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THE SENATE |
S.B. NO. |
1176 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE TAKING OF NATURAL RESOURCES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 199, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§199- Inspection;
exhibit upon demand; penalty. (a) Section 199-7 notwithstanding, any police
officer or agent of the department of land and natural resources upon whom the
board of land and natural resources has conferred police powers may, in the
performance of the officer's or agent's primary duties, stop and temporarily
detain any person whom the officer or agent reasonably believes is, or recently
has been, engaged in fishing, hunting, gathering, or any other activity
involving the take of natural resources, and may inspect any license, permit,
stamp, tag, or other relevant documentation, as well as all natural resources
in the person's possession, including the contents of any bag or container of
any kind used to carry natural resources, and any equipment, article,
instrument, aircraft, vessel, vehicle, or conveyance being used, to determine
whether the person is in compliance with title 12 and chapters 6D, 6E, and 6K under
title 1, and any rules adopted thereunder, relating to the protection and
conservation of natural resources. For
purposes of this section, "natural resources" includes any
archaeological artifacts, minerals, any aquatic life or wildlife or parts
thereof, including their eggs, and any land plants or parts thereof, including
seeds.
(b)
Any license, permit, stamp, tag, or other relevant documentation, any
natural resources in the person's possession, and any device or apparatus designed
to be and capable of being used to take natural resources, shall be exhibited
upon demand to any person authorized by the department of land and natural
resources to enforce title 12 and chapters 6D, 6E, and 6K under title 1, and
any rule adopted thereunder, relating to the protection and conservation of
natural resources.
(c) Any person violating subsection (b) shall be
guilty of a misdemeanor and, in addition to any other penalties, shall be fined
not less than:
(1) $250 for a first offense;
(2) $500 for a second offense;
(3) $1,000 for a third or subsequent offense."
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 upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Natural Resources; Inspection; Penalties
Description:
Clarifies that any police officer or agent of the Department of Land and Natural Resources (Department) upon whom the Board of Land and Natural Resources (Board) has conferred police powers may, in the performance of their primary duties, inspect certain items for compliance with title 12, chapters 6D, 6E, and 6K, Hawaii Revised Statutes, and any rule adopted thereunder, relating to the protection and conservation of natural resources. Establishes penalties for refusal to comply with inspection requests made by any police officer or agent of the Department upon whom the Board has conferred police powers.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.