THE SENATE

S.B. NO.

955

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to fishing.

 

 

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-   Administrative inspections. (a) Notwithstanding section 199-7(a) to the contrary, any police officer or conservation and resources officer of the department of land and natural resources shall have the authority to conduct administrative inspections for the purpose of enforcing this chapter.

(b) In conducting an administrative inspection pursuant to this section, a police officer or conservation and resources officer of the department of land and natural resources shall have the authority, without a search warrant, to:

(1) Board, inspect, or search any boat, market, store, or other building, except dwelling, and all receptacles, except clothing actually worn by a person at the time of the administrative inspection, where or in which any aquatic life subject to this chapter may be stored, placed, or held for sale or storage; and

(2) Inspect or search any box or package containing any aquatic life subject to this chapter that is held for transportation by any common carrier.

(c) The authority to conduct an administrative inspection pursuant to this section without a search warrant shall be limited to circumstances in which the police officer or conservation and resources officer of the department of land and natural resources has reason to believe that any aquatic life subject to this chapter is taken or held for sale, storage, or transportation in violation of this chapter or any rules adopted pursuant to this chapter."

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:

_____________________________

 

 


 


 

Report Title:

Fishing; Administrative Inspections; Enforcement of Fishing Regulations; Conservation and Resources Officers

 

Description:

Authorizes a police officer or conservation and resources officer of the department of land and natural resources to conduct an administrative inspection, without a search warrant, if the law enforcement officer has reason to believe that certain aquatic life is taken or held for sale, storage, or transportation in violation of the laws relating to fishing rights and regulations.

 

 

 

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