SB1249 SD1

SECTION 1. The legislature finds that fishing is an important pastime for many Hawaii residents, providing not only recreational and subsistence benefits, but also a source of additional income for many small-scale commercial fishers who often sell a portion of their catch to cover costs of fuel or fishing gear.

The legislature further finds that the current commercial marine license (CML) laws are unnecessarily burdensome on boat-based fishers due to the requirement that each individual on a fishing vessel must have a CML to participate in a commercial fishing trip where the resulting catch may be sold. This places logistical and even financial burdens on vessel captains when part-time crew members are needed for a commercial fishing trip, or when random or infrequent visitors are invited. It also leads to confusion regarding who is responsible for submitting commercial catch reports for fishing activities on board the vessel.

The legislature also recognizes that the department of land and natural resources (department) lacks the statutory authority to establish different types of CMLs, which makes it difficult for the department to develop effective commercial fisheries regulations that accommodate the needs of different categories of commercial fishers. The legislature therefore concludes that creating different types of CMLs, such as a commercial marine vessel license, would enable the department to better manage the State's diverse commercial fishing activities.

This Act authorizes the department to create a commercial marine vessel license (CMVL), which is intended to cover everyone on board a fishing vessel under one license and eliminate the need for individual CMLs. A CMVL would be more convenient and cost effective for Hawaii boat-based fishers and would clarify who is responsible for submitting commercial catch reports for the vessel.

The legislature also finds that existing statutory language expressly requires vessel-based fishing charters to obtain a CML. It is unclear however whether shore-based charters are also required to obtain a CML. This Act would clarify that any person providing fishing charter services, whether vessel-based or shore-based, must first obtain a CML. This will allow the department to better understand and manage marine charter fishing activities in the State.

The purpose of this Act is to:

(1) Authorize the department of land and natural resources to establish different types of CMLs, including CMVLs; and

(2) Require any person providing fishing charter services, whether vessel-based or shore-based, to first obtain a CML.

SECTION 2. Section 189-2, Hawaii Revised Statutes, is amended to read as follows:

"§189-2 Commercial marine license. (a) The department shall issue commercial marine licenses for the taking of marine life for commercial purposes. The department may establish different types of commercial marine licenses, including commercial marine vessel licenses, and specify the requirements and qualifications for the issuance of these licenses.

[~~(a)~~] (b) No person shall take marine life for commercial purposes whether the marine life is caught or taken within or outside of the State, without first obtaining a commercial marine license as provided in this section[.]; provided that the department may adopt rules pursuant to chapter 91 to exempt persons taking marine life for commercial purposes pursuant to a valid commercial marine vessel license.

[~~(b)~~] (c) Additionally, any person providing [~~vessel~~] charter services, whether vessel-based or shore-based, in the State for the taking of marine life in or outside of the State shall obtain a commercial marine license.

[~~(c)~~] (d) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this section and to set fees for commercial marine licensing.

[~~(d)~~] (e) The fees for commercial marine licenses and duplicate commercial marine licenses shall be established by the department by rules adopted in accordance with chapter 91.

[~~(e)~~] (f) The department shall suspend, shall refuse to renew, reinstate, or restore, or shall deny any license issued under this section 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 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, reinstate, or restore such a license only upon receipt of authorization from the child support enforcement agency, the office of child support

hearings, or the family court.

[~~(f)~~] (g) The department shall not renew or reinstate, or shall deny or suspend any license or application, if the department has received certification from an administering entity pursuant to chapter 436C that the licensee or applicant is in default or breach of any obligation under any student loan, student loan repayment contract, or scholarship contract that financed the licensee's or applicant's education, or has failed to comply with a repayment plan.

The department in receipt of a certification pursuant to chapter 436C shall, as applicable, and without further review or hearing:

(1) Suspend the license;

(2) Deny the application or request for renewal of the license; or

(3) Deny the request for reinstatement of the license,

and unless otherwise provided by law, shall renew, reinstate, or grant the license only upon receipt of an authorization from the administering entity."

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

SECTION 4. This Act shall take effect on December 31, 2050.

THE SENATE	S.B. NO.	1249
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII