HOUSE OF REPRESENTATIVES

H.B. NO.

2246

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to marine life conservation districts.

 

 

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

 


     SECTION 1.  Section 190-4.5, Hawaii Revised Statutes, is amended to read as follows:

     "§190-4.5  Anchoring, boating, and mooring in marine life conservation districts; rules.  (a)  No person shall install a buoy or mooring or use an illegally installed buoy or mooring in a marine life conservation district.

     [(a)] (b)  The department shall, pursuant to chapter 91, adopt rules for the regulation of anchoring and mooring in each marine life conservation district established under this chapter.

     [(b)] (c)  Within its jurisdiction over ocean recreational boating and coastal activities, the department shall adopt rules pursuant to chapter 91 for the regulation of boating in each marine life conservation district established under this chapter."

     SECTION 2.  Section 190-5, Hawaii Revised Statutes, is amended to read as follows:

     "§190-5  Penalty.  (a)  Any person violating this chapter, any rule adopted pursuant thereto, or the terms and conditions of any permit issued under section 190-4, shall be guilty of a petty misdemeanor and punished as provided in subsections (b) [and (c).] through (d).

     (b)  The punishment, in addition to any other penalties, shall be a fine of not less than:

     (1)  $250 for a first offense;

     (2)  $500 for a second offense; and

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

     (c)  Any person who violates section 190-4.5(a), shall be subject to a revocation of their use permits issued under chapter 200.

     [(c)] (d)  The fines specified in this section shall not be suspended or waived."

     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  Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

 


 


 

Report Title:

Marine Life Conservation Districts; Illegal Buoys and Moorings

 

Description:

Prohibits the installation of buoys and moorings and use of illegal buoys and moorings in Marine Life Conservation Districts.  Violators are subject to fines and permit revocation.

 

 

 

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