Title 12, Conservation And Resources

[§188-22.5] State marine waters. As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial …

[§188-22.6] Designation of community-based subsistence fishing area. (a) The department of land and natural resources may designate community-based subsistence fishing areas and carry out fishery management strategies for such areas, through administrative rules adopted pursuant …

[§188-22.7] Miloli`i fisheries management area. The Miloli`i fisheries management area, as defined in the administrative rules of the department of land and natural resources, shall be designated a community-based subsistence fishing area, as provided in section 188-22.6. The dep…

[§188-22.8] Limu management area. (a) There is established a limu management area from the shoreline and extending one hundred fifty feet seaward in Ewa beach from the gunnery range to the boat ramp on Muumuu street. (b) No person, including a person with a commercial fishing lic…

[§188-22.9] Ha`ena community-based subsistence fishing area; restrictions; regulations. (a) There is designated the Ha`ena community-based subsistence fishing area on the northwestern coast of Kauai, which shall consist of all state waters and submerged lands bounded by: (b) In a…

§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 appu…

[§188-23.5] Possession or use of unmanned aerial vehicles on, in, or near state marine waters prohibited; exception. (a) It is unlawful to possess or use on, in, or near state marine waters, any unmanned aerial vehicles, for the purpose of taking aquatic life, except under the te…

§188-31 Permits to take aquatic life for aquarium purposes. (a) Except as prohibited by law, the department, upon receipt of a written application, may issue an aquarium fish permit, not longer than one year in duration, to use fine meshed traps, or fine meshed nets other than th…

[§188-31.5] Aquarium fish for export; monthly count. The department of land and natural resources shall adopt rules in accordance with chapter 91 to monitor the aquarium fish catch report and fish dealer's report for export of aquarium fish taken from the waters of the State for …

§188-34 Fishing in Honolulu harbor, Hilo harbor, restricted. (a) It is unlawful to take or kill fish by means of any draw, drag, or seine net in the waters of the harbor of Honolulu; provided that commercial marine licensees as defined in chapter 187A may take bait fish by means …

§188-35 Fishing in certain waters. (a) Except as otherwise provided in this section, it is unlawful for any person to fish in or take aquatic life from the waters: (b) With reference to any of the places or areas named above, any person may, subject to applicable laws and rules, …

§188-36 Hawaii marine laboratory refuge. It is unlawful for any person within the Hawaii marine laboratory refuge to take any aquatic life. Nothing in this section shall apply to any officer, faculty member, employee, or student of the University of Hawaii or licensee of the boar…

§188-37 Fishing in the Northwestern Hawaiian Islands. (a) The department of land and natural resources may adopt rules relating to the taking of marine life in the Northwestern Hawaiian Islands, where, in the judgment of the department the action will not deplete the stocks of ma…

§188-39.5 Rays; hīhīmanu; 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 …

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

[§188-40.7] Shark fins; prohibited. (a) It shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute shark fins. (b) Notwithstanding subsection (a), any person who holds a license or permit issued by the department of land and natural resources to co…

[§188-40.8] Sharks; mano; prohibitions; exceptions; penalties and fines. (a) Except as provided in subsection (f), or as otherwise provided by law, no person shall intentionally or knowingly capture or entangle any shark, whether alive or dead, or kill any shark, within state mar…

[§188-42.5] Hihiwai, hapawai, and opae kala`ole selling prohibited. It shall be unlawful for any person at any time to sell or offer for sale any hihiwai, hapawai, and opae kala`ole taken from any of the waters within the jurisdiction of the State. [L 1993, c 48, §1]

§188-43 Hinana and oopu, taking of, prohibited. It is unlawful for any person to fish for, or attempt to take any of the fish known as hinana or oopu, by means of traps or weirs. [L 1937, c 41, §§1, 2; RL 1945, §1235; RL 1955, §21-76; HRS §188-43; am L 1981, c 85, §50]

§188-44 Licenses for mullet. (a) The department may issue a license to any owner or operator of a fishpond to lawfully catch the young mullet known as pua during the closed season, for the purpose of stocking the owner's or operator's pond, and lawfully sell pond raised mullet du…

§188-45 Licenses for nehu, iao, and other baitfish. The department may issue to commercial marine licensees, as defined in chapter 187A, licenses to take nehu, iao, or any other species for use as bait only. The department may adopt rules pursuant to chapter 91 for the purposes o…

§188-50 License; application; fees; restrictions. (a) It is unlawful for any person, except children below nine years of age, to fish, take, or catch any introduced freshwater game fish without first obtaining a license. Children exempt by this section may fish, provided they are…

§188-53 Fishing reserves, refuges, and public fishing areas. (a) For the purposes of managing, preserving, protecting, conserving, and propagating introduced freshwater fishes, and other freshwater or marine life, the department of land and natural resources may establish, mainta…

§188-57 Licenses for certain crustaceans. (a) Any commercial marine dealer may sell, or any hotel, restaurant, or other public eating house may serve, during the closed season, Kona crabs or lobsters lawfully caught during the open season by first procuring a license to do so. (b…

§188-68 Permits for coral and rock with marine life attached. The department may issue permits, as authorized by this section, section 187A-6, chapter 183C, or under rules adopted pursuant to chapter 91 necessary for collecting live stony corals or marine life visibly attached to…

§188-70 Penalties. (a) Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23, 188-39.5, and 188-40.8, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined no less than: (b) A fine in addition…

[§188-71] Harassment of fishermen; prohibition. (a) No person shall intentionally prevent or attempt to prevent the lawful taking of fish by a person licensed pursuant to section 188-50 by: (b) No person shall enter or remain upon public lands or waters, or upon private lands or …

[§188-72] Nonresident recreational marine fishing license; application; fees; restrictions. (a) It shall be unlawful for any nonresident of the State who has attained the age of fifteen, except members of the armed forces of the United States on active duty in the State and their…