REPORT TITLE:
Aquatic Resources

DESCRIPTION:
Standardizes the various penalty sections, establishes minimum
fines, and establishes separate and graduated penalties for
chapters 187A, 188, 189, and 190, Hawaii Revised Statutes. (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1181
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO AQUATIC RESOURCES.



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

 1      SECTION 1.  Chapter 187A, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§187A-    Receipts and reports.  Any person who knowingly
 
 5 misrepresents any material fact or makes a false statement in any
 
 6 document required by subtitle 5 of title 12, or any rule adopted
 
 7 thereunder, shall be guilty of a petty misdemeanor and punished
 
 8 as provided by law."
 
 9      SECTION 2.  Section 187A-6.5, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]187A-6.5[]]  Release and confiscation of harmful aquatic
 
12 life[; penalty].  (a)  No person shall release any live
 
13 non-native fish or other live non-native aquatic life being held
 
14 in an aquarium or other confinement for scientific study,
 
15 exhibition, display, sale, or for any other purpose, into any
 
16 waters of the State, except as provided in section 187A-2(4).
 
17      (b)  The department or its agents may seize, confiscate, or
 
18 destroy, as a public nuisance, any fish or other aquatic life
 
19 found in any waters of the State and whose importation is
 
20 prohibited or restricted pursuant to rules of the department of
 

 
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 1 agriculture.
 
 2      [(c)  Any person violating this section shall be guilty of a
 
 3 petty misdemeanor and upon conviction thereof shall be punished
 
 4 as provided by section 188-70.]"
 
 5      SECTION 3.  Section 187A-13, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§187A-13  General penalty.  (a)  Any person violating [any
 
 8 of the provisions of] this chapter or any rule [of the
 
 9 department] adopted thereunder for which a penalty is not
 
10 otherwise provided, shall be guilty of a petty misdemeanor and
 
11 [upon conviction thereof shall be punished as provided by section
 
12 188-70.], in addition to any other penalties, shall be fined not
 
13 less than:
 
14      (1)  $250 for a first offense;
 
15      (2)  $500 for a second offense; and
 
16      (3)  $1,000 for a third or subsequent offense.
 
17      (b)  The fines specified in this section shall not be
 
18 suspended or waived."
 
19      SECTION 4.  Section 187A-14, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§187A-14  Informer's fee.  One-half of the fine imposed and
 
22 collected in all cases wherein the defendant has been convicted
 
23 for a violation of [any of the provisions of this chapter]
 

 
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 1 subtitle 5 of title 12 or any rule adopted thereunder shall be
 
 2 paid to the person giving the information leading to the arrest
 
 3 of the person so convicted; provided that this section shall not
 
 4 apply[,] if the informer is a regular salaried sheriff, deputy
 
 5 sheriff, police officer, warden or constable, or officer or agent
 
 6 of the department."
 
 7      SECTION 5.  Section 187A-15, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]§187A-15[]]  Rights of inspection of catch.  Any agent
 
10 of the department upon whom the board has conferred powers of
 
11 police officers or any other enforcement officer of the State
 
12 shall have the authority to conduct examinations and searches of:
 
13      (1)  The contents of any bag or container of any kind used
 
14           to carry aquatic life; or
 
15      (2)  Any vehicle or conveyance used to transport aquatic
 
16           life;
 
17 if such agent or officer has probable cause, as provided by law,
 
18 to believe that such bag, container, vehicle, or conveyance
 
19 contains evidence of a violation of [the fishing laws of the
 
20 State.] subtitle 5 of title 12 or any rule adopted thereunder.
 
21 No person shall refuse any enforcement officer of the department
 
22 or any other enforcement officer of the State such examination
 
23 and search."
 

 
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 1      SECTION 6.  Section 188-70, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§188-70  Penalties.(a)  Any person violating any
 
 4 provision of this chapter, excepting section 188-23, or any rule
 
 5 adopted pursuant thereto, is guilty of a petty misdemeanor and
 
 6 [upon conviction thereof, shall be punished as follows:
 
 7      (1)  For a first conviction, by a fine of not more than
 
 8           $500, or by imprisonment of not more than thirty days,
 
 9           or both;
 
10      (2)  For a second conviction within five years of a previous
 
11           conviction by a fine not less than $100 nor more than
 
12           $500, or by imprisonment of not more than thirty days,
 
13           or both;
 
14      (3)  For a third or subsequent conviction within five years
 
15           of the first two or more convictions, by a fine of not
 
16           less than $300 nor more than $500, or by imprisonment
 
17           of not more than thirty days, or both.], in addition to
 
18           any other penalties, shall be fined not less than:
 
19      (1)  $100 for a first offense;
 
20      (2)  $200 for a second offense; and
 
21      (3)  $500 for a third or subsequent offense.
 
22      (b)  Any person violating section 188-23, is guilty of a
 
23 [misdemeanor and upon conviction thereof,] class C felony and
 

 
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 1 shall be [punished as follows:
 
 2      (1)  For a first conviction by a fine of not more than
 
 3           $1,000, or by imprisonment of not more than one year,
 
 4           or both;
 
 5      (2)  For a second conviction within five years of a previous
 
 6           conviction, by a fine of not less than $250 nor more
 
 7           than $1,000 or by imprisonment of not more than one
 
 8           year, or both;
 
 9      (3)  For a third or subsequent conviction within five years
 
10           of the first two or more convictions, by a fine of not
 
11           less than $500 nor more than $1,000, or by imprisonment
 
12           of not more than one year, or both.]
 
13 sentenced pursuant to chapter 706; provided that the court, in
 
14 addition to any term of imprisonment or any other terms and
 
15 conditions of probation, shall order the defendant to pay a fine
 
16 of not less than $1,000.  Notwithstanding section 706-669 and any
 
17 other law to the contrary, any person in violation of subsection
 
18 (b), as a first offense, shall be sentenced to a mandatory
 
19 minimum period of imprisonment without possibility of parole for
 
20 thirty days.  Repeat offenders shall be sentenced pursuant to
 
21 chapter 706.
 
22      (c)  [In addition to the above penalties, for the first
 
23 conviction a fine of up to $100 may be levied for each specimen
 

 
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 1 of aquatic life taken or rock or coral broken or damaged
 
 2 illegally under this chapter; provided that for every subsequent
 
 3 conviction within five years of the first conviction, a fine of
 
 4 up to $100 shall be levied for each specimen of aquatic life
 
 5 taken or rock or coral broken or damaged illegally under this
 
 6 chapter.]  The fines specified in this section shall not be
 
 7 suspended or waived."
 
 8      SECTION 7.  Section 189-4, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§189-4  Penalties.  [In addition to the revocation of a
 
11 commercial marine license, any] (a)  Any person violating any of
 
12 the provisions of [sections 189-2 and 189-3] this chapter for
 
13 which a penalty is not otherwise provided, or any rule of the
 
14 department adopted thereunder, shall be guilty of a petty
 
15 misdemeanor[, and upon conviction thereof, shall be fined not
 
16 less than $25 nor more than $500, or imprisoned not less than
 
17 five nor more than thirty days, or both;] and punishable as
 
18 provided in subsection (b); provided that in the case of a
 
19 corporation violating any of the provisions only the fine shall
 
20 be imposed, but any officer of the corporation who wilfully
 
21 procures or permits the violation of the provisions by the
 
22 corporation shall be subject to fine [and] or imprisonment, or
 
23 both, as in the case of an individual violating the same.
 

 
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 1      (b)  The punishment, in addition to any other penalties,
 
 2 shall be a fine of not less than:
 
 3      (1)  $250 for a first offense;
 
 4      (2)  $500 for a second offense;
 
 5      (3)  $1,000 for a third or subsequent offense.
 
 6      (c) The fines specified in this section shall not be
 
 7 suspended or waived."
 
 8      SECTION 8.  Section 189-14, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§189-14  Rights of entry, penalties.  The department [of
 
11 land and natural resources] may board any vessel, whether
 
12 commercial or non-commercial, capable of being used in taking
 
13 marine life, or enter any place of business where marine life is
 
14 sold, stored, processed, cooked, canned, or cured, for purposes
 
15 of investigation and inspection, and inspect any and all books
 
16 and records containing account of the marine life taken, bought,
 
17 or sold.
 
18      Any person who fails to permit an inspection as provided in
 
19 this section, or who refuses to produce any book or record
 
20 containing any information of the marine life taken, bought, or
 
21 sold, and any person who interferes with any officer or agent of
 
22 the department in the performance of the officer's or agent's
 
23 duty as authorized in this section, shall be guilty of a petty
 

 
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 1 misdemeanor and[, upon conviction thereof, shall be fined not
 
 2 less than $25 nor more than $500, or imprisoned not less than
 
 3 five nor more than thirty days, or both.] punished as provided by
 
 4 section 189-4."
 
 5      SECTION 9.  Section 190-5, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§190-5  Penalty.  (a)  Any person violating this chapter,
 
 8 any rule adopted pursuant thereto, or the terms and conditions of
 
 9 any permit issued under section 190-4, shall be guilty of a petty
 
10 misdemeanor and [fined not more than $500 or imprisoned not more
 
11 than thirty days, or both.] and punished as provided in
 
12 subsections (b) and (c).
 
13      (b)  The punishment, in addition to any other penalties,
 
14 shall be a fine of not less than:
 
15      (1)  $250 for a first offense;
 
16      (2)  $500 for a second offense; and
 
17      (3)  $1,000 for a third or subsequent offense.
 
18      (c)  The fines specified in this section shall not be
 
19 suspended or waived."
 
20      SECTION 10.  Section 706-606.5, Hawaii Revised Statutes, is
 
21 amended by amending subsection (1) to read as follows:
 
22      "§706-606.5  Sentencing of repeat offenders.  (1)
 
23 Notwithstanding section 706-669 and any other law to the
 

 
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 1 contrary, any person convicted of murder in the second degree,
 
 2 any class A felony, any class B felony, or any of the following
 
 3 class C felonies:  section 188-23 relating to possession or use
 
 4 of explosives, electrocuting devices, and poisonous substances in
 
 5 state waters; section 707-703 relating to negligent homicide in
 
 6 the first degree; 707-711 relating to assault in the second
 
 7 degree; 707-713 relating to reckless endangering in the first
 
 8 degree; 707-716 relating to terroristic threatening in the first
 
 9 degree; 707-721 relating to unlawful imprisonment in the first
 
10 degree; 707-732 relating to sexual assault or rape in the third
 
11 degree; 707-735 relating to sodomy in the third degree; 707-736
 
12 relating to sexual abuse in the first degree; 707-751 relating to
 
13 promoting child abuse in the second degree; 707-766 relating to
 
14 extortion in the second degree; 708-811 relating to burglary in
 
15 the second degree; 708-821 relating to criminal property damage
 
16 in the second degree; 708-831 relating to theft in the first
 
17 degree as amended by Act 68, Session Laws of Hawaii 1981; 708-831
 
18 relating to theft in the second degree; 708-835.5 relating to
 
19 theft of livestock; 708-836 relating to unauthorized control of
 
20 propelled vehicle; 708-852 relating to forgery in the second
 
21 degree; 708-854 relating to criminal possession of a forgery
 
22 device; 708-875 relating to trademark counterfeiting; 710-1031
 
23 relating to intimidation of a correctional worker; 710-1071
 

 
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 1 relating to intimidating a witness; 711-1103 relating to riot;
 
 2 712-1203 relating to promoting prostitution in the second degree;
 
 3 712-1221 relating to gambling in the first degree; 712-1224
 
 4 relating to possession of gambling records in the first degree;
 
 5 712-1243 relating to promoting a dangerous drug in the third
 
 6 degree; 712-1247 relating to promoting a detrimental drug in the
 
 7 first degree; 134-7 relating to ownership or possession of
 
 8 firearms or ammunition by persons convicted of certain crimes;
 
 9 134-8 relating to ownership, etc., of prohibited weapons; 134-9
 
10 relating to permits to carry, or who is convicted of attempting
 
11 to commit murder in the second degree, any class A felony, any
 
12 class B felony, or any of the class C felony offenses enumerated
 
13 above and who has a prior conviction or prior convictions for the
 
14 following felonies, including an attempt to commit the same:
 
15 murder, murder in the first or second degree, a class A felony, a
 
16 class B felony, any of the class C felony offenses enumerated
 
17 above, or any felony conviction of another jurisdiction shall be
 
18 sentenced to a mandatory minimum period of imprisonment without
 
19 possibility of parole during such period as follows:
 
20      (a)  One prior felony conviction:
 
21           (i) Where the instant conviction is for murder in the
 
22               second degree or attempted murder in the second
 
23               degree--ten years;
 

 
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 1          (ii) Where the instant conviction is for a class A
 
 2               felony--six years, eight months;
 
 3         (iii) Where the instant conviction is for a class B
 
 4               felony--three years, four months;
 
 5          (iv) Where the instant conviction is for a class C
 
 6               felony offense enumerated above--one year, eight
 
 7               months;
 
 8      (b)  Two prior felony convictions:
 
 9           (i) Where the instant conviction is for murder in the
 
10               second degree or attempted murder in the second
 
11               degree--twenty years;
 
12          (ii) Where the instant conviction is for a class A
 
13               felony--thirteen years, four months;
 
14         (iii) Where the instant conviction is for a class B
 
15               felony--six years, eight months;
 
16          (iv) Where the instant conviction is for a class C
 
17               felony offense enumerated above--three years, four
 
18               months;
 
19      (c)  Three or more prior felony convictions:
 
20           (i) Where the instant conviction is for murder in the
 
21               second degree or attempted murder in the second
 
22               degree--thirty years;
 
23          (ii) Where the instant conviction is for a class A
 

 
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 1               felony--twenty years;
 
 2         (iii) Where the instant conviction is for a class B
 
 3               felony--ten years;
 
 4          (iv) Where the instant conviction is for a class C
 
 5               felony offense enumerated above--five years."
 
 6      SECTION 11.  Section 189-13, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      ["§189-13  Penalty.  Any person violating any of the
 
 9 provisions of sections 189-10 and 189-11, or who misrepresents or
 
10 makes a false statement in the issuance of receipts or in the
 
11 reports, shall be fined not more than $500, or imprisoned not
 
12 more than one hundred days, or both."]
 
13      SECTION 12.  Section 189-16, Hawaii Revised Statutes, is
 
14 repealed.
 
15      ["§189-16  Penalties.  A person violating the provisions of
 
16 section 189-15 or any of the sections in this part for which a
 
17 penalty is not otherwise provided, or any rule of the department
 
18 adopted thereunder, shall be guilty of a petty misdemeanor, and
 
19 upon conviction thereof, shall be punished as provided by law;
 
20 provided that any punishment for any violation of the provisions
 
21 of section 189-15 shall not be deemed to preclude the State from
 
22 bringing legal actions for damages to, or loss of, such fish
 
23 aggregating devices."]
 

 
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 1      SECTION 13.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 14.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 15.  This Act shall take effect upon its approval.