Banner, A.H.

Cox, Doak C.

Smith, Stephen V.

ScholarSpace at University of Hawai'i at Manoa

RL:0233SB 855RELATING TO FISHINGStatement forSenate Committee on JudiciaryPublic Hearing, 11 March 1977byA.H. Banner, Hawaii Institute of Marine BiologyDoak C. Cox, Environmental CenterStephen V. Smith, Hawaii Institute of Marine BiologySB 855 would amend Sec. 188-25 of Hawaii Revised Statutes, that dealswith fishing with firearms and spears. This statement on this bill has beensubmitted for review to the legislative subcommittee of the Environmental Centerof the University of Hawaii. It does not represent an institutional position ofthe University.SB 855 would delete present prohibitions against spearing crustaceansand against the sale of turtles and fish that have been speared. We understandthat the intent of the bill is to allow the spearing of prawns and to allow thesale of fish and prawns that have been taken with spears. This intent is appro-,priate. However, the bill would do more.It would allow the spearing of lobsters, and it would remove the indirectcontrol of the spearing of turtles that is now provided by the prohibitionsagainst the sale of speared turtles.It is perhaps unnecessary for the state to extend its anti-spearingprohibitions to aquatic mammals, since these are provided under the federalmarine mammals law. However, we are unaware of any other state law that pertainsto the spearing of lobsters or turtles or the sale of speared lobsters or turtles.DLNR Fish and Game Reg. 22 relates to the spearing of lobsters, and Reg. 36regulates the taking of turtles, but the statutory base for these regulations isnot clear.We point out the the intent of SB 855 could be met by:1) retaining in Subsec. 188-25(a) the phrase "or to pursue, take or killany crustacean with a spear", but inserting "other than prawnsfollowing the word "crus tacean" in p. 10 line 7;OPPORTUNITY;0233 Page 22) retaining the present subsec. l88-25{c) but deleting from it thewords !!or fish other than sharks" in line 12 and "or fish inp. 1, 1i ne 13;3) retaining the words "or offered for sale" in subsec , Cd) in p, 1line 16.Unless statutory authority for controlling the spearing of lobsters andturtles is clearly provided in other laws, it would be unwise to amend Sec. 188-25in the manner now proposed in 58 855,

SB 855, Relating to Fishing - Statement for Senate Committee on Judiciary Public Hearing, 11 March 1977

http://scholarspace.manoa.hawaii.edu/bitstream/10125/31147/1/RL0233.pdf

SB 855, Relating to Fishing - Statement for Senate Committee on Judiciary Public Hearing, 11 March 1977

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