Gov. David Ige Thursday signed Senate Bill 2453 authorizing alternative sentencing for aquatic violations. The new law provides clear legal authority to judges, allowing them to more effectively tailor sentences when aquatics statutes are violated. The bill covers most regulations
Gov. David Ige Thursday signed Senate Bill 2453 authorizing alternative sentencing for aquatic violations. The new law provides clear legal authority to judges, allowing them to more effectively tailor sentences when aquatics statutes are violated. The bill covers most regulations under the jurisdiction of the Department of Land and Natural Resources Division of Aquatic Resources, including most fisheries violations.
Judges will still be able to impose jail time or fine defendants. Now they’ll also be able to sentence offenders to an educational course or resource-specific community service work, according to the DLNR.
Alternative sentencing authority was one of the key priorities of the Hawaii State Judiciary’s Environmental Court Working Group, which made recommendations prior to the establishment of Hawaii’s Environmental Court in 2015. The court is the first of its type in the nation. It provides a dedicated forum for resource violations, with presiding judges who are specially trained in the nuances of resource law and the cumulative effect of seemingly innocuous resource violations.
“From the DLNR perspective, we’re thrilled that Gov. Ige signed this bill into law,” said DLNR Chairperson Suzanne Case said during the signing. “It provides us with an opportunity to educate and rehabilitate resource law violators, and in doing so, encourage pono approaches to extractive use of Hawaii’s natural resources.”
Under the state’s regulatory scheme, boaters and hunters must take an educational course before obtaining licenses. Because Hawaii doesn’t require a recreational fishing license, there is no such requirement for fishers.
The bill also creates an opportunity for violators to restore the resources they’ve harmed, as it provides for resource-specific community service opportunities when cases are heard in Hawaii’s Environmental Court. For example, if a person is convicted for poaching amaama (mullet) out of season, they can work restoring a fish pond, cleaning the beaches, or engaging in some other activity that gives back to the resource.
