Full Statute Name:  West's Hawai‘i Revised Statutes Annotated. Division 1. Government. Title 12. Conservation and Resources. Subtitle 5. Aquatic Resources and Wildlife. Chapter 188. Fishing Rights and Regulations. Part II. Fishing Regulations, Generally. [§ 188-40.7]. Shark fins; prohibited

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Primary Citation:  H R S § 188-40.7 Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  HI ST § 188-40.7 Date Adopted:  2010
Summary:

Hawaii passed this law in 2010 prohibiting the sale, trade, or distribution of shark fins. Prior to July 1, 2011, any restaurant holding a valid certificate, permit, or license issued by the department of health may possess, sell, offer for sale, trade, or distribute shark fins possessed by that restaurant as of July 1, 2010 which are prepared for consumption. Any person violating this section or any rule adopted pursuant to this section incurs an administrative fine of not less than $5,000 and not more than $15,000 for first offense. The fine then increases to $15,000 - $35,000 for a second offense, and $35,000 - 50,000 or imprisonment for up to 1 year, or both, for a third or subsequent offense.

Statute Text: 


(a) It shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute shark fins.

(b) Notwithstanding subsection (a), any person who holds a license or permit issued by the department of land and natural resources to conduct research or for educational purposes possesses, sells, offers for sale, trades, or distributes shark fins shall not be subject to the penalties in this section.

(c) Prior to July 1, 2011, any restaurant holding a valid certificate, permit, or license issued by the department of health under section 321-11 may possess, sell, offer for sale, trade, or distribute shark fins possessed by that restaurant as of July 1, 2010 which are prepared for consumption.

(d) Any person violating this section or any rule adopted pursuant to this section shall be penalized as follows:

(1) For a first offense, by an administrative fine of not less than $5,000 and not more than $15,000;

(2) For a second offense, by an administrative fine of not less than $15,000 and not more than $35,000. In addition, shark fins, commercial marine licenses, vessels, fishing equipment, or other property involved in a violation of this section shall be subject to seizure and forfeiture pursuant to chapter 712A; and

(3) For a third or subsequent offense, by an administrative fine of not less than $35,000 and not more than $50,000 or by imprisonment of not more than one year, or both. In addition, shark fins, commercial marine licenses, vessels, fishing equipment, or other property involved in a violation of this section shall be subject to seizure and forfeiture pursuant to chapter 712A.

(e) In addition to any penalties imposed under subsection (d), any person violating this section or any rule adopted under it shall be subject to any other penalties authorized by section 188-70, and may be assessed administrative fees and costs, and attorney's fees and costs.

(f) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this section.

(g) For the purpose of this section, “shark fin” means the raw or dried fin or tail of a shark.

CREDIT(S)

Laws 2010, ch. 148, § 2, eff. July 1, 2010.


HISTORICAL AND STATUTORY NOTES

Laws 2010, ch. 148, § 4, provides:

“SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.”

 

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