HAR §13-74-44. License to sell reared species

(a) The department may issue to any person a license to possess, sell, or offer for sale any aquatic life whose possession or sale is prohibited by a closed season, minimum size, or bag limit; provided that the aquatic life was reared in a licensed aquaculture facility. (b) The licensee shall keep a receipt issued by the licensed aquaculture facility when receiving or buying the regulated aquatic life. (c) The licensee shall issue a receipt to the person to whom the regulated aquatic life is sold or transferred. The receipt shall be a written record of the transaction and shall include: (1) The transaction date; (2) The names and addresses of the licensee, the person issuing the receipt, and the person to whom the receipt is issued, except that the name and address of the person to whom the receipt is issued are not required if the transaction is with a person that will not resell the regulated aquatic life; (3) The name, weight, number or other appropriate measure of quantity, and value of all regulated aquatic life involved in the transaction; and (4) Any other information the department may require. (d) The licensee shall keep on file and be able to present for inspection upon demand of any officer §13-74-44 74-22 authorized to enforce the laws of the State, a copy of all receipts for not less than twenty-four months after the transaction date or until the regulated aquatic life is no longer in the licensee's possession, whichever is longer. The department may approve the use of documents other than the receipts as written records of the transaction. (e) A separate license shall be obtained for each market outlet that sells or offers for sale the regulated aquatic life, even if the same person owns or operates several outlets. The license shall be kept at the market outlet for immediate inspection upon demand of any officer authorized to enforce the laws of the State. (f) The department may require submittal of monthly reports, pursuant to the purposes of this section. (g) For the purposes of this section: "Licensed aquaculture facility" means any aquaculture facility licensed pursuant to section 13- 74-43. "Regulated aquatic life" means any aquatic life or live rock whose fishing for, possession, or sale is prohibited by a closed season, minimum size, or bag limit as specified in subtitle 5 of title 12 or administrative rules. (h) The fee for the license $200. The license is valid for not longer than two years, and the duplicate license fee is $10. [Eff 8/8/96; am 5/22/00; comp 8/27/21; am and comp 5/2/24] (Auth: HRS §§187A- 3.5, 187A-5) (Imp: HRS §§187A- 3.5, 187A-5)