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HOUSE OF REPRESENTATIVES |
H.B. NO. |
266 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to surfing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there is a need for clear regulations regarding the interaction between surfers and fishermen in Hawaii. Fishermen often deploy fishing lines in a manner that crosses the surfing lane and poses a significant safety hazard to surfers and other ocean users. The purpose of this Act is to ensure the safety of all ocean users and prioritize the rights of surfers in designated surf locations.
SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§188- Surfer right of way. (a) Surfers shall have the right of way in
designated surf locations. Fishermen,
including drone fishermen, are required to move their fishing poles or lines if
they interfere with surfers or other recreational users.
(b) Any person violating this section or any rule
adopted pursuant to this section shall be guilty of a misdemeanor and shall be
fined:
(1) $500 for the
first offense;
(2) $1,500 for the second
offense; and
(3) $3,000 for a
third or subsequent offense.
(c) In addition to any other penalty imposed
under this section, a person violating this section shall be subject to:
(1) For a first
offense, seizure of any fishing equipment used in violation of this section or
any rule adopted pursuant to this section; and
(2) For a second
offense, seizure and forfeiture of any fishing equipment used in violation of
this section or any rule adopted pursuant to this section.
(d) The prosecution of any violation under this
section or any rule adopted pursuant to this section requires sufficient
evidence to demonstrate the unsafe conditions and the disregard for surfers'
rights.
(e) The department shall implement a public
education campaign to inform both surfers and fishermen about their rights and
responsibilities in shared ocean spaces.
(f) The department shall install clear signage at
designated surf locations indicating surfers' right of way and the rules
pertaining to fishing in that area. The
department shall publish a map identifying all designated surf locations.
(g) This section may be enforced by the
department's division of conservation and resource enforcement, the department
of law enforcement, the respective county police departments, or the respective
county fire departments.
(h) The department shall adopt rules pursuant to
chapter 91 necessary for the purpose of this section.
(i) As
used in this section:
"Drone fishermen" means individuals
using drones to deploy fishing lines in proximity to recreational ocean users.
"Surfers" means individuals engaged
in surfing at designated surf locations.
"Designated surf location" means an
area recognized as safe and common locations for surfing, swimming, diving, and
other recreational activities, to be determined by the department of land and
natural resources.
"Department" means the department
of land and natural resources.
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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Report Title:
Fishing; Surfers; Recreational Areas; DLNR; Safety
Description:
Clarifies that surfers have the right of way in designated surf locations to be determined by the department of land and natural resources. Authorizes penalties for fishermen who violate this section. Requires DLNR to implement a public education campaign, erect clear signs, and create a designated surf location map.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.