HOUSE OF REPRESENTATIVES

H.B. NO.

2211

THIRTIETH LEGISLATURE, 2020

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMMERCIAL MARINE LICENSES.

 

 

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

 


     SECTION 1.  The legislature finds that fishing is an important pastime for many Hawaii residents, providing not only recreational and subsistence benefits, but also a source of additional income for many small-scale commercial fishers who often sell a portion of their catch to cover costs of fuel or fishing gear.

     The legislature further finds that the current commercial marine license laws are unnecessarily burdensome on boat-based fishers due to the requirement that each individual on a fishing vessel have a commercial marine license to participate in a commercial fishing trip where the resulting catch may be sold.  This places logistical and financial burdens on vessel captains when part-time crew members are needed for a commercial fishing trip, or when unscheduled or infrequent visitors are invited aboard.  It also leads to confusion regarding who is responsible for submitting commercial catch reports for fishing activities on board the vessel.

     This Act clarifies that a single valid commercial marine vessel license satisfies the licensure requirement for commercial purposes aboard a licensed vessel.  A single commercial marine vessel license covering all parties engaging in commercial fishing aboard a vessel will be more convenient and cost effective for Hawaii boat-based fishers and will clarify who is responsible for submitting commercial catch reports for the vessel.  The department has the discretion through the public rulemaking process contained in chapter 91, Hawaii Revised Statutes, to determine the specifications and qualifications for these licenses.

     The legislature also finds that although existing statutory language requires vessel-based fishing charters to obtain a commercial marine license, it is unclear whether shore-based charters are also required to obtain a commercial marine license.  This Act clarifies that the commercial marine license requirement applies to any person providing fishing charter services.  The amendment will allow the department to better understand and manage marine charter fishing activities in the State.

     The purpose of this Act is to amend the commercial marine license statute to:

     (1)  Specify that a single commercial marine vessel license satisfies the licensure requirement for all persons aboard the licensed vessel; and

     (2)  Require any person providing fishing charter services to obtain a commercial marine license.

     SECTION 2.  Section 189-2, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)   No person shall take marine life for commercial purposes whether the marine life is caught or taken within or outside of the State, without first obtaining a commercial marine license as provided in this section[.]; provided that a single valid commercial marine vessel license shall satisfy the licensure requirement for all persons taking marine life for commercial purposes aboard the validly-licensed vessel.

     (b)  [Additionally, any] Any person providing [vessel] charter services in the State for the taking of marine life in or outside of the State shall obtain a commercial marine license."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

Commercial Marine Licenses; Commercial Marine Vessel Licenses; Charter Services

 

Description:

Provides that a single commercial marine vessel license satisfies the licensure requirement for all persons aboard the licensed vessel.  Requires any person who provides fishing charter services to obtain a commercial marine license.  Effective 7/1/2050.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.