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

ands. The people shall not be molesteC
in the enjoyment hereof except as herein
after provided.
/ Sec. II. The fishing grounds from the
reefs, and where there happen to be nc
reefs from the distance of one geograph
ical mile seaward to the beach at low
water mark, shall in like manner be con
sidered private property of the landlords
whose lands by ancient regulation be-
/ long to the same; in the possession OF
which private fisheries the said landlords
shall not be molested except TO the ex-
tent of the reservations and prohibitions
hereinafter set forth.
Sec. III. The landlords shall be consid-
cred in like manner to hold said private
fisheries for the equal use of themselves
and of the tenants on their respective
lands; and the tenants shall be at liberty
to use the fisheries of their Landlords,
subject to the restrictions in this article
imposed.
Sec. ". The landlords shall have pow
er each year to set apart for themselves
one given species or variety of fish nat
ural to their respective fisheries, and
give public notice by viva voce procIama-
ton 10 their tenants and others residing
on their lands, and signifying to the MIN
iSter of the interior, in writing through
his agents in their districts, the kind and
description of fish which they have chos-
B
lords shall respectively pay for such no
LITIGATION the fees prescribed by the third
part of this act; and ii shall be the duty
of the minister of the interior yearly TO
furnish the director of the government
press with the list of said landlords. the
districts and islands of their residence,
and the kind of fish specially set apart
by each in the form of catalogue, which
catalogue the said director shall cause to
be once inserted in Hawaiian and Eng
lish languages, in the PolyneSian news
paper, for public information, at the ex-
pense of said minister, to be included by
him according to a fixed rate in the ices
TO be received at his department. from
the respective landlords.
Sec. V. The specific fish so set apart
shall be exclusively for the use OF the
landlord if caught within the bounds of
his fishery, and neither his tenants nor
others shall be at liberty to appropriate
such reserved fish to their private use;
but when caught such reserved fish shall
be the property of the landlord for which
he shall be at liberty to use and recover
the value from any fisherman appropriate
ing the same; and, moreover, if he take
one fish criminally he shall pay five, and
in that proportion shall pay the full
amount of what he may have taken
wrongfully. Whoever may have taken
fish in violation of this law, without pay
offense.
Sec. VI The landlords shall not have
power to lay any taxes or to impose any
other restrictions upon their tenants re-
garding the private fisheries than is in
the preceding section prescribed, neither
shall such further restrictions be valid
Sec. VII. 1t shall be competent to the
landlords, on consultation with the ten
ants of their lands. in lieu of setting
apart some peculiar fish to their exclusive
use as hereinbefore allowed to prohibit
during certain indicated months of the
year all fishing of every description upon
their fisheries: and during the fishing
season to exact of each fisherman among
their tenants one-third part of all the fish
taken upon their private fishing grounds.
In every case it shall be incumbent on
the landlords to comply in like manner
with the requirements of the fourth sec
ton of this article
Sec. VIII. The royal fish shall apper-
tain to the Hawaiian Government and
shall be the following, viz:
First. The bonito when off any part
of the coast of Lanai.
Second. The albicore of Hawaii
Third. the mullet of Huleia, Anahola
and Hanalei: the squid and freshwater
fish of Kauai.
Fourth. The shoal fish at the following
places noted for the abundance of fish
them: Off Oahu: l kalia;"
?, keehi; 3. kapapa;4, malaeakuli, and 5,
pahihi.
Fifth Off Molokai: l. punalau; 2, ooia:
3. hawai-; a. koholanui; 5. kaonini 6, aiko-
olua; Z, waiokama, and s. heleiki.
Sixth. And off Maui, the kuleSu of Ho-
nuaula; and the same whenever found
off said island
Seventh. All the following transient
fish, viz: 1, the kule; 2, the anaeholo:
B. the alalauwa; 4. the uhukai; 5, the ka
welea; 6, the kawakawa; 7. the kalaku.
These shall be divided equally between
the King and fishermen. But on all the
prohibited fishing grounds the landlords
shall be entitled to one species of fish
and those who have walled fish ponds /
shall be allowed to scoop up small fish
10 replenish their ponds. If the prohibit .
ed fish of the landlord be mingled with
the royal fish, then the landlord shall be
entitled to one-third of the whole of the
ish taken, though this applies only to
Molokai, Oahu and the reefs of Kauai. .
All which shall be yearly protected by
the kings taboo, to be imposed by the
minister of the interior by means of cir
'uiar from his department as prescribed
n the act to organize the executive min
stry; and during the specified season of
taboo they shall not be subject 10 he
aiken by the people
Sec. TX. At the expiration of the ia
300 seasons all persons inhabiting these
Stands shall be at liberty to take the
fish, accounting to the fishery
agents of the respective districts off
which the same shall have been caught
'or the half portion so taken; and the
minister of the interior shall make
Known, through his agents by viva voce
proclamation, the respective months or
seasons of the year during which the
said royal fisheries may be used and the
said protected fish taken.
Sec. Y. The minister of the interior
shall appoint suitable and proper fishing
agents in the several coast districts of
he respective islands to superintend the
fisheries aforesaid, TO whom he shall
rom time to time give directions through
he respective governors in regard to the
sale or other disposition of the share of
ish accruing to the government.
Sec. XI. II shall be the duty of the
agents appointed to exact and receive of
III fishermen for the use of the royal
sxchequer during the legalized fishing
seasons the one-half part or portion of