THE SENATE

S.B. NO.

1170

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE TAKING OF MARINE LIFE.

 

 

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

 


SECTION 1. 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.

Furthermore, 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 valid commercial marine vessel license satisfies the commercial marine license requirement for commercial purposes aboard a licensed vessel as a commercial marine vessel license 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 of land and natural resources (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.

Furthermore, 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. This 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 commercial marine vessel license satisfies an individual's licensure requirement if aboard a 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 to read as follows:

"189-2 Commercial marine license[.] and commercial marine vessel license. (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. A valid commercial marine vessel license shall satisfy the commercial marine license requirement for all persons taking marine life for commercial purposes aboard a 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.

(c) Any vessel used for or engaged in the taking of marine

 

life for commercial purposes may obtain a commercial marine vessel license.

[(c)] (d) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this section and to set fees for commercial marine [licensing.] and commercial marine vessel licenses.

[(d)] (e) The fees for commercial marine and commercial marine vessel licenses and duplicate commercial marine and commercial marine vessel licenses shall be established by the department by rules adopted in accordance with chapter 91.

[(e)] (f) The department shall suspend, shall refuse to renew, reinstate, or restore, or shall deny any license issued under this section if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, reinstate, or restore an affected license only upon receipt of authorization from the child support enforcement agency, the office of child support hearings, or the family court."

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.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Commercial Marine Licenses; Commercial Marine Vessel Licenses; Charter Services

 

Description:

Clarifies that a valid commercial marine vessel license shall satisfy the commercial marine license requirement for all persons taking marine life for commercial purposes aboard a validly licensed vessel. Requires any person who provides fishing charter services to obtain a commercial marine license.

 

 

 

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