HOUSE OF REPRESENTATIVES |
H.B. NO. |
1016 |
THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE TAKING OF MARINE LIFE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature
finds that fishing is an important pastime for many Hawaii residents, providing
not only recreational and subsistence benefits, but also an additional source
of income for many small-scale commercial fishers who often sell a portion of
their catch to cover costs of fuel or fishing gear.
The legislature further finds that the
existing commercial marine license laws can be unnecessarily burdensome on boat-based
fishers due to the requirement that each individual on a fishing vessel must have
a commercial marine license to participate in a commercial fishing trip where any
portion of the resulting catch may be sold.
The legislature additionally finds that this requirement places
logistical and financial burdens on vessel captains when part-time crew members
are needed for a commercial fishing trip or when unscheduled or infrequent
visitors are invited aboard. It can also
lead to confusion regarding who is responsible for submitting commercial catch
reports for fishing activities aboard a vessel.
The legislature also finds that although
existing statutory language requires vessel-based fishing charters to obtain a commercial
marine license, it is unclear whether shore-based charters are also required to
obtain a commercial marine license.
The purpose of this Act is to:
(2) Specify that a single commercial marine vessel
license satisfies the commercial marine license requirement for all persons
aboard a licensed vessel that is on a trip of seventy-two hours or less;
(3) Require
any person providing fishing charter services to obtain a commercial marine
license;
(4) Allow marine charter fishing vessels on trips of
seventy-two hours or less to obtain commercial marine vessel licenses; and
(5) Require the department of land and natural resources to submit a report to the legislature regarding the status of its administrative rules establishing a new commercial marine vessel license category.
SECTION 2. Section 189-2, Hawaii Revised Statutes, is amended
to read as follows:
"§189-2 Commercial marine
license[.] and commercial marine vessel license.
(a) No person shall take marine
life for commercial purposes whether the marine life is caught or taken within
or outside of the State, without first obtaining a commercial marine license as
provided in this section[.]; provided that a single
valid commercial marine vessel license shall satisfy the commercial marine license
requirement for all persons taking marine life for commercial purposes aboard a
validly-licensed vessel that is on a trip of seventy-two hours or less.
(b) [Additionally,
any] Any person providing [vessel] charter services in the
State for the taking of marine life in or outside of the State shall obtain a
commercial marine license.
(c) Any vessel used for or
engaged in the taking of marine life for commercial purposes that is on a trip of
seventy-two hours or less may obtain a commercial marine vessel license.
[(c)] (d) The department may adopt rules pursuant to
chapter 91 necessary for the purpose of this section and to set fees for commercial
marine [licensing.] and commercial marine vessel licenses.
[(d)] (e) The
fees for commercial marine and commercial marine vessel licenses and
duplicate commercial marine and commercial marine vessel licenses shall
be established by the department by rules adopted in accordance with chapter 91.
[(e)] (f) The department shall suspend, shall refuse to
renew, reinstate, or restore, or shall deny any license issued under this
section if the department has received certification from the child support
enforcement agency pursuant to section 576D-13 that the licensee or applicant is
not in compliance with an order of support or has failed to comply with a
subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, reinstate,
or restore an affected license only upon receipt of authorization from the
child support enforcement agency, the office of child support hearings, or the
family court."
SECTION 3.
The department of land and natural resources
shall submit a report, including any proposed legislation, to the legislature
no later than thirty days prior to the convening of the regular session of 2022, concerning the status of its administrative
rules establishing a new commercial marine vessel license category.
SECTION 4.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on May 6, 2137.
Report Title:
Commercial Marine Licenses; Commercial Marine Vessel Licenses; Charter Services
Description:
Authorizes the department of land and natural resources to establish rules and fees for the issuance of a commercial marine vessel license. Provides that a single valid commercial marine vessel license satisfies the licensure requirement for all persons aboard the licensed vessel on a trip of seventy-two hours or less. Requires any person who provides fishing charter services to obtain a commercial marine license. Allows marine charter fishing vessels on a trip of seventy-two hours or less to obtain commercial marine vessel licenses. Requires the department of land and natural resources to submit a report to the legislature regarding the status of its administrative rules establishing a new commercial marine vessel license category. Effective 5/6/2137. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.