THE SENATE

S.B. NO.

1371

THIRTIETH LEGISLATURE, 2019

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAY NETS.

 

 

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

 


SECTION 1. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"188-   Abandonment of lay nets prohibited. (a) It is unlawful to abandon on, in, or near state waters, a lay net used for the purpose of taking aquatic life. The department may issue permits for the possession or use of lay nets.

(b) For the purposes of this section, "lay net" means a gill net that is deployed in the water in a specific location and retrieved from the same location after a certain time period has passed to allow for the capture of aquatic life.

(c) This section shall not apply to any person exercising native Hawaiian rights, customarily and traditionally exercised for subsistence, cultural, and religious purposes pursuant to article XII, section 7, of the Hawaii State Constitution."

SECTION 2. The department of land and natural resources shall implement a comprehensive, statewide lay net education and enforcement program to educate users on existing administrative rules and other regulations relating to lay nets, including registration requirements, conditions of use, and penalties. The program shall include:

(1) Outreach on all islands;

(2) Appropriate means of communicating with and addressing immigrant populations; and

(3) Increased monitoring and enforcement efforts.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.



 

Report Title:

Fishing; Lay Nets; Abandonment; Education; Criminal Penalty

 

Description:

Prohibits the abandonment of lay nets used for fishing. Authorizes DLNR to issue permits for the use and possession of lay nets. Requires DLNR to establish a comprehensive, statewide lay net education and enforcement program. (SB1371 HD1)

 

 

 

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