Title 12, Conservation And Resources

[§189-1.5] 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 s…

§189-10 Commercial marine dealers. (a) The department may require a license of any commercial marine dealer to sell or offer for sale, to purchase or attempt to purchase, to exchange, or to act as an agent in the transfer of, any marine life taken within the jurisdiction of the S…

§189-11 Receipts in duplicate. Every commercial marine dealer shall issue receipts to the person from whom marine life is obtained and shall provide the following information in the receipt: Any dealer taking the dealer's own marine life or handling any marine life taken by comme…

§189-14 Rights of entry, penalties. The department may board any vessel, whether commercial or non-commercial, capable of being used in taking marine life, or enter any place of business where marine life is sold, stored, processed, cooked, canned, or cured, for purposes of inves…

[§189-15] Authority. The department of land and natural resources may promulgate and enforce rules concerning the use of fish aggregation devices deployed under the Statewide Fish Aggregating System. The rules may include provisions that prohibit attaching, mooring, or tying any …

§189-2 Commercial marine license and commercial marine vessel 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 s…

§189-2.4 Commercial fisheries special fund. (a) There is established in the treasury of the State a special fund to be known as the commercial fisheries special fund which shall be administered by the department. (b) The following revenues shall be deposited into the commercial f…

[§189-2.5] Longline fishing; description; prohibition. (a) For the purpose of this section, longline fishing means fishing conducted with gear consisting of at least one mainline over one nautical mile in length, to which is attached a number of branchlines with baited hooks and …

PART II. LARGE FISHING VESSEL PURCHASE, CONSTRUCTION, RENOVATION, MAINTENANCE, AND REPAIR LOAN PROGRAM §189-21 Definitions. As used in this part: "Department" means the department of business, economic development, and tourism. "Director" means the director of business, economic …

§189-22 Hawaii large fishing vessel purchase, construction, renovation, maintenance, and repair loan program. There is hereby created the Hawaii large fishing vessel purchase, construction, renovation, maintenance, and repair loan program which shall be administered by the direct…

§189-24 Functions, powers, and duties of director. In the performance of, and with respect to, the functions, powers, and duties vested in the director by this part, the director shall:

§189-25 Loans, terms, and restrictions. The department may make loans to individuals or businesses for the financing of the purchase, construction, renovation, maintenance, or repair of vessels. The loans may be made in conjunction with loans made by other financial institutions …

§189-26 Reports. The department shall make an annual report for the period ending December 31 to the governor, the president of the senate, and the speaker of the house of representatives, on the progress made under this part. The report shall be submitted not later than February…

§189-3 Monthly catch report. (a) Upon the demand of the department, every commercial marine licensee shall furnish to the department a report or reports with respect to the marine life taken and any other information the department may require for the purposes of this section. (b…

[§189-3.5] Catch report; shared jurisdiction of fisheries. (a) Where there is a shared jurisdiction between the state and federal government over a fishery, the department shall adopt rules necessary to effectuate the federal requirements. (b) Any information submitted to the dep…

§189-4 Penalties. (a) Any person violating any of the provisions of this chapter for which a penalty is not otherwise provided, or any rule of the department adopted thereunder, shall be guilty of a petty misdemeanor and punishable as provided in subsection (b); provided that in …

PART IV. HAWAII SMALL FISHING VESSEL LOAN PROGRAM §189-41 Findings and purpose. The purpose of this part is to insure the continued orderly development of Hawaii's small commercial fishing vessel fleet by providing financial assistance for the maintenance and repair of small comm…

§189-42 Definitions. As used in this part: "Department" means the department of business, economic development, and tourism. "Director" means the director of business, economic development, and tourism. "National Marine Fisheries Service" means Financial Assistance Division, Nati…

§189-44 Functions, powers, and duties of the director. In performance of, and with respect to, the functions, powers, and duties vested in the director by this part, the director shall:

§189-45 Loans, terms, and restrictions. The department may make loans to individuals or businesses for the financing of expenses incurred in the purchase, construction, renovation, maintenance, and repair of small fishing vessels. The loans may be made in conjunction with loans m…

§189-46 Reports. The department shall make a report for the period ending December 31 of each year to the governor, the president of the senate, and the speaker of the house of representatives, on the progress made under this part. The report shall be submitted not later than Feb…

§189-5 Aliens not admitted to United States. It is unlawful for any person who has not been lawfully admitted to the United States to engage in taking marine life for commercial purposes in the waters of the State. The term "United States" as used in this section, includes the se…

§189-6 Licenses for marine life from waters not within state jurisdiction. Any other provision of law to the contrary notwithstanding, wherever the possession or sale of marine life or products within the State is prohibited as for instance by a closed season, the prohibition sha…