[§188-40.8] Sharks; mano; prohibitions; exceptions; penalties and fines. (a) Except as provided in subsection (f), or as otherwise provided by law, no person shall intentionally or knowingly capture or entangle any shark, whether alive or dead, or kill any shark, within state marine waters.
(b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor; provided that the fine for violating this section shall be:
(1) $500 for a first offense;
(2) $2,000 for a second offense; and
(3) $10,000 for a third or subsequent offense.
(c) A person convicted of violating this section may be sentenced to pay a civil fine not exceeding $10,000 per offense.
(d) In addition to any other penalty imposed under this section, a person violating this section shall be subject to:
(1) An administrative fine of no more than $10,000 for each shark captured or entangled, whether alive or dead, or killed in violation of this section;
(2) Seizure and forfeiture of any captured sharks or any part or product therefrom, commercial marine license, vessel, and fishing equipment; and
(3) Assessment of administrative fees and costs, and attorney's fees and costs.
(e) The criminal penalties and administrative fines, fees, and costs shall be assessed per shark captured or entangled, whether dead or alive, or killed in violation of this section.
(f) This section shall not apply to:
(1) Special activity permits issued under section 187A-6;
(2) The department of land and natural resources or its designated agent if the capture or entanglement, whether alive or dead, or killing is for the protection of public safety;
(3) Sharks taken outside of state marine waters and possessed on a vessel in state marine waters pursuant to any federally managed fishery, with the required documentation of the location where the capture occurred;
(4) Any person if the capture or entanglement, whether alive or dead, or killing is the result of self-defense, or the defense of another, against death or bodily harm; and
(5) Any person who captures or kills a shark pursuant to a permit issued by the department of land and natural resources under subsection (i).
(g) Nothing in this section shall be construed to restrict the exercise of traditional and customary rights protected pursuant to article XII, section 7, of the Hawaii State Constitution.
(h) The department of land and natural resources may adopt rules pursuant to chapter 91 to implement this section for purposes including but not limited to:
(1) Ensuring that the incidental capture and release of sharks while targeting other species is not a violation;
(2) Preventing the wanton waste of sharks; and
(3) Limiting gear, such as gill nets, in areas identified as shark nursery habitats.
(i) The department of land and natural resources may issue a non-commercial permit for the take of sharks, subject to permit conditions that shall include native Hawaiian cultural protocol, size and species restrictions, and a prohibition on species listed as endangered or threatened pursuant to section 195D-4.
(j) For the purposes of this section, "shark" means any species of shark within the subclass Elasmobranchii. [L 2021, c 51, §2]