RES 130 Draft 01 2010-2012 - Laserfiche WebLink

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offspring thereof; or freshwater or marine plants, including seeds, roots, products, and other parts thereof. "Department" means the department of land and natural resources of the State of Hawai`i. "Sell" means to transfer, prescribe, give, or deliver to another, to leave, barter, or exchange with another, or to offer or agree to do the same to another for consideration. "Take" or "taken" means definitely to or attempting to fish, catch, capture, confine, or harvest aquatic life. (b) It shall be unlawful for any person at any time to knowingly or intentionally sell or offer to sell, for aquarium purposes, aquatic life taken from any of the waters within the jurisdiction of the State. (c) This section shall not apply to a person exercising a customary and traditional right for subsistence, cultural, or religious purposes, subject to the right of the State to regulate that right, including native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the State pursuant to article XI, section 7 of the Hawai`i State Constitution. (d) This section shall not apply to the taking of aquatic life for human consumption or for sale for human consumption, including the use of bait. (e) This section shall not prohibit special activity permits allowed under section 187A -6; provided that the permit issued is for the bona fide purpose of scientific research or in an aquarium operated for benefit of public education; (f) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor, and: (1) For a first offense, shall be fined not more than $1,000 or thirty days imprisonment, or both; 2