[§ 188-40.7]. Shark fins; prohibited
(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.”
[§ 188-40.8]. Sharks; mano; prohibitions; exceptions; penalties and fines
(a) Except as provided in subsection (f), or as otherwise provided by law, no person shall intentionally or knowingly capture or entangle any shark, whether alive or dead, or kill any shark, within state marine waters.
(b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor; provided that the fine for violating this section shall be:
(1) $500 for a first offense;
(2) $2,000 for a second offense; and
(3) $10,000 for a third or subsequent offense.
(c) A person convicted of violating this section may be sentenced to pay a civil fine not exceeding $10,000 per offense.
(d) In addition to any other penalty imposed under this section, a person violating this section shall be subject to:
(1) An administrative fine of no more than $10,000 for each shark captured or entangled, whether alive or dead, or killed in violation of this section;
(2) Seizure and forfeiture of any captured sharks or any part or product therefrom, commercial marine license, vessel, and fishing equipment; and
(3) Assessment of administrative fees and costs, and attorney's fees and costs.
(e) The criminal penalties and administrative fines, fees, and costs shall be assessed per shark captured or entangled, whether dead or alive, or killed in violation of this section.
(f) This section shall not apply to:
(1) Special activity permits issued under section 187A-6;
(2) The department of land and natural resources or its designated agent if the capture or entanglement, whether alive or dead, or killing is for the protection of public safety;
(3) Sharks taken outside of state marine waters and possessed on a vessel in state marine waters pursuant to any federally managed fishery, with the required documentation of the location where the capture occurred;
(4) Any person if the capture or entanglement, whether alive or dead, or killing is the result of self-defense, or the defense of another, against death or bodily harm; and
(5) Any person who captures or kills a shark pursuant to a permit issued by the department of land and natural resources under subsection (i).
(g) Nothing in this section shall be construed to restrict the exercise of traditional and customary rights protected pursuant to article XII, section 7, of the Hawaii State Constitution.
(h) The department of land and natural resources may adopt rules pursuant to chapter 91 to implement this section for purposes including but not limited to:
(1) Ensuring that the incidental capture and release of sharks while targeting other species is not a violation;
(2) Preventing the wanton waste of sharks; and
(3) Limiting gear, such as gill nets, in areas identified as shark nursery habitats.
(i) The department of land and natural resources may issue a non-commercial permit for the take of sharks, subject to permit conditions that shall include native Hawaiian cultural protocol, size and species restrictions, and a prohibition on species listed as endangered or threatened pursuant to section 195D-4.
(j) For the purposes of this section, “shark” means any species of shark within the subclass Elasmobranchii.
Credits
Laws 2021, ch. 51, § 2, eff. Jan. 1, 2022.