Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2022 | Updated by FindLaw Staff
(a) Except as provided in subsection (e), no person shall knowingly capture, take, possess, abuse, or entangle a ray, whether alive or dead, or kill any 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 ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section;
(2) Seizure and forfeiture of any captured 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 ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section.
(e) This section shall not apply to special activity permits allowed under section 187A-6 or research permits authorized by law; 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 pursuant to chapter 91 to define a “take” and determine when a take exceeds the potential biological removal level.
(f) 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 state constitution.
(g) For the purposes of this section, “ray” means any species of ray within the subclass elasmobranchii.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 188-39.5 - last updated January 01, 2022 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-188-39-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)