HOUSE OF REPRESENTATIVES

H.B. NO.

2382

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CRUSTACEANS.

 

 

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

 


     SECTION 1.  The legislature finds that the management of aquatic resources is under the jurisdiction of the department of land and natural resources (department).  The expertise to properly determine which species need management measures, what those measures should be, and how best to implement those measures rests within the department.  The chapter 91, Hawaii Revised Statutes, administrative rule making process provides the mechanism for the department to discuss these proposed changes to administrative rules through a public process that is transparent, provides the public ample opportunities for comment, and helps to ensure that due process is followed.

     The purpose of this Act is to transfer the statutory provisions that prohibit the taking of female spiny lobsters, kona crabs, and samoan crabs to administrative rules of the department.

     SECTION 2.  Section 188-58.5, Hawaii Revised Statutes, is repealed.

     ["[§188-58.5]  Female ula (spiny lobsters), Kona crabs, and Samoan crabs; taking or killing prohibited.  (a)  Unless otherwise exempted by law, it shall be unlawful for any person to take or kill any female ula (spiny lobster or Panulirus), Kona crab (Ranina ranina), or Samoan crab (Scylla serrata).

     (b)  This section shall not prohibit the taking or killing of female marine invertebrates identified in subsection (a) if they are the product of commercial aquaculture and not removed from their natural environment."]

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.

     SECTION 4.  This Act, upon its approval, shall take effect on the effective date of administrative rules adopted by the department of land and natural resources that regulate the taking or killing of female spiny lobsters, kona crabs, and samoan crabs.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Crustaceans; Prohibition on Taking or Killing; Administrative Rules

 

Description:

Transfers the statutory provisions of section 188-58.5, Hawaii Revised Statutes, that prohibit the taking or killing of female spiny lobsters, kona crabs, and samoan crabs, to administrative rules of the Department of Land and Natural Resources.

 

 

 

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