1179
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COMMERCIAL MARINE LICENSES.



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

 1      SECTION 1.  Section 189-2, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "189-2  Commercial marine license.(a)  No person shall
 
 4 take marine life for commercial purposes whether the marine life
 
 5 is caught or taken within or outside of the State, without first
 
 6 obtaining a commercial marine license as provided in this
 
 7 section.
 
 8      (b)  Additionally, any person providing vessel charter
 
 9 services in the State for the taking of marine life in or outside
 
10 of the State shall obtain a commercial marine license.
 
11      (c)  The department [of land and natural resources] may
 
12 adopt rules pursuant to chapter 91 necessary for the purpose of
 
13 this [chapter] section and to set fees for commercial marine
 
14 licensing.
 
15      [(b)  All licenses issued under this section shall be in
 
16 force one year from the date of issuance.  Duplicate licenses may
 
17 be issued to any person upon affidavit that the license was lost,
 
18 and upon payment of a duplicate license fee.]
 
19      (d)  The fees for commercial marine licenses and duplicate
 

 
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 1 commercial marine licenses shall be established by the department
 
 2 by rules adopted in accordance with chapter 91.  The department
 
 3 shall set the fees in an amount that, when combined with the fees
 
 4 provided for in sections 188-37 and 188-50, shall be reasonably
 
 5 necessary to supplement the funding for:
 
 6      (1)  Enforcement of this section and chapter 188; and
 
 7      (2)  The activities set forth in section 187A-11.
 
 8 [Anyone who qualifies as a "trainee" under rules prescribed by
 
 9 the department shall have the fee waived for a period of not more
 
10 than one hundred eighty calendar days from the date on which the
 
11 license is issued.
 
12      (c)] (e)  The department shall suspend, shall refuse to
 
13 renew, reinstate, or restore, or shall deny any license issued
 
14 under this section if the department has received certification
 
15 from the child support enforcement agency pursuant to section
 
16 576D-13 that the licensee or applicant is not in compliance with
 
17 an order of support or has failed to comply with a subpoena or
 
18 warrant relating to a paternity or child support proceeding.  The
 
19 department shall issue, renew, reinstate, or restore such a
 
20 license only upon receipt of authorization from the child support
 
21 enforcement agency, the office of child support hearings, or the
 
22 family court."
 

 
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 1      SECTION 2.  Section 189-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "189-3  Monthly catch report.(a)  [Every] Upon the demand
 
 4 of the department, every commercial marine licensee shall furnish
 
 5 to the department a report or reports with respect to the marine
 
 6 life taken and [any live, fresh, or frozen bait used for each
 
 7 month upon a form prescribed by the department, the form to be
 
 8 known as the "monthly catch report"; provided that whenever the
 
 9 total marine life taken monthly in respect to any commercial
 
10 marine licensee is insufficient in the judgment of the department
 
11 to require the submission of a monthly catch report, a
 
12 certificate of exemption may be issued, and thereafter the
 
13 exempted commercial marine licensee shall not be required to
 
14 submit monthly catch reports until the exemption is canceled by
 
15 the department.  Exemptions may be canceled at any time.  The
 
16 monthly catch report shall be submitted to the department not
 
17 later than the tenth day of the month following the month in
 
18 which the marine life was taken.  Failure or refusal on the part
 
19 of any commercial marine licensee to submit a monthly catch
 
20 report as prescribed in this section shall be sufficient cause
 
21 for the revocation by the department of the commercial marine
 
22 license.  In any proceeding for the revocation of a commercial
 

 
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 1 marine license, the licensee shall be given notice and
 
 2 opportunity for hearing in conformity with chapter 91.  Upon
 
 3 revoking the license, the department may specify a period of time
 
 4 during which the commercial marine licensee shall not be eligible
 
 5 to apply for another license; provided that the period shall not
 
 6 exceed one year from the date of revocation.] any other
 
 7 information the department may require for the purposes of this
 
 8 section.
 
 9      (b)  Any information submitted to the department by any
 
10 person in compliance with any requirement under this section
 
11 shall be confidential and shall not be disclosed, except when
 
12 required under court order or pursuant to subpoena issued by the
 
13 [state attorney general's office,] department of the attorney
 
14 general, or with the prior written consent of the person
 
15 submitting the information, or under cooperative agreements with
 
16 government agencies of the United States for exchange and use of
 
17 the information specifically to manage marine life.  The
 
18 department, by rule, may establish procedures necessary to
 
19 preserve the confidentiality, except that the department may
 
20 release or make public any of the information in the aggregate or
 
21 summary form which does not directly or indirectly disclose the
 
22 identity of any person who submits information.
 

 
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 1      [This subsection shall not be construed to include the wet
 
 2 weight harvest of Corallium secundum, Corallium regale, Corallium
 
 3 laauense, Geradia, Callogorgia gilberti, Narella, Calyptrophora,
 
 4 Lepidisis olapa, and Acanella.  The wet weight harvest for each
 
 5 of the above shall be reported to the public by the department.]"
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY: ________________________
 

 
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