The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-02-21

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90. 600 1 0 900 rah &c.
..fI H f. WIf Ding .r.nfH ono f1
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s.e Nfv ~ anr r,r.oH Ffan. Do ylo-
bottom "f fh.. Hril.'". tri. 0ui 10 srlHan
I|r f.h protected hr tfr kInr'a taboo.
Dr Dr. any person shall. within the free
f.H.rH ..HH.rs. take amy % The protect
Do f.1 without delivering to thn agent
Hnuu'f'u1 far that purpose the proportion
Ir0rI.Hr.fo che foyHi sxchoquor. hc shall
.n conviction. forfeit nil n.h found in h's
pol. sion. ana ahan. in addition. nav
'.rfod fnr 200 1sh ihue taken. or no may
DO uuf boz corNn,mtnt no the discretion
uf tha court c0ndemning him.
Do 'sn under thp heading Of MA. ci0us
Ir'Hr..s ana misHhiffa" the I'd afrH. .ua
r.u ua. uiurnr pr imuairIng the u.eful-
nos. or value of ans Nah net" etc.. and
tHa quitting 81 aulunu or other suI-
efHr'g la''t'Ti1us Co fish into any lake,
HH.. stream, uU reservoir for the pur-
pose of Destroying the FISH," were made
Dr.. rod. W,aunrs.
As .t was found 30 Dee difficult matter
'u collect the government share. and
tho -hnr agents were depressing the
u.'D.a. IL was decided IN the following
F.t i' give 90 the people the free use
u. Oh" government fisheries.
An Nat granting TO the people m. RIGHTS
OF facary now belonging 10 the gov,
uu"ut:
whereas The Gsh belonging to the gov
'ruM,nt are productive OF little revenue
ana whereas the piscary rights of the
government as managed by the fishing
agents are source Of trouhl. and OPP
preston to the people; therefore.
BE Il enacted by the house Of mobiles
and representatives of the Hawaiian Isl
auds In legislative council assembled:
Section J. That thirty days from and
after the publication OF this act I'm the
lilele ana Polynesian newspapers all fish
belonging to or especially set apart for
the government shall belong 90 and be
the common property Of all the people
equally, excepting that the two-thirds
mentioned IN section S. number Z. article
IF, chapter &. part J. Of the act to organ
.fs the eN cutlyg departments" shan not
HO oyao'od Of tho kouOhili: and I'm all
cd .os where the kguuhid shall set apart
t.r Kind Of fish only, as per section 1
D. said law, such fish shall belong to the
HanonE exclusively ANA without Gayia-
sion or moderation.
SEQ. q. An fishing grounds pertaining
'' any government land. ur othorw ise
Dr. longing 30 the government excepting
only ponds. shall Doc, and are hereby. for
over granted 10 the people for free and
equal ue" of aII persons. Provided how.
ever. That for the protection Of such fish
grounds the mini ter of the interior
may taboo The taking Of fish thereon at
rfaiu seasons OF the year.
Soc. .. Tho minister Of the interior
-. give public notice I'M tho Flcla and
'plyn"flau newspapers Of any such ia
boo Imposed 10y him. together with the
Etmr Of such fish, and no such taboo
all be I'm force until due notice has
'Den given. Any person who shall be
found guilty OF violating such taboo,
upon complaint before any district jus
tee. shall he punished by a fine not eX-
coed NC 49, in the discretion of the court,
and restore all fish taken, or the value
thereof.
Sc. T. No person living without the
Kingdom shall take any fish within the
harhors, streams, reefs, or other waters
them for sale or otherwise to any place
without the Kingdom.
Sec. 3. Every person violating the pro-
visions OF the preceding section may be
punished. upon complaint made to any
district justice, by a fine not exceeding
900 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 :. The minister of the interior Is
hereby charged with the execution Of
this act.
Approved by the King July H. 1851
Although the government had given the
people free access to the fisheries at
tachcd 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:
Whereas certain persons to whom gov
Crnment 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
uniusly 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 Luhce grounds. the Malolo
grounds. and the fishing of the ocean
from the reefs seaward; 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-
sentauyes OF the Hawaiian Islands in
Legislative Council assembled:
Section /. That no person who has
bought or who may hereafter buy any
government 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 10 said land.
The fish in said fishing ground shall be-
long to all persons alike, and may be
taken NJ any time, subject only to the
tahoos Of the minister Of the interior.
Sec . If that Spacips of fish which