Hawaii : Penalties considered for killing, harming any species of shark within state marine waters.
House Bill 2380, from Rep. Nicole Lowen, would create penalties as high as $10,000 for any person who knowingly captures, harms or kills sharks and rays within state waters.
The full text of the bill is provided below. It has a hearing scheduled for today, 07. February 2014 .
I represent shark attack survivors from around the world.
We were wondering when someone was going to come up this type of law.
Often when we are fighting off a shark attached to us we do injure the shark, so with this law we will be fined for saving our life. Our rescuers may also be fined for assisting us with the fight to save our life.
Next we will be fined for feeding the shark unhealthy food, parts of our body, this could also injure the shark.
Could you please correct this to ensure those of us fighting for our life are not fined for saving our life.
Shark Attack Survivors
HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII
H.B. NO. 2380
A BILL FOR AN ACT
RELATING TO SHARK AND RAY PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that sharks and rays are extremely important to ocean ecosystems. As ocean predators towards the top of the food chain, sharks and rays keep the ecosystem balanced, regulate populations of other marine life, and ensure healthy fish stock and reefs.
Sharks and rays are more vulnerable to fishing pressures than most other fish species. They are long-lived, slow-growing, start reproducing at an advanced age, and produce relatively few offspring per year. If over-fished, these populations take a long time to recover. If the food chain is disrupted by a decline in the shark population, it affects the entire reef system. Protection for sharks and rays ultimately means healthier, more resilient oceans and reefs that are better able to withstand other pressures on the ocean ecosystem from climate change and pollution.
Sharks and rays on the reefs not only play important ecological roles but are also valued figures in Hawaiian culture and are important economically to ocean recreation industries and to tourism in Hawaii. The benefits of maintaining viable populations greatly outweigh any value that would be gained by killing these species.
The purpose of this Act is to protect these species for ecological purposes, for their value to the ocean recreation industry and to native Hawaiian cultural practices, and to establish fines and penalties for knowingly harming, killing, or capturing sharks or rays within state waters.
SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section be appropriately designated and to read as follows:
“§188- Sharks; prohibitions, penalties and fines.(a) No person shall knowingly capture, harm, or kill any species of 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:
(1) $500 for a first offense;
(2) $2,000 for a second offense; and
(3) $10,000 for a third or subsequent offense.
(c) In addition to any other penalty imposed under this section, a person violating this section shall be subject to:
(1) An administrative fine of not more than $10,000 for each shark captured, harmed, or killed in violation of this section;
(2) Seizure and forfeiture of any captured sharks, commercial marine license, vessel, and fishing equipment; and
(3) Assessment of administrative fees and costs, and attorney’s fees and costs.
(d) The criminal penalties and administrative fines and costs shall be assessed per shark captured, harmed, or killed in violation of this section.
(e) This section shall not prohibit special activity permits allowed under section 187A-6; provided that:
(1) The permit issued does not allow a take that exceeds the potential biological removal level; and
(2) The department shall adopt rules to define a “take” and determine when a take exceeds the potential biological removal level.”
SECTION 3. Section 188-39.5, Hawaii Revised Statutes, is amended by amending its title and subsections as follows:
1. By amending the title and subsection (a) to read:
“[§188-39.5] [Manta rays;] Rays; prohibitions, penalties and fines. (a) No person shall knowingly capture, harm, or kill [a manta ray] the following species of rays within state marine waters[.]: manta ray, spotted eagle ray, broad stingray, pelagic stingray, Hawaiian stingray.”
2. By amending subsections (c) and (d) to read:
“(c) In addition to any other penalty imposed under this section, a person violating this section shall be subject to:
(1) An administrative fine of not more than $10,000 for each [manta] ray captured, harmed, or killed in violation of this section;
(2) Seizure and forfeiture of any captured [manta] rays, commercial marine license, vessel, and fishing equipment; and
(3) Assessment of administrative fees and costs, and attorney’s fees and costs.
(d) The criminal penalties and administrative fines and costs shall be assessed per [manta] ray captured, harmed, or killed in violation of this section.”
SECTION 4. Section 188-70, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
“(a) Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23 [and], 188-39.5, and 188- is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than:
(1) $100 for a first offense;
(2) $200 for a second offense; and
(3) $500 for a third or subsequent offense.”
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Sharks; Rays; Poaching and Commercial Fishing Prohibited
Creates administrative penalties for any person who knowingly captures, harms, or kills sharks and rays within state marine waters.
Indian Ocean paradise island beset by shark controversy
Sharks of Reunion Island
The dangers of shark attacks are no secret for Georges, who as a kid was repeatedly warned to beware of the large predators lurking in the tropical waters off his native Reunion island, AFP reports.
That was several decades ago, and the issue since then has mushroomed in the French Indian Ocean island following several deadly shark attacks, sparking a tug of war between those who want to protect the fish and those who would like to see preventative culls.
“We always talked about sharks in the Reunion. When I was a kid, our parents were already warning us,” said Georges, who did not give his surname, as he took in the rays on a beach protected from the sea predators by a coral reef.
But the 48-year-old, who now lives in mainland France and was holidaying on the island, said the issue had become increasingly high-profile in recent years, “because the attacks have multiplied.”
Since 2011, there have been 12 shark attacks in the Reunion, of which five were deadly.
Just this year, a French honeymooner died when he was attacked by a shark as he surfed, and a teenage girl was killed while swimming just metres from the shore.
Swimmers, tourists, surfers, fishermen, politicians, authorities, activists: all have firm — and often discording — opinions on how to handle a situation that is harming the Reunion’s reputation as a paradise destination.
While none deny that shark numbers have increased, they differ on the reasons for this recent spike.
Some point to the wastewater that is discarded into the sea from ever-expanding urbanised zones, full of organic compounds that the sharks come to devour.
Others blame the 40-kilometre (25-mile) long natural marine reserve along the coast — created in 2007 — where fishing is either banned or strictly regulated.
“This reserve has become a pantry for sharks,” one surfer said.
“They settle where they know they can feed themselves.”
— Preventive culls —
And aside from the reserve, professional shark fishing in general has come to a halt.
In 1999, authorities banned the commercialisation of sharks on the island as the fish was thought to be contaminated with ciguatoxins, poisonous organic compounds that cause serious food poisoning.
Then in 2004, those who traded in shark fins — a hugely controversial delicacy in some Asian countries — were banned from fishing sharks.
Faced with the increase in the sea predators and following the deadly attacks, the prefect of the island announced a slew of measures in July, including banning swimming, surfing and bodyboarding off more than half of the coast.
He also said 90 sharks would be culled — 45 bull sharks and 45 tiger sharks — on top of the 20 already killed as part of scientific research into ciguatera, the illness caused by eating fish flesh contaminated with ciguatoxins.
But he acknowledged the cull was not only scientific but also aimed at “reducing the shark population”.
Thierry Robert, a prominent politician on the island, has called for more “preventative culls”.
But the idea has been slammed by environmentalists keen to protect sharks, some of which are seriously threatened worldwide.
Didier Derand of the Brigitte Bardot Foundation, an animal rights organisation, is challenging the existing cull in court.
He is being assisted by Sea Shepherd, the international marine wildlife conservation organisation, “because we need worldwide awareness of the organised massacre of sharks.”
According to Sea Shepherd, 100 million sharks are killed each year by sport fishermen or by those who practice shark finning, which consists of catching the fish and slicing off their fins while they are still alive.
The organisation says sharks are being depleted faster than they can reproduce, threatening the stability of marine ecosystems around the world.
Authorities in the Reunion island are also looking at other ways to protect swimmers, such as using aerial balloons equipped with surveillance cameras and alert systems when they detect movement in the water.
The island’s Saint-Paul district has opted for drum lines, devices fixed with hooks that are meant to capture sharks.
Meanwhile, surfers and bodyboarders say they refuse to be sacrificed in the name of marine conservation.
“We have to stop this worldwide lobbying that advocates the protection of sharks,” says Jean-Francois Nativel, head of the Ocean Prevention Reunion association, which works on reducing the risks of shark attacks.
“We’re in the era of Flipper the shark. We have to break the taboos… We have to bring back fishing, and put the shark back in the plates of Reunion people,” he said.
But Jean-Rene Enilorac, head of the regional fishing committee, was dubious.
“Even if there is no longer a risk of ciguatera, I’m not sure the Reunion inhabitants will eat shark again,” he said.
“Who will want to eat a fish, imagining it maybe devoured a human being?”
For more information see:http://en.tengrinews.kz
FOR IMMEDIATE RELEASE Photos Available on request
YOU SEE THEM ON SHARK WEEK – GET TO KNOW THEM IN PERSON
Some of the world’s top shark celebrities scientists, TV hosts, underwater photographers, filmmakers and conservationists are on the auction block at Bidding for Good during Discovery Channel’s Shark Week.
The aim of the auction is twofold: To spotlight individuals and organizations working effectively to protect sharks, and raise funds for field research and shark conservation programs.
Up for auction is lunch or dinner with a shark celebrity. Bid on Dr. Sylvia Earle, the most eloquent spokesperson for ocean conservation and Explorer in Residence of the National Geographic Society or Dr. Leonard Compagno, the top expert on sharks and author of the first-ever field guide to sharks: Sharks of the World’. How about dinner with Chris Fallows of ‘Air Jaws’ fame, dive legend Gary Gentile, or Armand “Zig” Zigahn, founder of Beneath the Sea, the largest consumer dive and travel show in the USA? Thousands of divers have learnd about sharks and the need for their conservation through Beneath the Sea!
Also being auctioned are Al Brenneka, founder of Shark Attack Survivors, Shark Year Magazine; scientists Dr. Neil Hammershlag, Dr. Gordon Hubbell and Dr. Jennifer Schmidt; underwater photographers Amos Nachoum and Paul Spielvogel; sculptor Victor Douieb; Jim Toomey, creator of the syndicated comic strip Sherman’s Lagoon; artists Richard Ellis and Pascal Lecocq; television hosts and Richard Weise host of ABC’sf Born to Explore, Jonathan and Christine Bird, and Donald Schultz; filmmakers Nancy McGee, Joe Romeiro, and Jeff Kurr; authors Paul Mila, Juliet Eilperin and Jessica Speart; and conservationists from the American Littoral Society, Mission Blue-Google Ocean, Ocean Geographic Society, Sea Save, Shark Whisperer, Sharks International, SharkProtect, Shark Research Institute and other fine organizations. These are just a few of the dozens of “shark celebs” to be auctioned. Each one of them has a wealth of expertise and stories to share with their highest bidder.
Although most of the ‘celebs’ are in the USA, some are in Australia, Europe, South Africa and Hong Kong.
How it works: Bid on a shark expert or celebrity that lives or works nearby, unless you are willing to drive or fly to their location. The winning bidder pays for the celebrity’s meal, and may bring guests. Shark Research Institute will introduce each winning bidder to his or her shark celebrity. The two then set a mutually convenient date, time and place to get together within 365 days of the close of the auction.
The auction starts August 9, 2013 at 9 pm EST and runs for 10 days. The auction catalog is on the Shark Research Institute’s home page at www.sharks.org, and will have a link to directly enter the auction as soon as the auction opens.
Shark Research Institute is a 501(c)(3) non-profit organization. Winning bids are deductible as charitable contributions from US Federal 2013 income taxes.
Shark Research Institute
PO Box 40, Princeton, NJ08540
Phone: 609.921.3522 Email: firstname.lastname@example.org http://www.sharks.org
Shark Attack Death Of California Navy Contractor Prompts Suspension Of Water Sports For Sailors
The July 14 shark-attack death of a California Navy contractor has prompted the Navy to suspend all water activities in the waters off Navy Support Center Facility Diego Garcia.
Diego Garcia is a coral atoll in the Indian Ocean, about 967 nautical miles south of India’s southernmost tip.
The Navy contractor has been identified as Fernando Licay, 33, a Filipino from Santa Clara, California.
Base spokesman Petty Officer 1st Class Edward Vasquez told Stars and Stripes that the shark attacked Licay in a designating swimming area roughly 25 feet from shore.
“He had extensive injuries from the attack. We are all saddened by loss of victim, and thoughts are with family and friends.”
The Philippines newspaper Sun-Star reports the attack was witnessed by several of Licay’s friends:
Licay’s companions said the shark came out of nowhere and attacked him moments after he went into the water… They saw Licay fighting for his life as his right leg was chewed by the shark. The group tried to extricate Licay from the shark’s mouth but it held on to its prey…
Licay died a few minutes after he was released by the shark due to excessive loss of blood.
Because Diego Garcia is a British Indian Ocean territory, the British government is investigating the incident alongside the U.S. Navy.
Video uploaded by CAROUPRI Rose on 15. July 2013 .
07/15/2013 – A teenage tourist ( Sarah, 15 ) was killed in a shark attack in the bay of Saint-Paul, located on the western coast of Reunion Island.