reglab/housing_qa huggingface dataset:
HI Rev Stat § 187A-15 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|187A. Aquatic Resources|187A-15 Rights of inspection of catch.

  §187A-15 Rights of inspection of catch. Any agent of the department upon whom the board has conferred powers of police officers or any other enforcement officer of the State shall have the authority to conduct examinations and searches of:  (1) The contents of any bag or container of any kind used to carry aquatic life; or  (2) Any vehicle or conveyance used to transport aquatic life; if such agent or officer has probable cause, as provided by law, to believe that such bag, container, vehicle, or conveyance contains evidence of a violation of subtitle 5 of title 12 or any rule adopted thereunder. No person shall refuse any enforcement officer of the department or any other enforcement officer of the State such examination and search. [L 1991, c 202, §1; am L 1999, c 195, §5]
HI Rev Stat § 187A-21 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|187A. Aquatic Resources|187A-21 Public fishing grounds.

  §187A-21 Public fishing grounds. Except as otherwise provided by law, all fishing grounds appertaining to any government land or otherwise belonging to the government, except ponds, shall be and are forever granted to the people, for the free and equal use by all persons; provided that for the protection of these fishing grounds, the department may manage and regulate the taking of aquatic life. [L 1985, c 94, pt of §1] Law Journals and Reviews  Protecting Hawai €˜i's Fisheries: Creating an Effective Regulatory Scheme to Sustain Hawai €˜i's Fish Stocks. 29 UH L. Rev. 243.
HI Rev Stat § 187A-22 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|187A. Aquatic Resources|187A-22 Use of adjoining lands.

  §187A-22 Use of adjoining lands. No person who has bought any government land, or obtains the land by lease or other title, has or shall have greater right than any other person over any fishing ground not included in the title, although adjacent to the land. [L 1985, c 94, pt of §1]
HI Rev Stat § 187A-31 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|187A. Aquatic Resources|187A-31 Definitions.

  §187A-31 Definitions. For the purposes of this part, "high risk vessel" includes fishing and recreational vessels and floating structures, such as barges, dry docks, drilling rigs, and cranes, which have spent extended periods of time tied up in out-of-state ports. [L 2000, c 134, pt of §2]
HI Rev Stat § 187A-32 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|187A. Aquatic Resources|187A-32 Alien aquatic organisms; lead agency; rules.

  §187A-32 Alien aquatic organisms; lead agency; rules. (a) The department is designated as the lead state agency for preventing the introduction and carrying out the destruction of alien aquatic organisms through the regulation of ballast water discharges and hull fouling organisms. The department may establish an interagency team to address the concerns relating to alien aquatic organisms.  (b) The department may adopt rules in accordance with chapter 91, including penalties, to carry out the purposes of this part. The rules may include standards for the department and the United States Coast Guard to use as part of their respective inspection protocols. The rules may also include implementation of a course of action in relation to the arrival or pending arrival of a high risk vessel.  (c) The governor may enter into an agreement with the United States Secretary of Transportation to carry out the purposes of this part, including but not limited to the enforcement of state law. [L 2000, c 134, pt of §2]
HI Rev Stat § 187A-41 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|187A. Aquatic Resources|187A-41 Aquatic mitigation banking.

 §187A-41 Aquatic mitigation banking. The department is authorized to establish and operate aquatic mitigation banks, the purpose of which shall be to restore, create, enhance, or preserve aquatic habitats or resources as compensatory mitigation where a person is required to provide compensatory mitigation prospectively and the use of banked mitigation is approved by the agency requiring mitigation, or for past damages to aquatic habitats or resources. [L 2016, c 211, pt of §2]
HI Rev Stat § 187A-42 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|187A. Aquatic Resources|187A-42 Rules.

 §187A-42 Rules. The department may adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L 2016, c 211, pt of §2]
HI Rev Stat § 187A-52 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|187A. Aquatic Resources|187A-52 Ocean stewardship user fee.

 §187A-52 Ocean stewardship user fee. (a) All operators of commercial vessels, water craft, or water sports equipment that are required to have a commercial operator permit pursuant to section 13-256-3(a), Hawaii Administrative Rules, shall collect an ocean stewardship user fee from each passenger carried or customer served.  (b) The ocean stewardship user fee shall be $1 per passenger or customer and shall be adjusted every five years to match changes in the Consumer Price Index in the Honolulu area as reported by the United States Bureau of Labor Statistics; provided that the fee shall not be adjusted more than ten per cent every five years. Fees collected pursuant to this section shall not be counted toward gross revenues for purposes of section 200-10(c)(5).  (c) All fees collected pursuant to this section shall be transferred to the department on a monthly basis and shall be deposited into the ocean stewardship special fund; provided that any fees collected on or after January 1, 2029, shall be deposited into the general fund.  (d) The department shall adopt rules pursuant to chapter 91 to implement this part. [L 2021, c 46, pt of §2] Note  The collection of the ocean stewardship user fee shall begin on January 1, 2024. L 2021, c 46, §5.
HI Rev Stat § 188-21, 22 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-21, 22 REPEALED.

Cross References Nonapplicability of fishing regulations to patients of Kalaupapa, see §326-29. Law Journals and Reviews Protecting Hawai €˜i's Fisheries: Creating an Effective Regulatory Scheme to Sustain Hawai €˜i's Fish Stocks. 29 UH L. Rev. 243.  § §188-21, 22 REPEALED. L 1981, c 85, § §31, 32.
HI Rev Stat § 188-22.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-22.5 State marine waters. As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary. [L 1990, c 126, §2]

  §188-22.5 State marine waters. As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary. [L 1990, c 126, §2]
HI Rev Stat § 188-22.7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-22.7 Miloli`i fisheries management area.

 §188-22.7 Miloli`i fisheries management area. The Miloli`i fisheries management area, as defined in the administrative rules of the department of land and natural resources, shall be designated a community-based subsistence fishing area, as provided in section 188-22.6. The department of land and natural resources shall adopt management strategies and other rules consistent with section 188-22.6 that:  (1) Ensure long-term sustainable populations of fish and other marine species; and  (2) Encourage the scientific study and understanding of subsistence fishing management. [L 2005, c 232, §2] Law Journals and Reviews  Propagating Cultural KÄ«puka: The Obstacles and Opportunities of Establishing a Community-Based Subsistence Fishing Area. 31 UH L. Rev. 193.  Method is Irrelevant: Allowing Native Hawaiian Traditional and Customary Subsistence Fishing to Thrive. 32 UH L. Rev. 203.  Applying Indigenous Ecological Knowledge for the Protection of Environmental Commons: Case Studies from Hawai`i for the Benefit of "Island Earth". 41 UH L. Rev. 300 (2019).
HI Rev Stat § 188-22.8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-22.8 Limu management area.

  §188-22.8 Limu management area. (a) There is established a limu management area from the shoreline and extending one hundred fifty feet seaward in Ewa beach from the gunnery range to the boat ramp on Muumuu street.  (b) No person, including a person with a commercial fishing license, shall pick, gather, harvest, or otherwise take limu from within the limu management area beginning no sooner than January 1, 2007; provided that this section shall not apply to a person who has obtained a special permit to pick limu for purposes of replanting.  (c) Beginning no sooner than January 1, 2010, a person, including a person with a commercial fishing license, may hand-pick limu in the limu management area from 6:00 a.m. to 6:00 p.m., only during the months of July, November, and December of each year. A maximum of one pound for all types of limu combined may be hand-picked per day by any person, including any person possessing a commercial fishing license.  (d) This section shall not apply to any person exercising native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department of land and natural resources pursuant to article xii, section 7 of the Hawaii state constitution.  (e) The department of land and natural resources shall adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2006, c 293, §2]
HI Rev Stat § 188-23 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-23 Possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited; exception.

  §188-23 Possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited; exception. (a) It is unlawful to possess or use on, in, or near state waters, any explosives, electrofishing devices, or any source of electrical energy with appurtenant devices for the introduction of electricity into the water, for the purpose of taking aquatic life, except under the terms and conditions of a permit first obtained by the user from the department. The department may issue permits for the possession or use of electrofishing devices consistent with other legal requirements.  (b) It is unlawful to deposit in, permit to pass into, or place where it can pass into the state waters for the purpose of taking aquatic life any of the following:  (1) Any petroleum, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous material or substance;  (2) Hypochlorous acid or any of its salts, including bleaches commonly sold under various trade names, such as Clorox and Purex, and bleaching powders;  (3) Preparations containing rotenone, tephrosin, saponins, or plant materials from Barringtonia acutangula, Barringtonia asiatica, Barringtonia racemosa, Barringtonia longiracemosa, Barringtonia speciosa, Careya australis, Cocculus ferrandianus, Cocculus trilobus, Cocos nucifera, Hura crepitans, Hura polyandra, Piscidia acuminata, Piscidia carthagenensis, Piscidia erythrina, Planchonia careya, Tephrosia purpurea, Tephrosia piscatoria, Wikstroemia; and  (4) Any other substance or material deleterious to aquatic life; except under the terms and conditions of a permit first obtained by the user from the department.  The department may issue permits to allow the possession or use of stated amounts of these substances poisonous to aquatic life if the department deems the amount in possession is for legitimate purposes or in quantities too small to harm aquatic life.  The possession or use of these substances without a permit by any person on, in, or near the water where aquatic life can be taken, or aboard any fishing vessel or boat is prima facie evidence of a violation of this section.  The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.  Nothing in this section shall be held or construed to be an amendment of the rules of the department of transportation. [L 1888, c 30, §1; RL 1925, §761; am L 1925, c 41, §2; RL 1935, §366; RL 1945, §1221; RL 1955, §21-54; HRS §188-23; am L 1981, c 85, §33; am L 1982, c 147, §9; am L 2002, c 96, §2]
HI Rev Stat § 188-24 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-24 REPEALED.

  §188-24 REPEALED. L 1981, c 85, §34.
HI Rev Stat § 188-25 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-25 REPEALED.

  §188-25 REPEALED. L 1999, c 85, § §5, 17; L 2002, c 151, §1.
HI Rev Stat § 188-26, 27 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-26, 27 REPEALED.

  § §188-26, 27 REPEALED. L 1981, c 85, § §36, 37.
HI Rev Stat § 188-28 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-28 REPEALED.

  §188-28 REPEALED. L 1977, c 129, §3.
HI Rev Stat § 188-31 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-31 Permits to take aquatic life for aquarium purposes.

  §188-31 Permits to take aquatic life for aquarium purposes. (a) Except as prohibited by law, the department, upon receipt of a written application, may issue an aquarium fish permit, not longer than one year in duration, to use fine meshed traps, or fine meshed nets other than throw nets, for the taking of marine or freshwater nongame fish and other aquatic life for aquarium purposes.  (b) Except as prohibited by law, the permits shall be issued only to persons who can satisfy the department that they possess facilities to and can maintain fish and other aquatic life alive and in reasonable health.  (c) It shall be illegal to sell or offer for sale any fish and other aquatic life taken under an aquarium fish permit unless those fish and other aquatic life are sold alive for aquarium purposes.  The department may adopt rules pursuant to chapter 91 for the purpose of this section.  (d) For the purposes of this section:  (1) "Aquarium purposes" means to hold salt water fish, freshwater nongame fish, or other aquatic life alive in a state of captivity as pets, for scientific study, or for public exhibition or display, or for sale for these purposes; and  (2) "Aquarium fish permit" means a permit issued by the board for the use of fine mesh nets and traps to take salt water fish, freshwater nongame fish, or other aquatic life for aquarium purposes. [L 1953, c 124, § §1, 2, 3; RL 1955, §21-64; am L 1961, c 30, § §1, 2 and c 132, §2; HRS §188-31; am L 1979, c 154, §1; gen ch 1985; am L 1992, c 96, §2]
HI Rev Stat § 188-31.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-31.5 Aquarium fish for export; monthly count.

  §188-31.5 Aquarium fish for export; monthly count. The department of land and natural resources shall adopt rules in accordance with chapter 91 to monitor the aquarium fish catch report and fish dealer's report for export of aquarium fish taken from the waters of the State for aquarium purposes pursuant to section 188-31. A monthly count of the quantities taken of each individual species of aquarium fish exported shall be reported to the board. [L 1989, c 319, §1]
HI Rev Stat § 188-32, 33 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-32, 33 REPEALED.

  § §188-32, 33 REPEALED. L 1981, c 85, § §41, 42.
HI Rev Stat § 188-34 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-34 Fishing in Honolulu harbor, Hilo harbor, restricted.

  §188-34 Fishing in Honolulu harbor, Hilo harbor, restricted. (a) It is unlawful to take or kill fish by means of any draw, drag, or seine net in the waters of the harbor of Honolulu; provided that commercial marine licensees as defined in chapter 187A may take bait fish by means of any draw, drag, or seine net during periods scheduled by the harbor master.  (b) It is unlawful to take or kill fish by means of any net in the waters of that portion of the bay of Hilo bounded by the breakwater, a line from the outer end of the breakwater to Alealea Point, and the shoreline from Alealea Point to the inshore end of the breakwater; provided that commercial marine and pond operators with appropriate licenses issued by the department of land and natural resources may take bait fish or pua, or persons may use throw net, opae net, crab net, or nehu net not longer than fifty feet to take nehu for family consumption or bait purposes. [L 1911, c 38, §1; RL 1925, §769; RL 1935, §383; am L 1941, c 223, §1; RL 1945, §1230; RL 1955, §21-67; am L 1961, c 110, §1; HRS §188-34; am L 1981, c 85, §43; am L 1986, c 339, §11; am L 1987, c 131, §1; am L 2005, c 218, §1; am L 2006, c 241, §5; am L 2010, c 4, §1] Law Journals and Reviews  Protecting Hawai €˜i's Fisheries: Creating an Effective Regulatory Scheme to Sustain Hawai €˜i's Fish Stocks. 29 UH L. Rev. 243.
HI Rev Stat § 188-36 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-36 Hawaii marine laboratory refuge.

  §188-36 Hawaii marine laboratory refuge. It is unlawful for any person within the Hawaii marine laboratory refuge to take any aquatic life. Nothing in this section shall apply to any officer, faculty member, employee, or student of the University of Hawaii or licensee of the board of regents of the University of Hawaii, while employed in catching or taking aquatic life for scientific purposes.  The Hawaii marine laboratory refuge consists of the reefs and bay waters surrounding the island of Moku-o-loe located in Kaneohe Bay, island of Oahu, from the high water mark on the island extending outward to "twenty-five feet beyond the outer edges of the reefs".  All laws enacted for the protection of aquatic life or wildlife shall likewise apply to the Hawaii marine laboratory refuge, except that no person or persons, other than those designated by this section, shall be authorized to catch or take aquatic life in the refuge.  The Hawaii marine laboratory refuge shall continue only as long as the regents of the University of Hawaii maintain the Hawaii marine laboratory on the island of Moku-o-loe, island of Oahu. [L 1953, c 85, § §1, 2; RL 1955, §21-69; HRS §188-36; am L 1981, c 85, §45] Law Journals and Reviews  Protecting Hawai €˜i's Fisheries: Creating an Effective Regulatory Scheme to Sustain Hawai €˜i's Fish Stocks. 29 UH L. Rev. 243.
HI Rev Stat § 188-37 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-37 Fishing in the Northwestern Hawaiian Islands.

  §188-37 Fishing in the Northwestern Hawaiian Islands. (a) The department of land and natural resources may adopt rules relating to the taking of marine life in the Northwestern Hawaiian Islands, where, in the judgment of the department the action will not deplete the stocks of marine life in the area; the rules may include open and closed seasons, size limits, methods and appliances, and establishment of permits for taking marine life.  (b) Those islands, reefs, and shoals, as well as their respective appurtenant reefs and territorial waters, of the Hawaiian Islands chain beginning and including Nihoa Island to and including Kure Island shall be referred to as the Northwestern Hawaiian Islands.  (c) The department may issue permits to those persons with a valid commercial marine license issued pursuant to section 189-2 who own or operate a vessel deemed capable by the department for effectively taking marine life within the Northwestern Hawaiian Islands, and whenever the department deems necessary, it may limit the number of permits issued to take marine life in any particular area and such limitation shall be on the basis of the order of application for permits. Issuance of permits shall be limited to persons utilizing methods or appliances approved by rule of the department, which need not be legal elsewhere within the State, and these permittees may take species of marine life, when and as approved by rule of the department. The fee for the Northwestern Hawaiian Islands taking permit shall be established by the department by rules adopted in accordance with chapter 91.  The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation. [L 1953, c 57, § §1, 2; RL 1955, §21-70; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-37; am L 1978, c 97, §1; am L 1981, c 85, §46; am L 1988, c 117, §1; am L 2002, c 86, §4] Cross References  Lobster taking, see §189-6.
HI Rev Stat § 188-38, 39 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-38, 39 REPEALED.

  § §188-38, 39 REPEALED. L 1981, c 85, § §47, 48.
HI Rev Stat § 188-39.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-39.5 Rays; hÄ«hÄ«manu; hÄhÄlua; hailepo; lupe; prohibitions, penalties, and fines.

  §188-39.5 Rays; hÄ«hÄ«manu; hÄhÄlua; hailepo; lupe; prohibitions, penalties, and fines. (a) Except as provided in subsection (e), no person shall knowingly capture, take, possess, abuse, or entangle a ray, whether alive or dead, or kill any ray, within state marine waters.  (b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor and shall be fined:  (1) $500 for a first offense;  (2) $2,000 for a second offense; and  (3) $10,000 for a third or subsequent offense.  (c) In addition to any other penalty imposed under this section, a person violating this section shall be subject to:  (1) An administrative fine of not more than $10,000 for each ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section;  (2) Seizure and forfeiture of any captured rays, commercial marine license, vessel, and fishing equipment; and  (3) Assessment of administrative fees and costs and attorney's fees and costs.  (d) The criminal penalties and administrative fines and costs shall be assessed per ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section.  (e) This section shall not apply to special activity permits allowed under section 187A-6 or research permits authorized by law; provided that the permit issued does not allow a take that exceeds the potential biological removal level; and provided further that the department shall adopt rules pursuant to chapter 91 to define a "take" and determine when a take exceeds the potential biological removal level.  (f) Nothing in this section shall be construed to restrict the exercise of traditional and customary rights protected pursuant to article XII, section 7, of the state constitution.  (g) For the purposes of this section, "ray" means any species of ray within the subclass elasmobranchii. [L 2009, c 92, §2; am L 2019, c 252, §1]
HI Rev Stat § 188-40 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-40 REPEALED.

  §188-40 REPEALED. L 1999, c 85, § §12, 17; L 2002, c 151, §1.