[§188-40.8] Sharks; mano; prohibitions; exceptions; penalties and fines. (a) Except as provided in subsection (f), or as otherwise provided by law, no person shall intentionally or knowingly capture or entangle any shark, whether alive or dead, or kill any shark, within state marine waters.
(b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor; provided that the fine for violating this section shall be:
(c) A person convicted of violating this section may be sentenced to pay a civil fine not exceeding $10,000 per offense.
(d) In addition to any other penalty imposed under this section, a person violating this section shall be subject to:
(e) The criminal penalties and administrative fines, fees, and costs shall be assessed per shark captured or entangled, whether dead or alive, or killed in violation of this section.
(f) This section shall not apply to:
(g) Nothing in this section shall be construed to restrict the exercise of traditional and customary rights protected pursuant to article XII, section 7, of the Hawaii State Constitution.
(h) The department of land and natural resources may adopt rules pursuant to chapter 91 to implement this section for purposes including but not limited to:
(i) The department of land and natural resources may issue a non-commercial permit for the take of sharks, subject to permit conditions that shall include native Hawaiian cultural protocol, size and species restrictions, and a prohibition on species listed as endangered or threatened pursuant to section 195D-4.
(j) For the purposes of this section, "shark" means any species of shark within the subclass Elasmobranchii. [L 2021, c 51, §2]