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

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i.rlIU. forever rIaui.u fo thc people.
..r fue ifro ana equal uHr OF au persons.
Provided. hnHrttr tfHt for the prutro-
u.n ar such nshirr grounds the minis.
.r uf OBJ. Interior may taboo the taking
o' tHh thereon at certain seasons OF the
year
s.c @t The minister of tho Interior
shall rItc public notice Of any such Ia
boo Imposed hy him. and no such taboo
tNnll ID DO force until such notice has
Deem given. Every per on who hail VIC
lIt' such taboo shah ha punished by "a
tra not oNccoding $40. and the value OF
tle fish taken.
snr 3,f. $50 person residing without
'no kingdom shall take any fsh within
iH' hhrhors, streams, reefs. or other wa.
tNlnr thDm for sale or othe wise. TO any
r.n,c without the kingdom. under penal.
&" ~ finc not exceeding $500 in the dis
erection Of the court
Sec. a>5 The fishing grounds from the
reefs and whore there happen to be no
rref. from the distance of one ecograph-
Teal mile seward to the beach at low
water mark, shall, in law be considered
the private property Of the konohikis
/. hs l.,
long TO the same; I'm the possession of
which private fisheries the said konohikls
shall not be molestod except to the ex.
tnnt OF the reservations and prohibitions
hereinafter set forth.
Sec 3NS. The konohliis shall be con-
silorcd 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 he ~ liberty to use the
fisheries Of their konohikis, subject 10
the restrictions imposed nv law.
Sec $50 The konohil5is shall have pow
er each year to set apart for themselves
one given species or variety OF fish nat
ural 20 their respective fisheries, giving
public notice by viva voce proclamation
and 10y at least three written or printed
notices posted I'm conspicuous places ON
the land. to their tenants and others re-
siding on their lands. sign'fyng the kind
ana description OF II h which they have
chosen 20 ho Get apart FOR themselves
Sec. 800 Tho specific fish so set apart
han he excluded for the use of the kono-
hN.i n caught within the bounds of his
l'sHr'N, ana neither his tenants nor 9th
.r- shall be AZ liberty to appropriate such
r".n~ved FISH to their private use; but
when caught such reserved fish shall he
IN" nroro ~ Of the konohld, for which
N" shall be at liberty to sue and recover
me value from any person appropridtine
tho same.
Soc. 51l. The kouohiSs shall not have
'."er 10 lay any tax or to impose any
''h-r re- friction upon their tenants re-
Eardlug the private fisheries, than is
h"reinhcforc prescribed, nor shall any
such further restriction be valid.
Eoc. 800. II shall he competent to the
Nonohikis, on consultation with the ten.
ants Of their lands. in lien of setting
apart same particular fish to their ex-
elusive use as hereinhefore allowed, to
prohibit during certain months of the
wear 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
konohilSis to give the notice prescribed
in section $50.
Sec. 1893. No person who has bought
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
ldent in this kingdom over any fishing
ground not included IN his title, although
adjacent to said land.
See. 39i If that species of fish which
has been tahooed by any konohik 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
/ t1hOnp1 b.>
bounds Of the konohikis private fishery
Nor shall it be lawful for n konohiki to
taboo more than one kind of fish upon
any fishing grounds which lie adjacent to
each other.
Sec. 395. 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
|lN 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, greater amount of fish
than by law he IS entitled to receive a.
MS share, and any tenant or other nerson
who shall wllfully deprive any koNohikl
OF his fishing rights, by approprittins
to himself the tabooed fish of said KoEo-
hiki, or otherwise, shall be punished by
fine not exceeding 500 for every such
oHensc, In the discretion of the court,
and IN default Of the payment OF such
fine be imprisoned at hard labor not ex-
CCed'np three moaths.
Sec. 1896. The several district justices
shall have power II try AMI punish all
ofenses against the provisions of the last
preceding section committed in their re-
spective districts.
For some years the Use of giant pow
der In the fisheries was permitted. Ow-
ing to ignorance or careessness in hand
ling this dangerous explosive such n
large number of persons had lost their
lives or been manned that in 1872 the
following law forbiddng its use was
passed:
An Act to prevent the use of explosive
substances in taking fish:
BE ii enacted by the King and the legis-
lative assembly of the Hawaiian ISL
ands in the legislature of the Kingdom
assembled: