HAR §13-74-2. General license and permit conditions

Except as otherwise provided: (1) All licenses and permits issued pursuant to this chapter are non-refundable and non- transferable and are valid for not longer than one year from the date of issuance. A duplicate license or permit may be issued upon affidavit that the original has been lost or destroyed, and upon payment of a duplicate license fee; provided that the duplicate license or permit shall expire on the same date as when the original license or permit would have expired; (2) A licensee or permittee shall show the license or permit and confirming identification upon the demand of any officer authorized to enforce the fishing laws of the State. No person shall refuse any such officer the examination of the license or permit and confirming identification, or inspection of any bag or container of any kind that could reasonably be used to carry any aquatic life or any vehicle or conveyance used to transport any aquatic life if such officer reasonably believes that the person is, or recently has been, engaged in fishing activities. Failure or refusal to show the license or permit and confirming identification or examination and search of any bag, container, vehicle, or conveyance is prima facie evidence of a violation of this chapter and sufficient cause for the immediate revocation of the license or permit by the department; (3) No licensee or permittee shall allow any other person to carry, display, or use the license or permit, except if the license or §13-74-2 74-6 permit is issued for a vessel; (4) The department or its agents may issue licenses and permits as authorized by law, and with such conditions necessary to manage, protect, and conserve aquatic life; (5) Should a monthly report be required by any license or permit, such report shall be rendered to the department as a true and correct statement of such information the department may require, on or before the tenth day of the following month in which the aquatic resources were taken or purchased, except for the Kona crab and lobster closed season sales license issued pursuant to section 13-74-41 whose report shall be rendered five days after the end of each of the closed season months on forms either furnished by, or approved by the department; (6) Should a trip report be required as a condition of any license or permit, the report shall be timely submitted to the department as a true and correct statement of such information the department may require, on or before the fifth day following the last day of each trip in which aquatic life was landed. A trip report includes such information but is not limited to: start and end dates of the trip, locations fished, hours spent fishing at each location; numbers, kinds and weights of aquatic life caught, released, or lost to predators; and (7) Any information submitted to the department as required under this section or chapters 187A, 188, and 189, HRS, is confidential and shall not be disclosed, except when required under court order or by the state attorney general's office subpoena, or with the prior written consent of the person submitting the information, or under cooperative agreements with United States government agencies for §13-74-2 74-7 the exchange and use of the information specifically to manage aquatic resources. The department may establish procedures to preserve the confidentiality of submitted information, except that the department may release or make public information in the aggregate or summary form that does not directly or indirectly disclose the identity of any person who submits information. [Eff 8/12/93; am 1/15/99; am 10/18/10; comp 8/27/21; am and comp 5/2/24] (Auth: HRS §§187A-5, 187A-5.5, 188-44, 188-45, 188-50, 188-53, 188-57, 189-2, 189-3, 189-3.5, 189-6, 189-10) (Imp: HRS §§187A-2, 187A-5, 187A- 12.4, 187A-15, 188-44, 188-45, 188-50, 188- 53, 188-57, 189-2, 189-3, 189-3.5, 189-6, 189-10) §13-74-3 Suspension, revocation, and non-issuance of licenses and permits, generally. Except as may be otherwise provided, the department may: (1) Suspend any and all licenses and permits issued pursuant to this chapter when such action is necessary for the protection and conservation of the aquatic life; (2) Revoke any license or permit issued pursuant to this chapter for any infraction of the terms and conditions of the license or permit and any person whose license or permit was revoked shall not be eligible to be issued another license or permit until the expiration of one year from the date of revocation, unless another time period is specified; (3) In any proceeding for the revocation of any license or permit issued pursuant to this chapter, the licensee or permittee shall be given notice and opportunity for hearing in conformity with chapter 91, HRS. Upon revoking the license or permit, the §13-74-3 74-8 department may specify a period of time during which the licensee or permittee shall not be eligible to be issued another license; provided that the period shall not exceed one year from the date of revocation; and (4) Refuse to issue any license or permit to a person who is not legally admitted to the United States, who does not provide proper identification, who has unresolved violations of any license or permit issued pursuant to this chapter, or for other just cause. Should the department refuse to issue any license or permit, the department shall give the person notice and an opportunity for hearing in accordance with chapter 91, HRS. [Eff 8/12/93; am 1/15/99; comp 8/27/21; am and comp 5/2/24] (Auth: HRS §§187A-5, 188-44, 188-45, 188-50, 188-53, 189-2, 189- 5, 189-6) (Imp: HRS §§187A-5, 188-44, 188- 45, 188-50, 188-53, 189-2, 189-3, 189-5, 189- 6)