[§188-40.6]  Shark feeding; prohibitions;exceptions; penalties.  (a)  Except as provided in subsection (b), or asotherwise provided by law, it shall be unlawful for any person to conduct anyactivity related to the feeding of sharks in state marine waters.

(b)  Persons may engage in the feeding ofsharks for traditional Hawaiian cultural or religious practices; provided thatthe feeding is not part of a commercial activity.

(c)  Persons engaged in the taking of marinelife that results in captured, injured, or dead fish being incidentally eatenby sharks shall not be considered in violation of this section; provided thatthe purpose of the taking of marine life is not the feeding of sharks.

(d)  The department may issue permits to engagein activities otherwise prohibited by law, in accordance with section 187A-6,or as may be otherwise authorized by law.

(e)  As used in this section:

"Commercial activity" means to engagein any action or to attempt to engage in any action for compensation in anyform.  The action or actions may include, but are not limited to, providing, orattempting to provide, guide services, charters, tours, and transportation toand from the location or locations for which such services are provided.

"Compensation" means money, barter,trade, credit, and other instruments of value, goods, and other forms ofpayment.

"Feeding" means the introduction ofor an attempt to introduce any food or other substance into the water toattract marine life for any purpose other than to take the marine life. [L2002, c 127, §2]