Hawaii § 188-39.5 - Rays; h īh īmanu; hāhālua; hailepo; lupe; prohibitions, penalties, and fines.
Full text of Hawaii Hawaii Revised Statutes § 188-39.5 — Rays; h īh īmanu; hāhālua; hailepo; lupe; prohibitions, penalties, and fines., with citation guidance and answers to common questions.
§ 188-39.5. Rays; h īh īmanu; hāhālua; hailepo; lupe; prohibitions, penalties, and fines.
(a) Except as provided in subsection (e), no person shall knowingly capture, take, possess, abuse, or entangle a ray, whether alive or dead, or kill any ray, within state marine waters. (b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor and shall be fined: (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 ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section; (2) Seizure and forfeiture of any captured 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 ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section. (e) This section shall not apply to special activity permits allowed under section 187A-6 or research permits authorized by law; provided that the permit issued does not allow a take that exceeds the potential biological removal level; and provided further that the department shall adopt rules pursuant to chapter 91 to define a "take" and determine when a take exceeds the potential biological removal level. (f) 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 state constitution. (g) For the purposes of this section, "ray" means any species of ray within the subclass elasmobranchii. [L 2009, c 92, §2; am L 2019, c 252, §1] Previous Vol03_Ch0121-0200D Next
Source: official Hawaii text · Last verified 2026-08-27
Frequently Asked Questions About Hawaii § 188-39.5
What does Hawaii Revised Statutes § 188-39.5 cover?
Section 188-39.5 ("Rays; h īh īmanu; hāhālua; hailepo; lupe; prohibitions, penalties, and fines.") is part of the Hawaii Revised Statutes, the codified statutory law of Hawaii. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Hawaii § 188-39.5?
A common citation format is "Hawaii Revised Statutes § 188-39.5" (Hawaii). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Hawaii law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Hawaii official source linked on this page or consult a licensed Hawaii attorney.
How does Hawaii § 188-39.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Hawaii can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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