Report Title:

Administrative Inspections; Aquatic Resources

Description:

Removes the probable cause requirement from inspections by agents of the Department of Land and Natural Resources of any bag, container, vehicle, or conveyance that may contain aquatic life, in determining compliance with state laws and regulations on aquatic resources. (HB2964 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2964

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to administrative inspections.

 

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

SECTION 1. The department of land and natural resources (DLNR) is statutorily mandated by section 199-1, Hawaii Revised Statutes (HRS), to establish an enforcement program relating to the enforcement of chapters under title 12, HRS, including chapter 183D, HRS, relating to wildlife, and chapter 187A, HRS, relating to aquatic resources.

Among other statutory mandates, conservation and resources enforcement officers of the department of land and natural resources must conduct investigations, field observations, and inspections as required or assigned, and check and verify all leases, permits, and licenses issued by the department.

Section 183D-25, HRS, provides in the context of hunting licenses that no person, upon the request of an officer, shall refuse to show the license or withhold permission to inspect the person's game bag, container, hunting coat or jacket, or carrier, or vehicle of any kind where game might be concealed. No probable cause is required because the consent to a search occurs when a hunting license is issued.

Section 187A-15, HRS, allows any agent of DLNR upon whom the board has conferred powers of police officers or any other enforcement officer of the State to search any bag or container used to carry aquatic life, or any vehicle or conveyance used to transport aquatic life, if such agent or officer has probable cause, as provided by law, to believe that such bag, container, vehicle, or conveyance contains evidence of a violation of laws on aquatic resources and wildlife.

The legislature finds that consent to inspection is an integral part of the terms of any permit or license issued by the department of land and natural resources.

The purpose of this Act is to eliminate the discrepancy between section 183D-25, HRS, which governs the enforcement of the state's hunting laws, and section 187A-15, HRS, which governs the enforcement of the State's aquatic laws, by standardizing the administrative inspection requirements.

SECTION 2. Section 187A-15, Hawaii Revised Statutes, is amended to read as follows:

"187A-15 Rights of inspection [of catch]. Any agent of the department upon whom the board has conferred powers of police officers [or any other enforcement officer of the State] shall have the authority to conduct examinations and [searches] inspections of:

(1) The contents of any bag or container of any kind used to carry aquatic life; or

(2) Any vehicle or conveyance used to transport aquatic life;

[if such agent or officer has probable cause, as provided by law, to believe that such bag, container, vehicle, or conveyance contains] for evidence of a violation of subtitle 5 of title 12 or any rule adopted thereunder. Consent to inspection shall be a condition of any license or permit issued by the department. No person shall refuse any enforcement officer of the department [or any other enforcement officer of the State] such examination and [search.] inspection for purposes of determining compliance with the terms of a license or permit."

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.