Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1181
                                        H.D. 1
                                        S.D. 2

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary, to which was referred H.B. No.
1181, H.D. 1, S.D. 1, entitled: 


begs leave to report as follows:

     The purpose of this bill is to consolidate and standardize
various penalty provisions, to establish minimum fines, and to
establish separate and graduated penalties within chapters 187A,
188, 189, and 190, Hawaii Revised Statutes.

     Your Committee finds that the same graduated penalties apply
to violations of all sections, including those that apply to
freshwater fishing, recreational and commercial open fishing, and
State managed fishing areas.  These violations are all classified
as misdemeanors, while the only offense classified as a felony is
the use of explosives, electrocution, or poison when fishing.
Your Committee further finds that the Department of Land and
Natural Resources has had very little success in convincing the
courts of the importance of natural resources and the need to
deter violations.  Your Committee believes that this bill would
deter repeat violators by imposing substantial penalties
including mandatory minimum and graduated fines.

     Testimony in support of this measure was submitted by the
Department of Land and Natural Resources and the Hawaii Audubon
Society.  Testimony in opposition to this measure was submitted
by the Office of the Public Defender.

                                   STAND. COM. REP. NO. 1487
                                   Page 2

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Deleting all provisions that state that each specimen
          of aquatic life taken, killed, or injured would
          constitute a separate offense subject to the minimum

     (2)  Deleting the provision that provides for the seizure
          and forfeiture of property when used in the commission,
          attempted commission, or conspiracy to commit a
          violation of subtitle 5 of title 12, Hawaii Revised
          Statutes, relating to aquatic resources and wildlife;

     (3)  Making a conforming amendment to section 706-606.5,
          Hawaii Revised Statutes, that includes section 188-23
          as an offense subject to repeat offender sentencing;

     (4)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
1181, H.D. 1, S.D. 1, as amended herein, and recommends that it
pass Third Reading in the form attached hereto as H.B. No. 1181,
H.D. 1, S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,

                                   AVERY B. CHUMBLEY, Co-Chair

                                   MATTHEW M. MATSUNAGA, Co-Chair