HOUSE OF REPRESENTATIVES	H.B. NO.	511
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

related to harassment.

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

     SECTION 1.  Section 188-71, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person shall intentionally prevent or attempt to prevent the lawful taking of fish by a person permitted pursuant to section 188-31, licensed pursuant to section 188-50, or fishing in marine waters within the State's jurisdiction by:

     (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."

     SECTION 2.  Section 199-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The conservation and resources enforcement officers, with respect to all state lands, including public lands, state parks, forest reserves, forests, aquatic life and wildlife areas, Kaho‘olawe island reserve, and any other lands and waters within the State, shall:

     (1)  Enforce title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder;

     (2)  Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;

     (3)  Cooperate with enforcement authorities of the State, counties, and federal government in development of programs and mutual aid agreements for conservation and resources enforcement activities within the State;

     (4)  Cooperate with established search and rescue agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for search and rescue activities within the State;

     (5)  Check and verify all leases, permits, and licenses issued by the department of land and natural resources;

     (6)  Enforce the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134;

     (7)  Enforce the laws in chapter 291E relating to operating a vessel on or in the waters of the State while using intoxicants;

(8) Enforce the laws relating to harassment, specifically, criminal harassment pursuant to section 711-1106, hunter harassment pursuant to section 183D-27.5, and harassment of fishermen pursuant to section 188-71;

    [(8)] (9)  Whether through a specifically designated marine patrol or otherwise, enforce the rules in the areas of boating safety, conservation, and search and rescue relative to the control and management of boating facilities owned or controlled by the State, ocean waters, and navigable streams and any activities thereon or therein, and beaches encumbered with easements in favor of the public, and the rules regulating vessels and their use in the waters of the State; and

    [(9)] (10)  Carry out other duties and responsibilities as the board of land and natural resources from time to time may direct."

     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:

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Report Title:

Harassment of Fishermen

Description:

Prohibits the harassment of persons marine fishing and aquarium fishing.  Specifically includes the enforcement of harassment as a duty of a conservation and resources enforcement officer.

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