SECTION 1. The legislature finds that the Hawaii State Constitution establishes clear fiduciary duties with respect to Hawaii's natural resources, which are held and maintained in trust on behalf of the people of the State. In order to explore methods to better fulfill these public trust duties and responsibilities, the legislature established the West Hawaii regional fishery management area in 1998. The West Hawaii regional fishery management area is differentiated from other nearshore marine managed areas by the statutory authority of the department of land and natural resources to regulate fisheries in West Hawaii specifically, with the guidance and advice of the West Hawaii Fisheries Council.

The legislature also finds that the West Hawaii regional fishery management area has proven to be a moderate and notable success, particularly in fulfilling its purposes of improving the sustainability of West Hawaii's nearshore fisheries, reducing user conflicts, and providing important opportunities for scientific research and monitoring. However, the legislature further finds that this success continues to be threatened by the difficulties of resource monitoring and of ensuring compliance with West Hawaii regulations. For example, reported poaching activities in West Hawaii's fish replenishment areas indicate that ongoing illegal actions and adverse impacts to fisheries ecosystems and their sustainability pose an increasing threat of user conflicts and potentially confound scientific research and monitoring projects.

In addition, the lack of reliable data regarding fishing pressure and extraction levels in West Hawaii generally further undermines the State's capacity to monitor and enhance West Hawaii's nearshore fishery resources. Unfortunately, the limited availability of aquatic resources enforcement personnel, and the higher standard of probable cause, instead of reasonable suspicion, applied by the statute to their inspection authority, prevents the department from effectively monitoring compliance with resource regulations to ensure the continued success of the West Hawaii regional fishery management area.

Accordingly, the legislature finds that probable cause requirements render criminal investigation and enforcement an inappropriate and insufficient tool for resource compliance monitoring within the West Hawaii regional fishery management area. The legislature also finds that the State has an important constitutional interest in conserving and managing the State's aquatic resources. Given the necessity of adequate inspection authority to effectively monitor fishery activities, and the lowered expectation of privacy for permitted or licensed extraction activities relating to the aquatic resources of the State, the legislature further finds that an administrative inspection scheme allowing inspections subject only to constitutional limitations is necessary to fulfill the State's constitutional duties.

The purpose of this Act is to provide enhanced tools to better ensure compliance and monitoring of aquatic resource direct extraction activities within West Hawaii by establishing administrative inspection authority for vessels and catch containers of permitted fishers within the waters of West Hawaii and the premises of any wholesale outlet selling aquatic resources.

SECTION 2. Chapter 188F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§188F- Administrative inspection of commercial fishers and wholesalers within the West Hawaii regional fishery management area. (a) Subject to subsection (b), any agent of the department upon whom the board has conferred police powers, or who has otherwise been authorized to conduct administrative inspections, may conduct examinations and inspections of:

(1) The commercial license, permit, or registration issued to any individual, pursuant to subtitle 5 of title 12 or any rule adopted thereunder, if the officer reasonably believes the individual is engaged in conduct governed by this chapter;

(2) The contents of any bag or container of any kind that the agent reasonably believes may be used to carry aquatic life harvested pursuant to a commercial license, permit, or registration required under subtitle 5 of title 12 or any rule adopted thereunder;

(3) Any area of a vessel or vehicle that the officer reasonably believes may be used to transport aquatic life harvested in the West Hawaii regional fishery management area pursuant to a commercial license, permit, or registration required under subtitle 5 of title 12 or any rule adopted thereunder; or

(4) The premises, containers, fishing equipment, marine animals, and records required by the department of any shipping agent or other person placing or attempting to place aquatic resources into interstate or intrastate commerce if the officer reasonably believes those items relate to activities conducted in the West Hawaii regional fishery management area. Officers may inspect the records required by the department of any wholesale outlet selling aquatic resources for compliance with the terms of their commercial license;

provided that authority granted under this section shall not extend to quarters in a boat, building, or other property used exclusively as a private domicile and shall not extend to transitory residences in which a person has a reasonable expectation of privacy. The authority to inspect for activities related to the West Hawaii regional fishery management area under this chapter is separate and in addition to any inspection rights or obligations under sections 187A-15 and 189-14 or other state or federal law.

(b) Any item, article, natural resource, or other evidence, when obtained through an administrative inspection pursuant to subsection (a) that occurs without probable cause of a violation of law, shall not be used as evidence in any criminal proceeding and may only be used to pursue authorized civil penalties, including any authorized monetary fines under section 187A-12.5, natural resources�related community service, or asset forfeiture as may be authorized by the department under this chapter to enforce regulations in the West Hawaii regional fishery management area.

(c) Prior consent to administrative inspection by a duly authorized agent of the department while within the West Hawaii regional fishery management area shall be a condition of any commercial license, permit, or registration issued pursuant to subtitle 5 of title 12 or any rule adopted thereunder. While within the West Hawaii regional fishery management area and engaged in activities authorized pursuant to the commercial license, permit, or registration, no person shall refuse to allow any duly authorized agent of the department to conduct an examination and inspection described in subsection (a) for purposes of determining compliance with the terms of the commercial license, permit, or registration.

(d) While within the West Hawaii regional fisheries management area, any individual to whom a commercial license, permit, or registration has been issued, pursuant to subtitle 5 of title 12 or any rule adopted thereunder, shall physically possess the license, permit, or registration at all times when engaged in fishing activities conducted pursuant to the license, permit, or registration; and shall not permit any other person to carry, display, or use the license, permit, or registration in any manner unless otherwise authorized by the department.

(e) Any individual licensed, permitted, or registered, pursuant to subtitle 5 of title 12 or any rule adopted thereunder, who engages in fishing activities within the West Hawaii regional fishery management area upon demand shall:

(1) Produce the required license, permit, or registration for inspection;

(2) Produce for inspection the marine life, bag, or other closed container that the officer reasonably believes could be used to take or transport aquatic resources for which a license, permit, or registration is required; and

(3) Allow inspection pursuant to this section.

(f) Any individual who refuses to allow the inspection or produce the requested items or documents shall have their license, permit, or registration immediately suspended and may be subject to board revocation of the license, permit, or registration."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	483
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII