The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-16
ABOUT THE FISHERIES
COOPER'S REPORT AND HUMPH-
REYS' DECISION.
Ruling of the Court Anticipated in
Acting Governors Report-Legisla-
ton That Was Recommended,

The position taken in the ruling of
Judge Humphreys in the fishing rights
cases was largely anticipated in the
annual report of Secretary Cooper, as
Acting Governor, to the Secretary Of
the Interior. Cooper discussed the
fisheries at some length, and had the
following regarding the status of the
rights and the need of legislation to
meet the new conditions
The status of private fishing rights
is not quite certain. The organic act
repealed all Hawaiian laws which con-
ferred exclusive rights upon private
persons, and declared all fisheries in
the sea waters to be free to all citizens
of the United States, subject, however,
to vested rights. A number of the
most valuable fishing rights were con-
veyed to individuals as appurtenanCes
to land. This class seems clearly to
come within the term vested rights
The remainder of the fishing rights
were conferred by statute and it may
well be argued that such rights, having
been created by the law making power,
are subject to be extinguished by the
repeal of the law. If this view is
sound, Congress having repealed the
laws, there are now no exclusive rights
except such as may have been granted
/
to remain valid only for a period of
three years, unless the person claiming
the same shall institute proceedings in
the circuit court of the Territory with
in two years from the date of the or
I ganic act to have them established. In
| such case the attorney general of the
Territory may proceed to condemn the
| same as provided by law for condemn
! ing private property for public use. AS
| fish has always been the staple article
of food among the Hawaiians, the use
of the fishing grounds has been Jea-
! lousy guarded. JudiCious rules were
established regulating the taking of
fish. The spawning season was reject
ed, and the catching of immature fish
was generally forbidden. Restrictions
as to size of mesh of the nets to be
used by tenants have been Incorporate
ed in leases of recent years. Under
present conditions, however, some
speedy action must be taken to pre-
vent the wanton destruction of the
food fishes of the Territory.
In former years the fishing was
done almost exclusively by Hawaiians.
! The great majority of the fishermen
are now japanese, and to their method
of fishing is chargeable the very mark
ed diminuton OF the fish supply By
| fishing in the shallow waters with nets
! of small meshes many of the young
! fry are destroyed. Their faVOrite way
of fishing is to have net from 600 to
l, 900 feet in length, with a mesh not
exceeding a half inch and in the center
a large bag or trap lined with mos
quito netting, and with boat at either
end they sweep the bays and inlets,
taking everything in reach of the net,
even to the smallest fish but few
! do old
rapid destruction of the fish supply,
vet bill introduced in the last legis-
lature to limit the size of mesh to not
less than 1 inch failed to receive any
considera ton further than first read
ing. The objection to the bill was that
it would prohibit the catching of sew
eral small varieties of small fish of
which the HaWaiians are very fond.
In retaining this privilege the destruc-
ton of a large number of the more i'm
portant fish is made certain. Any law
to be effectual must be aimed at the
net or trap, for it is most difficult to
! secure conviction for having fish of IL
legal size in possession. There is now
q law against catching mullet and ava
less than 4 inches in length, yet while
it is evident that this law is being con-
stantly violated, no successful prosecu-
tons have been had but if it were
made illegal to have net of small
er mesh than specified in the law, lille
gal fishing could be stopped. The in
vestigations recently conducted under
the auspices of the Fish Commission
er are expected to result in much ben
eft to our fisheries. l recommend that
special agent of the Fish Commits
sion be located in the Territory and
that proper restrictive measures be
put in force at an early date"