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


Sec SSe- No person residing without
the kingdom shall take any fish within
the harbors, streams, reefs, or other wa
ters of the same for the purpose of car
ryins them for sale, or otherwise. to any
place without the kingdom. under penal
" OF fine not exceeding 500, in the dis
erection of the court
Sec. 3S7 The fishing grounds from the
reefs, and where there happen to be no
reefs. from the distance of one geograph-
zeal mile seaward to the beach at low
water mark, shall, in law, be considered
the private property of the konohikis,
whose lands, by ancient regulation. be
long TO the same; in the possession of
which private fisheries the said konohikis
shall not be molested except to the ex-
tent of the reservations and prohibitions
hereinafter set forth
Sec. SSS. The konohkis shall be con-
sidered IN law to hold said private fish
cries for the equal use of themselves and
the tenants on their respective lands, and
the tenants shall be at liberty 10 use the
fisheries of their konohikis, subject to
the restrictions imposed by law.
Sec. $3.50. The konohikis shall have pow
er each year to set apart for themselves
one given species or variety of fish nat
ural to their respective fisheries, giving
public notice by viva voce proclamation.
and by al least three written or printed
notices posted in conspicuous places on
the land, to their tenants and others re-
siding on their lands signifyine, the kind
and description of fish which they have
chosen to be set apart for themselves.
Sec. 800. The specific fish so set apart
shall be excluded for the use of the kono-
hiki if caught within the bounds of his
fishery, and neither his tenants nor 9TH
erS 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 konohki for which
he shall be at liberty to sue and recover
the value from any person appropriadns
i the same.
Sec. 391. The konohikis shall not have
power to lay any tax or to impose any
other restriction upon their tenants, re-
garding the private fisheries than is
hereinbefore prescribed. nor shall any
such further restriction be valid
Sec 1872. 1t shall be competent to the
konohikis, on consultation with the ten
ants of their lands, in lieu of setting
apart same particular fish to their ex-
elusive use as hereinbefore allowed, to
prohibit during certain months of the
year all fishing upon their fisheries. and
during the fishing season to exact Of
each fisherman among the tenants one
third part of all the fish taken upon
their private fishing grounds. In every
such case it shall be incumbent on the
konohikis to give the notice prescribed
in section $50.
DOuRnI,
or who may hereafter buy, any govern
ment land. or obtain lease or other title
from any party, has or shall have any
greater right than any other person res
ident in this kingdom over any fishing
ground not included in his title, although
adjacent to said land.
Sec. 1874 If that species of fish which
has been tabooed by any konohiki shall
go on to the grounds which have been
or may be given to the people, such fish
shall not be tabooed thereon. 1t shall be
tabooed only when caught within the
bounds of the konohiki's private fishery.
Nor shall it be lawful for konohiki to
taboo more than one kind of fish upon
any fishing grounds which lie adjacent to
each other.
Sec. 1885, Every konohiki or other per-
son who shall wilfully deprive another
of any of his legal rights to fish on any
fishing ground which now is, or may be-
come, free to the use of the people, or
who shall wilfully exact from another
cry portion of the fish caught on any
public fishing ground, or who shall will
fully exact of another, for the use of any
private fishery, a greater amount of fish
than by law he is entitled to receive as
his share, and any tenant or other person
who shall Wilfully deprive any koNohiki
of his fishing rights, by appropriating
to himself the tabooed fish of said koEo-
hiki or otherwise, shall be punished by
offense, in the discretion of the court,
and in default OF the payment of such
fine be imprisoned at hard labor not ex-
ccedine three molths.
Sec. 1896. The several district justices
shall have power t. try AID punish all
preceding section committed in their re-
spective districts.
For some years TIE use of giant pow
der in the fisheries was permitted. Ow-
ing to ignorance or carelessnesS in hand !
ling this dangerous explosive such
large number of persons had lost their
lives or been MANNED that in 1872 the
following law foroidding its use was
passed:
An Act to prevent the use of explosive
substances in taking fish:
Be it enacted by the King and the 1egis-
lative assembly of the Hawaiian ISL
ands in the legislature of the Kingdom
assembled:
Section l. No person shall use giant
powder or any other explosive substance
in taking fish within or upon any har-
bors, streams, reefs or waters within
the jurisdiction of this Kingdom.
Sec. 2. Whoever violates the provisions !
of the preceding section shall be punish /
ed by a fine not exceeding $500 and not
less than $25 or by Imprisonment at hard
labor not exceeding five years and not
less than three months, or both at the !
discretion of the court.
Sec. 3. The several district justices and ]
police courts shall have concurrent juris- (
diction in all cases under this act
In 1888 this law was amended as fol- /
lows:
Section l. That section l Of an act en-
titled AN act to prevent the use of ex- |
plosive substances in taking fish," APP !
proved June 8, a. d. 1872, be, and the |
same is hereby amended by adding to !
said section the following words:
The possession by fishermen, fish ven
ders. or persons in the habit of fishing, /
of fish killed by giant powder or other /
explosive substance shall be prima facie /
evidence that the person in whose pos /
session such fish were found used giant |
powder or some other explosive sub /
stance in taking such fish, contrary to /
the provisions of this act"
Sec. 2. That section 2 Of said act be- /
and the same is hereby, amended so as /
to read as follows:
whoever violates the provisions Of this !
act shall be punished by a fine not ex-