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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 />01 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 person <br />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 />al 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 annual <br />report on the effectiveness and enforcement of this section to the legislature no <br />later than twenty days prior to the convening of each regular 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. <br />(a) 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) 1 W <br />[ Except as prohibited by law, the ] The permits shall be issued only to <br />persons who can satisfy the department that they possess facilities to and can <br />maintain fish and other aquatic life alive and in reasonable health and who can <br />satisfy the department that the methods of capture, husbandry, and <br />