§189-2  Commercial marine license.  (a) 
No person shall take marine life for commercial purposes whether the marine
life is caught or taken within or outside of the State, without first obtaining
a commercial marine license as provided in this section.



(b)  Additionally, any person providing vessel
charter services in the State for the taking of marine life in or outside of
the State shall obtain a commercial marine license.



(c)  The department may adopt rules pursuant to
chapter 91 necessary for the purpose of this section and to set fees for
commercial marine licensing.



(d)  The fees for commercial marine licenses
and duplicate commercial marine licenses shall be established by the department
by rules adopted in accordance with chapter 91.



(e)  The department shall suspend, shall refuse
to renew, reinstate, or restore, or shall deny any license issued under this
section if the department has received certification from the child support
enforcement agency pursuant to section 576D-13 that the licensee or applicant
is not in compliance with an order of support or has failed to comply with a
subpoena or warrant relating to a paternity or child support proceeding.  The
department shall issue, renew, reinstate, or restore such a license only upon
receipt of authorization from the child support enforcement agency, the office
of child support hearings, or the family court.



(f)  The department shall not renew or
reinstate, or shall deny or suspend any license or application, if the
department has received certification from an administering entity pursuant to
chapter 436C that the licensee or applicant is in default or breach of any
obligation under any student loan, student loan repayment contract, or
scholarship contract that financed the licensee's or applicant's education, or
has failed to comply with a repayment plan.



The department in receipt of a certification
pursuant to chapter 436C shall, as applicable, and without further review or
hearing:



(1)  Suspend the license;



(2)  Deny the application or request for renewal of
the license; or



(3)  Deny the request for reinstatement of the
license,



and unless otherwise provided by law, shall renew,
reinstate, or grant the license only upon receipt of an authorization from the
administering entity. [L 1929, c 187, §2; RL 1935, §331; RL 1945, §1257; am L
1947, c 39, §2; am L 1949, c 272, §2; am L 1955, c 96, §3; RL 1955, §21-111; am
L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-2; am L 1977, c 128, §2;
am L 1981, c 85, §79; am L 1985, c 242, §2; am L 1988, c 117, §3; am L 1998, c
83, §1; am L 1999, c 9, §1; am L 2002, c 86, §6; am L 2003, c 133, §4]



 



Attorney General Opinions



 



  Public disclosure of commercial marine licenses not
permitted, but disclosure of some information allowed.  Att. Gen. Op. 85-23.