HOUSE OF REPRESENTATIVES

H.B. NO.

1022

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE TAKING OF NATURAL RESOURCES.

 

 

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

 


SECTION 1. Chapter 199, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"199- Inspection; exhibit upon demand; penalty. (a) Section 199-7 notwithstanding, any police officer or agent of the department of land and natural resources upon whom the board of land and natural resources has conferred police powers may, in the performance of the officer's or agent's primary duties, stop and temporarily detain any person whom the officer or agent reasonably believes is, or recently has been, engaged in fishing, hunting, gathering, or any other activity involving the take of natural resources, and may inspect any license, permit, stamp, tag, or other relevant documentation, as well as all natural resources in the person's possession, including the contents of any bag or container of any kind used to carry natural resources, and any equipment, article, instrument, aircraft, vessel, vehicle, or conveyance being used, to determine whether the person is in compliance with title 12 and chapters 6D, 6E, and 6K under title 1, and any rules adopted thereunder, relating to the protection and conservation of natural resources. For purposes of this section, "natural resources" includes any archaeological artifacts, minerals, any aquatic life or wildlife or parts thereof, including their eggs, and any land plants or parts thereof, including seeds.

(b) Any license, permit, stamp, tag, or other relevant documentation, any natural resources in the person's possession, and any device or apparatus designed to be and capable of being used to take natural resources, shall be exhibited upon demand to any person authorized by the department of land and natural resources to enforce title 12 and chapters 6D, 6E, and 6K under title 1, and any rule adopted thereunder, relating to the protection and conservation of natural resources.

(c) Any person violating subsection (b) shall be guilty of a misdemeanor and, in addition to any other penalties, shall be fined not less than:

(1) $250 for a first offense;

(2) $500 for a second offense;

(3) $1,000 for a third or subsequent offense."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Natural Resources; Inspection; Penalties

 

Description:

Clarifies that any police officer or agent of the Department of Land and Natural Resources (Department) upon whom the Board of Land and Natural Resources (Board) has conferred police powers may, in the performance of their primary duties, inspect certain items for compliance with title 12, chapters 6D, 6E, and 6K, Hawaii Revised Statutes, and any rule adopted thereunder, relating to the protection and conservation of natural resources. Establishes penalties for refusal to comply with inspection requests made by any police officer or agent of the Department upon whom the Board has conferred police powers.

 

 

 

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