The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-18


accrulng TO the royal exchequer he shall
on conviction, forfeit all fish found in hi
possession and shall, in addition, pa,
nVefold Tor all fish thus taken, or he may
De put IN confinement, at the discretion
OF the court condemning him.
In 1850, under the heading of 'sMaliciou,
injuries and mischiefs,' the destroying
cutting lnJuring or impairing the useful
ness or value of any fish net etc. anc
the putting of auhuhu or other sub
stance deleterious to fish into any lake
pond, stream, or reservoir for the Dur.
pose OF destroying the fish," were made
misdemeanors
As 1t was found to be difficult matter
to collect the governments share, and
the nshing agents Were depressing the
people, 1t was decided in the following
act TO give to the people the free use
of the government fisheries
An Act granting TO the people the rights
/ OF plscary now belonging to the gov,
eminent:
Whereas the fish belonging to the gov
ernment are productive of little revenue
and whereas the piscary rights of the
government as managed by the fishing
agents are a source of trouble and OPP
preston TO the people; therefore,
Be it enacted by the house of mobiles
and representatives of the Hawaiian ISL
ands in legislative council assembled:
! Section l. That. thirty days from and
after the publication of this act in the
Eiele and Polynesian newspapers all fish
belonging to or especially set apart for
the government shall belong to and be
the common property of all the people
equally; excepting that the two-thirds
mentioned in section s, number 4 article
b, chapter O. part l, of the Act to organ
lie the executive departments" shall not
be exacted of the konohiki; and in all
cases where the konohiki shall set apart
one kind of fish only, as per section 4
, of said law, such fish shall belong to the
konohiki exclusively and without devia-
ton or molestation
Sec. 2. All fishing grounds pertaining
to any government land, otherwise
I belonging to the government. excepting
only ponds, shall be, and are hereby, for
ever granted to the people for free and
equal use of all persons; Provided how
ever, That for the protection of such fish,
ing grounds the minister of the interior
may taboo the taking of fish thereon at
certain seasons of the year.
Sec. g. The minister of the interior
shall give public notice in the Elele and
Polynesian newspapers of any such ia
boo imposed by him, together with the
name of such fish, and no such taboo
shall be in force until due notice has
been given. Any person who shall be
found guilty of violating such taboo.
upon complaint before any district JUS
tee, shall be punished by a fine not ex-
ceeding SIS, in the discretion of the court,
and restore all fish taken or the value
thereof
Sec. 4. No person living without the
Kingdom shall take any fish within the
harbors, streams, reefs, or other waters
of the same for the purpose of carrying
them for sale or otherwise to any place
without the Kingdom.
F.. Sec. >. Every person violating the pro-
visions of the preceding section may be
punished. upon complaint made to any
district justice, by fine not exceeding
$500 in the discretion of the court.
Sec. 6. All acts or parts of acts, re-
solves or parts of resolves, contrary TO
the provisions of this act shall be, and
the same are hereby, repealed.
Sec Z. The minister of the interior Is
hereby charged with the execution of
this act.
Approved by the King July II, 1851.
Although the government had given the
people free access to the fisheries at
tached to its lands. many persons who
had purchased or leased land from the
government after this had been done at
tempted to assert exclusive rights to the
fisheries adjacent to the lands, and re-
fused the fishermen the rights they had
previously enjoyed. In order to redress
this grievance the following law was en-
acted in 1851
An Act to protect the people in certain
fishing grounds:
w
eminent lands have been sold have as
sumed exclusive rights OF fishing in the
sea adjacent to said land, without the
justification of law; and whereas the
people in numerous instances have been
deprived of their rights to the
fish on the grounds long since made free
to them by law, namely, on the fishing
grounds commonly known as the Kilohee
grounds, the Luhee grounds, the Malolo
grounds. and the fishing of the ocean
from the reefs seward; and whereas the
present law affords no sufficient protec-
ton to the people in those rights; there-
fore,
Be it enacted by the mobiles and repre-
sentatives of the Hawaiian Islands in
Legislative Council assembled:
Section 1. That no person who has
bought or who may hereafter buy any
land, or obtain land by lease
of other title from any party. has or
shall have any greater right than any
other person resident in this Kingdom
over any fishing ground not included in
his title. although adjacent to said land.
The fish in said fishing ground shall be-
lorg to all persons alike, and may be
taken at any time, subject only to the
taboos of the minister of the interior.
Sec. q If that species of fSh Whlch
has been tabooed by any konohiki shall
go onto. the grounds which have been
or may be given to the people, such hsh
shall not be tabooed them. 1t shall only
be tabooed when caught within bounds
of the konohki's private fishery. Nor
shall it be lawful for a konohfk to Ia
boo more than one kind of fish upon any
fishing grounds which lie adjacent to
each other.
Sec. g. Every konohiki or other person
who shall wilfuIly deprive another of his
legal rights to fish on any fishing ground
which now is or may become free to the
use of the people, or who shall w!lfuliy
exact from another any portion of the
fish caught on any public fishing ground,
or who shall wilfully exact of another
for the use of any private fishery a
greater amount of fish than by law ne IS
entitled to receive as his share, and any
tenant or other person who shall wiltuily
deprive any konohiki of his fishing rights
by appropriating to himself the tabooed
fish of said konohiki. or otherwise, shall
be punished by a fine not exceeding 500
for every such ofense. in the discretion
of the court. and in default OF the pay
Of cold he a hard