SB1177

SECTION 1. Fishing in marine waters is an important pastime for the people of Hawaii, providing valuable opportunities for outdoor recreation, subsistence, and transmission of cultural practices and values. Hawaii's marine fishing opportunities also attract thousands of visitors each year, from professional anglers who come to participate in big game fishing tournaments to weekend fishing enthusiasts seeking to enjoy their favorite recreational activity while on vacation. With ever increasing pressure on the State's marine resources, it is critical that the State identify and develop sustainable sources of funding to effectively manage its fisheries.

Furthermore, the department of land and natural resources (department) issues commercial marine fishing licenses and freshwater game fishing licenses. License fees are used toward management of commercial marine fisheries and recreational freshwater fisheries. Additionally, Hawaii residents pay taxes that support state fisheries management programs. In contrast, nonresident recreational fishers directly benefit from enjoyment of Hawaii's marine fishery resources without directly contributing to management of those resources. A nonresident recreational marine license and associated fees would provide an additional source of revenue to the State for marine fisheries management. Fees would be deposited into the department's sport fish special fund in accordance with section 187A-9.5, Hawaii Revised Statutes.

The purposes of this Act are to:

(1) Establish a nonresident recreational marine fishing license requirement and fees to enable the department to more effectively manage the marine fisheries resources of the State; and

(2) Require the department to adopt rules to implement this license.

SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§188- Nonresident recreational marine fishing license; application; fees; restrictions. (a) It is unlawful for any nonresident of the State of Hawaii, except children below fifteen years of age and members of the armed forces of the United States on active duty in the State and their spouse and minor children, to fish for, take, or catch any marine life for noncommercial or recreational purposes without first obtaining a nonresident recreational marine fishing license. The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

(b) Nonresident recreational marine fishing licenses shall be issued by agents of the department upon written application in such form as may be prescribed by the department together with payment of a fee. The fee for a nonresident recreational marine fishing license shall be as follows:

(1) One-day fishing license = $20

(2) Seven-day fishing license = $40

(3) Annual fishing license = $70

Fees established by this subsection may be increased by the department not more frequently than once every five years, at the rate of the consumer price index change from July 2021, compounded annually, rounded to the nearest dollar.

(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.

(d) It shall be illegal to sell or offer for sale any marine life taken under a nonresident recreational marine fishing license, provided that marine life taken by nonresident licensees on board a charter fishing vessel owned or operated by a person with a valid commercial marine license pursuant to section 189-2(b), may be sold.

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

(f) For the purposes of this section:

(1) "Marine life" has the same meaning as defined in section 187A-l;

(2) "Nonresident" means any individual who is not a resident of Hawaii as defined in this section; and

(3) "Resident of Hawaii" means an individual who has:

(A) Established the individual's primary residence and worked in the State of Hawaii continuously for a period of twelve months or longer immediately prior to applying for, or obtaining a license or permit;

(B) Filed or paid the individual's State of Hawaii income taxes for the previous tax period; or

(C) Established the individual's domicile in the State of Hawaii, as evidenced by documentation showing the individual's address, such as a valid State of Hawaii driver's license, a valid State of Hawaii identification card, a valid State of Hawaii school identification card, or any other official document issued to the individual within the last thirty days from a government agency, financial institution, insurance company, or utility company.

(g) Any person violating this section or any rule adopted pursuant to this section shall be subject to administrative penalties as provided by section 187A-12.5."

SECTION 3. New statutory material is underscored

SECTION 4. This Act shall take effect upon its approval, provided that the requirement to obtain a nonresident recreational marine fishing license shall not be enforced until July 1, 2022.

INTRODUCED BY:

_____________________________

BY REQUEST

THE SENATE	S.B. NO.	1177
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII