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HOUSE OF REPRESENTATIVES |
H.B. NO. |
446 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FISHING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§187A- Near
shore fishing tour guides; license; restricted areas. (a) The department shall issue
to any qualified person a near shore fishing tour guide license.
(b) The license shall be valid in any county;
provided the license shall not be valid for near shore fishing tour guide
service at any marine preserve, marine sanctuary, or prohibited fishing areas
under sections 188-34, 188-35, and 188-36.
(c) The cost of the license shall be three per
cent of the monthly gross revenues earned by the near shore fishing tour guide
or $200 per month, whichever is more.
All proceeds from licenses issued pursuant to this section shall be expended
by the division of aquatic resources for the purposes of issuing licenses and
enforcing compliance with licensure requirements, including the hiring of
necessary program or administrative staff.
(d) Near shore fishing tour guides shall:
(1) Be exempt from a commercial use permit for
state boat launching ramps required by the department of land and natural
resources; provided that the near shore fishing tour guide possesses a valid
near shore fishing tour guide license and the near shore fishing tour guide's
gross revenues do not exceed $250,000 per boat per year;
(2) Possess a valid captain's license, in
accordance with United States Coast Guard regulations, if the guided activity
involves use of a motorized vessel; provided that if the guided activity is
onshore, no captain's license shall be required;
(3) Have access to beaches, oceans, and
shorelines other than restricted areas established pursuant to subsection (e) and
shall be exempt from obtaining written permission from a county or other entity
to access those areas;
(4) Have basic first aid and cardiopulmonary
resuscitation certification; and
(5) Possess general liability and commercial
boat insurance.
(e) The department may adopt rules pursuant to
chapter 91 to implement this section, including establishing the license
requirements, restricted areas, and terms and conditions of the near shore
fishing tour guide license.
(f) As used in this section, unless the context clearly indicates otherwise:
"Bait casting fishing" means catching fish with a line and hook attached to a reel that has a revolving spool and sits on top of a casting rod.
"Light tackle fishing" means catching fish with a rod, reel, hook, and line with a class strength of twenty pounds or lighter.
"Near
shore fishing tour guide" means any person who for compensation acts as a
guide to persons engaged in fly fishing, light tackle fishing, or bait casting
fishing within state marine waters as defined in section 187A-1.5 or within
three miles from the shoreline, whichever is closer."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Near Shore Fishing Tour Guides; License
Description:
Establishes a near shore fishing tour guide license requirement. Expands permitted fishing areas for near shore fishing tour guides. (HB446 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.