2013 Hawaii Revised Statutes
TITLE 12. CONSERVATION AND RESOURCES
188. Fishing Rights and Regulations
188-39.5 Manta rays; prohibitions, penalties and fines.

Cross References

Nonapplicability of fishing regulations to patients of Kalaupapa, see §326-29.

Law Journals and Reviews

Protecting Hawai‘i's Fisheries: Creating an Effective Regulatory Scheme to Sustain Hawai‘i's Fish Stocks. 29 UH L. Rev. 243.

§188-39.5 Manta rays; prohibitions, penalties and fines. (a) No person shall knowingly capture or kill a manta ray within state marine waters.

(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 a first offense;

(2) $2,000 for a second offense; and

(3) $10,000 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) An administrative fine of not more than $10,000 for each manta ray captured or killed in violation of this section;

(2) Seizure and forfeiture of any captured manta rays, commercial marine license, vessel, and fishing equipment; and

(3) Assessment of administrative fees and costs, and attorney's fees and costs.

(d) The criminal penalties and administrative fines and costs shall be assessed per manta ray captured or killed in violation of this section.

(e) This section shall not prohibit special activity permits allowed under section 187A-6; provided that the permit issued does not allow a take that exceeds the potential biological removal level; and provided further that the department shall adopt rules to define a "take" and determine when a take exceeds the potential biological removal level. [L 2009, c 92, §2]