SB2052

SECTION 1. The legislature finds that of the twenty-three coastal states in the United States, Hawai‘i is the only state that does not require a non-commercial marine fishing registry, permit, or license. The State has required a license for commercial fishing since 1925, a license for freshwater game fishing since 1949, and a license to hunt since 1907.

The legislature also finds that there is very limited data available about the non-commercial marine fishing activity that occurs in Hawai‘i, including the number of fishers, type and amount of species caught, and uses of the marine life. The United States Fish and Wildlife Service estimated that in 2011 there were 155,000 non-commercial marine fishers active in the State. In comparison, there were 3,715 commercial marine licensees and 5,189 freshwater game fishing licensees in 2015. Although the non-commercial marine fishing activity vastly outweighs that of commercial marine and freshwater fishers combined, most fishery managers would agree that data about the non-commercial marine fishing activity is almost non-existent.

The legislature further finds that intertwined with the public's right to access and use public fisheries in state waters is the duty of the State to manage these fisheries and protect their long term use. While the Hawai‘i State Constitution and state law do not prevent the State from creating a non-commercial marine fishing license, the department of land and natural resources does not have the statutory authority to do so.

The legislature therefore concludes that the lack of a system to oversee non-commercial marine fishing deprives the State of a means to effectively manage the use of its salt water fisheries for non-commercial purposes. This measure will expand the existing freshwater game fishing license into a comprehensive non-commercial fishing license that covers freshwater and saltwater activity.

A combined non-commercial fishing license will allow for better management of fishing across the State. This includes generating needed revenue for department of land and natural resources projects that support non-commercial fishing. Similar to freshwater fishers, non-commercial marine fishers will also be required to pay a reasonable annual fee. Fees will be deposited into the sport fish special fund, which restricts the use of funds to programs and activities related to aquatic resources. The resident license fee will be capped at $15 per year for the first three years of the license.

A further benefit of establishing a non-commercial marine fishing license is that it may increase the State's share of matching federal funds from the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act, which is based in part on the number of the State's paid recreational fishing license holders. Currently Hawai‘i receives one per cent of eligible federal match funds; the cap is five per cent, with most states receiving between one and four per cent.

The purpose of this Act is to require the department of land and natural resources to license non-commercial marine fishing along with freshwater fishing.

SECTION 2. Section 187A-9.5, Hawaii Revised Statutes, is amended to read as follows:

"§187A-9.5 Sport fish special fund. (a) There is established in the department a sport fish special fund.

(b) The following proceeds shall be retained by or transmitted to the department for deposit into the sport fish special fund:

(1) Moneys collected as fees for sport fishing licenses and permits, attendance of aquatic resources education programs, use of public fishing areas or other fishing grounds for sport fishing purposes, and use of sport fisheries-related facilities;

(2) Moneys collected under the provision of any law or rule relating to the importation, taking, catching, or killing of any sport fish;

(3) Moneys, other than informers' fees authorized under section 187A-14, collected as fines or bail forfeitures for sport fishing violations of this chapter and chapters 188, 189, and 190;

(4) Moneys collected from the sale of any article purchased from the department related to sport fish or sport fishing;

(5) Any monetary contributions or moneys collected from the sale of non-monetary gifts to benefit sport fish or sport fishing; and

(6) Moneys derived from interest, dividend, or other income from the above sources.

(1) For programs and activities to implement title 12, subtitle 5, including the provision of state funds to match federal grants under the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act (64 Stat. 430, 16 U.S.C. §777), as amended, for projects concerning sport fish;

(2) For acquisition of the use, development, or maintenance of trails [~~and~~], accessways, and small boat harbors into public fishing areas, fishery management areas, marine life conservation districts, or private lands where public sport fishing is authorized; [~~and~~]

(3) For research programs and activities concerning sport fish conservation and management. Research programs and activities conducted under this paragraph may be conducted by personnel of the department or through grants-in-aid to or contracts with the University of Hawaii system or other qualified organizations or individuals[.]; and

(4) For enforcement activities specific to fish and other aquatic life conservation.

(d) The proceeds of the sport fish special fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or instruments of indebtedness.

(e) In addition to subsection (c), the department may use moneys in the sport fish special fund for the importation into, and the management, preservation, propagation, enforcement, and protection of sport fishes in, the State; provided that the department, prior to authorizing expenditures or expending funds from the sport fish special fund, first shall attempt to use those funds to maximize the State's participation to secure federal funds under the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act, as amended.

(f) Nothing in this section shall be construed as prohibiting the funding with general funds or other funds of programs and activities to implement or enforce title 12, subtitle 5, concerning sport fish management and conservation[.], including non-commercial fishing management and conservation.

(g) For purposes of this section, "sport fishing" and "sport fish" shall include non-commercial freshwater and marine fishing and non-commercial freshwater and marine fish."

SECTION 3. Section 188-50, Hawaii Revised Statutes, is amended to read as follows:

"§188-50 [~~License;~~] Non-commercial freshwater and marine fishing license; application; fees; restrictions. (a) It is unlawful for any person, except children below nine years of age, to fish, take, or catch any introduced freshwater game fish or marine life without first obtaining a non-commercial freshwater and marine license. Children exempt by this section may fish, provided they are accompanied by a licensed person. The department of land and natural resources may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter and to set fees for [~~freshwater game fish fishing.~~] non-commercial freshwater and marine licenses.

(b) The licenses may be issued by agents of the department of land and natural resources upon written application in such form as may be prescribed by the department together with payment of a fee. The fees for licenses and duplicate licenses shall be established by the department by rules adopted in accordance with chapter 91[.]; provided that:

(1) The resident fee for licenses issued beginning August 1, 2019, and ending June 30, 2021, shall not be set at more than $15 per year;

(2) The non-resident fee shall be at least five times the amount of the resident fee; and

(3) Waivers or exemptions are prohibited unless otherwise required by law.

(c) No person to whom a license has been issued under this section shall permit any other person to carry, display, or use the license for any purpose. Every person to whom a license has been issued under this section shall show the license upon demand of any officer authorized to enforce the fishing laws of the State. No person shall refuse any officer the examination or inspection of any bag or container of any kind used to carry fish or any vehicle or conveyance used to transport fish.

The department, upon written application, may issue a permit to a club or group of minors, not less than five in number, for unlicensed freshwater fishing where such activity will be supervised by responsible adults. All adults accompanying the excursions, however, shall themselves be licensed. The application shall state the area to be visited, the dates for the excursion, the name of the organization or group, and shall be signed by an adult advisor of the group. The permits shall expire and become void thirty days after issuance. The department may determine other terms and conditions of the permits.

(d) Where a bag limit is specified for the [~~catching of freshwater fish,~~] catch, each licensee may take only one bag per day. This restriction to one bag applies to each minor participating in unlicensed group excursions for which permits have been issued under this section. The catch of a child below the age of nine years shall be deemed part of the catch of the licensed adult accompanying the child.

(e) The department may revoke any license for any infraction of the terms and conditions of the license. Any person whose license has been revoked shall not be eligible to apply for another license until expiration of one year from the date of revocation.

(f) The department shall suspend, refuse to renew, reinstate, or restore, or deny any license or application if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, restore, or reinstate a license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court.

(g) Nothing in this section shall be construed to infringe on the traditional and customary rights protected pursuant to article XII, section 7, of the Hawaii State Constitution.

(h) Violation of this section shall be a misdemeanor."

SECTION 4. The department of land and natural resources shall engage in robust public outreach prior to the implementation of the non-commercial marine license.

SECTION 5. The department of land and natural resources shall submit a report to the legislature no later than twenty days prior to the convening of the regular sessions of 2019 and 2020. The report shall:

(1) Describe the actions taken by the department to implement this Act;

(2) Make recommendations for any proposed legislation, including any additional resources required by the department;

(3) State the annual aggregated numbers of applications received, granted, and denied and the number of licenses suspended, revoked, refused to renew, reinstated, and restored; and

(4) Describe any enforcement actions and their disposition.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval; provided that the requirement for a non-commercial marine license shall not be enforced until August 1, 2019.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2052
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII