Title 12, Conservation And Resources

§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…

[§188C-1] Governor's power to execute compact. The governor may execute a compact on behalf of the State to cooperate in the Pacific States Marine Fisheries Commission. [L 2024, c 216, pt of §2]

[§188C-2] Compact. The form and contents of the compact must be substantially as provided in this section, and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this chapter: PACIFIC MARINE FISHERIES COMPACT The contracting st…

[§188C-3] Hawaii representatives. In furtherance of the compact provisions, there are three members of the commission from the State of Hawaii--the chairperson of the board of land and natural resources serving in an ex officio capacity, and two commissioners who are representati…

[§188C-4] Terms of commissioners. (a) The term of the commissioner serving in an ex officio capacity shall be the term of the commissioner's appointment as the chairperson of the board of land and natural resources. The ex officio commissioner holds office until a successor is ap…

[§188F-1] Definitions. As used in this chapter, unless the context requires otherwise: "Department" means the department of land and natural resources. "Management area" means the West Hawaii regional fishery management area established in section 188F-2. "Plan" means the West Ha…

[§188F-2] West Hawaii regional fishery management area; establishment. The department of land and natural resources shall establish the West Hawaii regional fishery management area to improve the management of consumptive and nonconsumptive uses of aquatic resources encompassing …

[§188F-3] West Hawaii regional fishery management area; purpose. The purpose of the West Hawaii regional fishery management area shall be to:

[§188F-4] West Hawaii regional fishery management area plan. The department shall develop a West Hawaii regional fishery management area plan that identifies and designates appropriate areas of the management area as follows:

[§188F-5] Review. A review of the effectiveness of the West Hawaii regional fishery management area plan shall be conducted every five years by the department of land and natural resources, in cooperation with the University of Hawaii. The department shall submit a report of its …

[§188F-6] Rules. The department shall adopt rules to effectuate the purposes of this chapter in accordance with chapter 91. [L 1998, c 306, pt of §2]

[§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…