§188-23 Possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited; exception. (a) It is unlawful to possess or use on, in, or near state waters, any explosives, electrofishing devices, or any source of electrical energy with appurtenant devices for the introduction of electricity into the water, for the purpose of taking aquatic life, except under the terms and conditions of a permit first obtained by the user from the department. The department may issue permits for the possession or use of electrofishing devices consistent with other legal requirements.
(b) It is unlawful to deposit in, permit to pass into, or place where it can pass into the state waters for the purpose of taking aquatic life any of the following:
The department may issue permits to allow the possession or use of stated amounts of these substances poisonous to aquatic life if the department deems the amount in possession is for legitimate purposes or in quantities too small to harm aquatic life.
The possession or use of these substances without a permit by any person on, in, or near the water where aquatic life can be taken, or aboard any fishing vessel or boat is prima facie evidence of a violation of this section.
The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.
Nothing in this section shall be held or construed to be an amendment of the rules of the department of transportation. [L 1888, c 30, §1; RL 1925, §761; am L 1925, c 41, §2; RL 1935, §366; RL 1945, §1221; RL 1955, §21-54; HRS §188-23; am L 1981, c 85, §33; am L 1982, c 147, §9; am L 2002, c 96, §2]