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(2) For a second offense within five years of a previous violation, shall <br />be fined not more than $2,000 or sixty days imprisonment, or both; <br />and <br />(3) For a third or subsequent violation within five years of a previous <br />violation, shall be fined not more than $3,000 or ninety days <br />imprisonment, or both. <br />(g) In addition to any other penalty imposed under this section, a <br />person violating this section shall be subject to: <br />(1) An administrative fine of not more than $1,000 for each aquatic life <br />specimen sold; <br />(2) Seizure and forfeiture of any taken aquatic life specimens, <br />commercial marine license, vessel, and equipment; and <br />(3) Assessment of administrative fees and costs, and attorney's fees and <br />costs. <br />(h) The division of aquatic resources of the department shall submit an <br />annual report on the effectiveness and enforcement of this section to the <br />legislature no later than twenty days prior to the convening of each regular <br />session." <br />SECTION 2. Section 188 -31 Hawai`i Revised Statutes, is amended to <br />read as follows: <br />" §188 -31 Permits to take aquatic life for aquarium purposes. (a) <br />Except as prohibited by law, the department, upon receipt of a written <br />application, may issue an aquarium fish permit, not longer than one year in <br />duration, to take aquatic life and to use fine meshed traps, or fine meshed nets <br />other than throw nets, for the taking of marine or freshwater nongame fish and <br />other aquatic life for aquarium purposes. <br />(b) No person shall take aquatic life for aquarium purposes or use fine <br />meshed traps or fine meshed nets other than throw nets to take marine or <br />3 <br />