Signed by Governor David Ige

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the hunting of sharks and rays.

Highlights:

• Prohibits any individual from knowingly capturing, taking, possessing, abusing, or entangling any shark, whether alive or dead, or kill any shark, within the state marine waters (Sec. 2).

• Requires that any person that violates this rule to be guilty of a misdemeanor and will pay one of the following fines (Sec. 2):

• $500 for a first offense;

• $2,000 for the second offense; and

• $10,000 for a third or any subsequent offense.

• Requires that in addition to the fines, a person violating this section will be subject to the following (Sec. 2):

• An administrative fine of no more than $10,000 for each shark captured, killed, taken, possessed, abused, or entangled in violation of this section;

• Seizure and forfeiture of any captured sharks, commercial marine license, vessel, and fishing equipment, and

• Assessment of administrative fees and costs and attorney’s fees and costs.

• Prohibits this section from applying to the following (Sec. 2):

• Special activity permits or research permits authorized by law, provided that the permit issued does not allow a take that exceeds the potential biological removal level;

• The Department of Land and Natural Resources or its designated agent if the capture, killing, taking, possession, abuse, or entanglement is for the protection of public safety;

• Sharks taken outside of state marine waters and possessed on a vessel in state marine waters pursuant to any federally managed fishery, for the purpose of landing the catch in the State; and

• Any person if the capture, taking, possession, abuse, entanglement, or killing is the result of defense of the person’s self or of another against death or bodily harm.

• Prohibits any individual from knowingly capture, take, possess, abuse, or entangle a ray, whether alive or dead, or kill any ray, within state marine waters (Sec. 3).

• Requires any individual that violates this section or any rule adopted to be guilty of a misdemeanor and to be fined the following (Sec. 3):

• $500 for a first offense;

• $2,000 for a second offense; and

• $10,000 for a third or subsequent offense.

• Requires that in addition to the fines, a person violating this section will be subject to the following (Sec. 3):

• An administrative fine of not more than $10,000 for each ray captured, killed, taken, possessed, abused, or entangled in violation of this section;

• Seizure and forfeiture of any captured rays, commercial marine license, vessel, and fishing equipment; and

• Assessment of administrative fees and costs and attorney’s fees and costs.

• Specifies that this section does not apply to special activity permits or research permits authorized by law (Sec. 3).

• Specifies that nothing in this section shall be constructed to restrict the exercise of traditional and customary rights protected by the state constitution (Sec. 3).

Full Bill Text