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Home My WebLink AboutCOM 1145.141 2012-2014Margaret Wille Council Member District 9 - North and South Kohala Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 HAWAII COUNTY COUNCIL County of Hawai `i Holomua Center 64-1067 Mamalahoa Highway, Suite C-5 Waimea, Hawai'i 96743 TO: Dru Mamo Kanuha, Council Chair and Members of the Hawaii County Council FROM: Margaret Wille, Council Member DATE: February 17, 2015 Phone No. Hilo: (808) 961-8027 Phone No. Waimea: (808) 887-2043 Fax No.: (808) 887-2072 E -Mail: mwille@co.hawaii.hi.us West Hawaii Civic Center Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i,96740 SUBJECT: Proposed Amendment to Bill No. 318; Relating to Treatment of Aquarium Life Please find attached a proposed amendment to Bill No. 318. The amendment would amend SECTION 3 of the bill that adds a new section to chapter 4, article 4 of the Hawaii County Code 1983, (2005 Edition, as amended). My proposed changes to this section are ramseyered and shown in bold font as follows: "SECTION 3. Chapter 4, article 4 of the Hawaii County Code 1983 (2005 Edition as amended), is amended by adding a new section to be appropriately designated and to read as follows: "Section 4-_. Treatment of aquarium life to be sold for aquarium use. (a) As used in this section, unless the context clearly requires otherwise: "Aquarium life" means any type of saltwater fish, mollusk, crustacean, arthropod, invertebrate, or other animal harvested for aquarium use from Hawai`i's marine environment. "Aquarium use" means to hold aquarium life alive in a state of captivity as pets, or for public exhibition or display, or for sale for these purposes. "Sell" means to transfer, prescribe, give, or deliver to another, or to leave, barter, or exchange with another, or to agree to do the same to another for consideration. Comm. No. S loll Ref. To: P W w s c Serving the Interests of the People of Our Island Ref. Date Hawaii County Is An Equal Opportunity Provider And Employer February 17, 2015 Page 2 of 5 (b) Any person who sells aquarium life for aquarium use is prohibited from treating aquarium life in an inhumane manner. For the purposes of this section, inhumane treatment of aquarium life includes[: aquarium(1) intentionally OF knowingly withholding food from aquarium life for more than twenty four- houf-s-,- (2) Transporting or- eausing to be transported within the County aquarium life in less than one gallon of water per eneh 1;£... „th intent to move the aquarium life outsi of the County; o (3' intentionally,] intentionally, knowingly, recklessly, or negligently [earrying or- eausing to be ear-r-ied in or- upon an), vehiele or- other- eonveyanee aquarium life within the Cou-n-ty r that ; likely to result in the injury or death of the aquarium .] handling aquarium life within the County in a manner that is likely to result in the injury or death to aquarium life in excess of a 1 per cent mortality rate. (c) This section shall not apply: (1) To any person exercising those rights customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupua`a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, as protected by article XII, section 7, of the Hawaii State Constitution; (2) To any government or nonprofit agency that specializes in the holding of aquarium life in a state of captivity within the County for education or scientific study, provided that the educational activity or scientific study shall not involve the sale of aquarium life; or (3) To any person possessing aquarium life for the purpose of transit through any port or airport within the County, provided that the aquarium life remains within the boundaries of the airport or port at all times while in the County. (d) Any person convicted of a violation of this section shall be guilty of a petty misdemeanor and shall be subject to a fine of not more than $1,000, or imprisoned [o€] for not more than thirty days, or both. (e) Nothing in this section shall be construed to prohibit lawful fishing, including the lawful harvesting of aquatic life to be used for bait for fishing, for human consumption, or for sale for human consumption." A version of the bill that incorporates the proposed amendment is attached. In this attached version, proposed changes to the existing language of chapter 4 are ramseyered. Thank you. M W/dh Att. February 17, 2015 Page 3 of 5 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 1, SECTION 4-1 AND ADDING A NEW SECTION TO ARTICLE 4 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO TREATMENT OF AQUARIUM LIFE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. Findings. The Council finds that numerous factors including prolonged starvation, keeping aquarium life in less than one gallon of water for transport purposes, and carrying aquarium life in certain manners cause stress to aquarium life and contribute to their mortality rate. Therefore, to reduce mortalities and improve the welfare of aquarium life held within Hawaii County to be sold as pets, the Council acknowledges and affirms the need to prohibit certain practices that increase stress and contribute to mortality. Accordingly, to ensure the improved welfare of aquarium life held within Hawaii County to be sold as pets and to prevent cutting short the normal lifespan of aquatic life, the Council must prohibit prolonged starvation, require a minimum water volume for transport purposes, and prohibit carrying or causing aquarium life to be carried in a manner that is likely to result in injury or death to the aquarium life. SECTION 2. Chapter 4, article 1, section 4-1 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending the definition of "animals" to read as follows: ""Animals," unless provided otherwise, include but are not limited to those animals that are customary and usual pets such as dogs, cats, rabbits, birds, honeybees, and other beasts which are maintained on the premises of a dwelling unit and kept by the resident of a dwelling unit solely for personal enjoyment and companionship, such as, without limitation, for a hobby, for legal sporting activities and for guarding of property; animals exclude aviary game birds [mak] as defined in the Hawaii Revised Statutes. Animal shall further mean any "animal," "farm animal," or "poultry" as those terms are defined in [seer] this section." SECTION 3. Chapter 4, article 4 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be appropriately designated and to read as follows: "Section 4- . Treatment of aquarium life to be sold for aquarium use. (a) As used in this section, unless the context clearly requires otherwise: February 17, 2015 Page 4 of 5 "Aquarium life" means any type of saltwater fish, mollusk, crustacean, arthropod, invertebrate, or other animal harvested for aquarium use from Hawai`i's marine environment. "Aquarium use" means to hold aquarium life alive in a state of captivity pets, or for public exhibition or display, or for sale for these purposes. "Sell" means to transfer, prescribe, give, or deliver to another, or to leave, barter, or exchange with another, or to agree to do the same to another for consideration. (b) Any person who sells aquarium life for aquarium use is prohibited from treating aquarium life in an inhumane manner. For the purposes of this section, inhumane treatment of aquarium life includes intentionally, knowingly, recklessly, or negligently handling aquarium life within the County in a manner that is likely to result in the injury or death to aquarium life in excess of a 1 per cent mortality rate. (c) This section shall not apply: (1) To any person exercising those rights customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupua`a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, as protected by article XII, section 7, of the Hawaii State Constitution; (2) To any government or nonprofit agency that specializes in the holding of aquarium life in a state of captivity within the County for education or scientific study, provided that the educational activity or scientific study shall not involve the sale of aquarium life; or (3) To any person possessing aquarium life for the purpose of transit through any port or airport within the County, provided that the aquarium life remains within the boundaries of the airport or port at all times while in the County. (d) Any person convicted of a violation of this section shall be guilty of a petty misdemeanor and shall be subject to a fine of not more than $1,000, or imprisoned for not more than thirty days, or both. (e) Nothing in this section shall be construed to prohibit lawful fishing, including the lawful harvesting of aquatic life to be used for bait for fishing, for human consumption, or for sale for human consumption." SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. February 17, 2015 Page 5 of 5 SECTION 5. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. This ordinance shall take effect upon its approval.