HOUSE OF REPRESENTATIVES

H.B. NO.

1482

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to fisher safety.

 

 

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

 


SECTION 1. State law currently protects fishers from harassment if they are taking fish pursuant to a freshwater game fishing license. The legislature finds that there is a need to extend these protections to all persons fishing in marine waters to promote the safety and enjoyment of individuals engaged in fishing activities.

The legislature further finds that Makai Watch is an official program of the department of land and natural resources that enhances protection of nearshore and coastal resources by providing community members opportunities to work and interact with resource managers and enforcement officers in their community. The Makai Watch program plays an important role as the eyes and ears of the division of conservation and resources enforcement. Makai Watch volunteers participate in two types of activities:

(1) Observation and incident reporting; and

(2) Awareness raising and outreach.

Volunteers in the Makai Watch program are trained to conduct these activities in a manner that does not interfere with fishing activities.

The purpose of this Act is to:

(1) Prohibit purposeful harassment with the intent to prevent the taking of fish for people who are fishing; and

(2) Extend protections against harassment to all persons fishing in marine waters.

SECTION 2. Section 188-71, Hawaii Revised Statutes, is amended to read as follows:

"[[]188-71[]] Harassment of fishermen; prohibition. (a) No person shall intentionally prevent or attempt to prevent the lawful taking of fish by a person [licensed pursuant to section 188-50] fishing in state waters by[:] purposely:

(1) Placing the person's self in a location in which human presence may affect the behavior of fish to be taken or the feasibility of taking such fish;

(2) Creating a visual, aural, olfactory, or physical stimulus to affect the behavior of fish to be taken;

(3) Affecting the condition or placement of personal property intended for use in the taking; or

(4) Obstructing the person's access to areas in which the person intends to lawfully take fish[.],

with the intent to prevent the taking of fish.

(b) No person shall enter or remain upon public lands or waters, or upon private lands or waters, without permission of the owner or the owner's agent, with intent to violate this section.

(c) It shall not be a violation of subsection (a) to:

(1) Take photographs or video recording of a person engaged in the taking of fish or related activities while over one hundred feet away from the person; or

(2) Engage in activities pursuant to the department of land and natural resources' makai watch program.

[(c)] (d) The maximum penalty for violation of subsection (a) or (b) is a fine of $500, thirty days imprisonment, or both."

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

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Harassment; Fishers

 

Description:

Prohibits purposeful harassment with the intent to prevent the taking of fish from persons who are fishing in state waters.

 

 

 

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