuttable presumption that any shark fins landed from a vessel or found on board a vessel were taken, held, or landed in violation of subsection (a) if the total weight of shark fins landed or found on board exceeds five per cent of the total weight of shark carcasses landed or found on board.

     (f)  As used in this section:

     "Land" or "landed" means when the shark or any part thereof is [first] brought to shore[.] in Hawaii.

     "Shark fin" means the raw or dried fin of a shark with the shark carcass removed.

     "Whole" means the entire shark with its head and flesh intact, allowing for the removal of the blood, internal organs, and tail at sea.

     (g)  All fines, fees, or costs collected pursuant to this section shall be deposited to the credit of the state general fund.  Any property forfeited pursuant to this section shall become property of the State."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 



Report Title:

Fishing; Sharks; Finning

 

Description:

Amends existing law prohibiting "shark finning" by making it a misdemeanor offense to harvest, land, or possess shark fins unless the fins were taken from a shark landed whole in the State.  Imposes mandatory fines upon conviction in addition to existing civil sanctions.  Establishes presumption regarding possession of shark fins not attached to the carcass.

 

 

 

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