Title 12, Conservation And Resources

§187A-12 University of Hawaii may use land, etc. The University of Hawaii shall have the privilege, free of charge, of using the land, buildings, apparatus, and appliances of the department for the purposes of a biological laboratory and for research and investigation in connecti…

[§187A-12.4 Misrepresentation or false statement in receipts and reports.] Any person who knowingly misrepresents any material fact or makes a false statement in any document required by subtitle 5 of title 12, or any rule adopted thereunder, shall be guilty of a petty misdemeano…

§187A-12.5 General administrative penalties. (a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover admin…

§187A-13 General penalty; community service. (a) Any person violating this chapter or any rule adopted thereunder for which a penalty is not otherwise provided, shall be guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than: (b) A fin…

§187A-14 Informer's fee. One-half of the fine imposed and collected in all cases wherein the defendant has been convicted for a violation of subtitle 5 of title 12 or any rule adopted thereunder shall be paid to the person giving the information leading to the arrest of the perso…

§187A-15 Rights of inspection of catch. Any agent of the department upon whom the board has conferred powers of police officers or any other enforcement officer of the State shall have the authority to conduct examinations and searches of: if such agent or officer has probable ca…

§187A-2 Powers and duties of department. The department shall:

PART II. FISHING RIGHTS §187A-21 Public fishing grounds. Except as otherwise provided by law, all fishing grounds appertaining to any government land or otherwise belonging to the government, except ponds, shall be and are forever granted to the people, for the free and equal use…

§187A-22 Use of adjoining lands. No person who has bought any government land, or obtains the land by lease or other title, has or shall have greater right than any other person over any fishing ground not included in the title, although adjacent to the land. [L 1985, c 94, pt of…

§187A-23 Konohiki rights. (a) The fishing grounds from the reefs, and where there happens to be no reefs, from the distance of one geographical mile seaward of the beach at low watermark, in law, shall be considered the private fishery of the konohiki, whose lands by ancient regu…

[§187A-3.5] Aquaculturist license and license to sell prohibited aquatic life. (a) Notwithstanding the provisions in subtitle 5 of title 12, or administrative rules adopted thereunder, the department may issue to any qualified aquaculturist a license to fish, possess, rear, and s…

[PART III.] ALIEN AQUATIC ORGANISMS [§187A-31] Definitions. For the purposes of this part, "high risk vessel" includes fishing and recreational vessels and floating structures, such as barges, dry docks, drilling rigs, and cranes, which have spent extended periods of time tied up…

[§187A-32] Alien aquatic organisms; lead agency; rules. (a) The department is designated as the lead state agency for preventing the introduction and carrying out the destruction of alien aquatic organisms through the regulation of ballast water discharges and hull fouling organi…

§187A-4 Administrator. The board shall appoint an administrator of aquatic resources who shall have charge, direction, and control of all matters relating to aquatic resources management, conservation, and development activities under this title, and such other matters as the boa…

PART IV. Aquatic mitigation banking and aquatic in-lieu fee mitigation §187A-41 Aquatic mitigation banking and aquatic in-lieu fee mitigation. The department may establish and operate aquatic mitigation banks and aquatic in-lieu fee mitigation programs for the purpose of restorin…

[§187A-42] Rules. The department may adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L 2016, c 211, pt of §2]

§187A-5 Rules. (a) Subject to chapter 91, the department shall adopt, amend, and repeal rules for and concerning the protection and propagation of introduced and transplanted aquatic life or the conservation and allocation of the natural supply of aquatic life in any area. The ru…

[§187A-5.5] Consistency of state and federal fisheries regulations. (a) The department shall adopt administrative rules pursuant to chapter 91 for fisheries located in both state and federal waters, that are equivalent to and consistent with federal fisheries regulations for the …

[PART V.] OCEAN STEWARDSHIP [§187A-51] Ocean stewardship special fund. [Section repealed on January 1, 2031. L 2024, c 214, §2.] (a) There is established in the treasury of the State the ocean stewardship special fund to be administered by the department. (b) The following shall …

§187A-52 Ocean stewardship user fee. (a) All persons required to obtain a permit from the department to engage in commercial activity pursuant to sections 200-4, 200-10, 200-24, and 200-37, or any rules adopted thereunder, shall collect an ocean stewardship user fee from each pas…

§187A-6 Special activity permits. (a) Notwithstanding the provisions of any other law, the department may take aquatic life or possess or use any fishing gear for scientific, educational, management, or propagation purposes, for removal of aquatic species, or for implementing the…

§187A-6.5 Release and confiscation of harmful aquatic life. (a) No person shall release any live non-native fish or other live non-native aquatic life being held in an aquarium or other confinement for scientific study, exhibition, display, sale, or for any other purpose, into an…

§187A-7 Expenditures. (a) The department may expend all appropriations made for the purpose of effectuating the objects of title 12. (b) To further the purposes of title 12, the department may: (c) All expenditures by the department shall be approved and certified by the board. […

§187A-8 Cooperation with other governmental authorities. The department shall endeavor to secure the cooperation and assistance of and shall cooperate with the appropriate agency of the United States or other governmental authorities having an interest in the subject matter of ti…

§187A-9 Federal aid in sport fish restoration. The State hereby assents to the provisions of the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act (64 Stat. 430, 16 U.S.C. §777), as amended. The department shall perform those acts as may be necessary to th…

§187A-9.5 Sport fish special fund. (a) There is established in the department a sport fish special fund. (b) The following proceeds shall be retained by or transmitted to the department for deposit into the sport fish special fund: (c) Expenditures from the sport fish special fun…