reglab/housing_qa huggingface dataset:
HI Rev Stat § 189-41 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|189. Commercial Fishing|189-41 Findings and purpose.

Note Part heading amended by L 1976, c 70, pt of §2.  §189-41 Findings and purpose. The purpose of this part is to insure the continued orderly development of Hawaii's small commercial fishing vessel fleet by providing financial assistance for the maintenance and repair of small commercial fishing vessels in order to increase productivity in traditional state fishing grounds and to foster development of new fishing grounds by Hawaii's small commercial fishing vessels. The legislature finds that: (1) the several financial assistance programs available to Hawaii's commercial marine licensees are primarily for new vessel construction with national agency program emphasis on large fishing vessels; (2) that the large majority of Hawaii's commercial fishing vessels are small vessels (under 5 net tons, i.e., under 31 feet long) whose owners often do not have the financial resources of the larger vessels; (3) there is no financial program specializing in providing financial assistance for the maintenance and repair of smaller commercial fishing vessels; (4) that the nature of commercial fishing is noted for occasional poor years when reduced landings adversely affect the economic resources of commercial marine licensees, especially those with the smaller vessels; (5) that the recently released report "Hawaii and the Sea - 1974" calls for further development of measures to strengthen Hawaii's commercial fishing fleet, for example, by expanding the present Hawaii Fisheries New Vessel Construction Loan Program (Act 193, Session Laws of Hawaii 1965, as amended by Act 28, Session Laws of Hawaii 1968); (6) that the Hawaii Fisheries New Vessel Construction Loan Program does not include maintenance and repair of small commercial fishing vessels; (7) that the creation of a maintenance and repair loan program would help fulfill the intent of "Hawaii and the Sea - 1974"; (8) that some usually efficient commercial marine licensees, due to the above reasons, are unable to upgrade their vessels in order to take advantage of new fishing gear and technology; and (9) that the State of Hawaii should make every effort to strengthen its small commercial fishing vessel fleet. [L 1975, c 167, §7; am L 1976, c 70, pt of §2; gen ch 1993]
HI Rev Stat § 189-42 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|189. Commercial Fishing|189-42 Definitions.

  §189-42 Definitions. As used in this part:  "Department" means the department of business, economic development, and tourism.  "Director" means the director of business, economic development, and tourism.  "National Marine Fisheries Service" means Financial Assistance Division, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce.  "SBA" means the Federal Small Business Administration.  "Small fishing vessel" means any vessel under five net tons designed to be used in catching fish, processing, or transporting fish loaded on the high seas that derives at least fifty-one per cent of that vessel's gross annual income from commercial (as opposed to recreational) operations, or any vessel outfitted for such activity. [L 1975, c 167, §8; am L 1976, c 70, pt of §2; am L 1987, c 336, §7; am L 1990, c 293, §8] Note  "Financial Assistance Division", National Marine Fisheries Service, now known as "Financial Services Division". Revision Note  Numeric designations deleted and definitions rearranged.
HI Rev Stat § 189-43 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|189. Commercial Fishing|189-43 REPEALED.

  §189-43 REPEALED. L 1996, c 143, §6.
HI Rev Stat § 189-44 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|189. Commercial Fishing|189-44 Functions, powers, and duties of the director.

  §189-44 Functions, powers, and duties of the director. In performance of, and with respect to, the functions, powers, and duties vested in the director by this part, the director shall:  (1) Prescribe the qualifications for eligibility of applicants for loans.  (2) Establish preferences and priorities in determining eligibility for loans.  (3) Establish the conditions, consistent with the purposes of this part, for the granting of the loan.  (4) Provide for inspection, at reasonable hours, of the vessel, records and books of an individual or enterprise who has applied for or has been granted a loan and to require the submission of periodic reports.  (5) Adopt rules and regulations under chapter 91 to carry out this part. [L 1975, c 167, §10; am L 1976, c 70, pt of §2; gen ch 1985]
HI Rev Stat § 189-45 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|189. Commercial Fishing|189-45 Loans, terms, and restrictions.

  §189-45 Loans, terms, and restrictions. The department may make loans to individuals or businesses for the financing of expenses incurred in the purchase, construction, renovation, maintenance, and repair of small fishing vessels. The loans may be made in conjunction with loans made by other financial institutions including the Small Business Administration or loans guaranteed by the National Marine Fisheries Service. Where the loans made by the department are secured, such security may be subordinated to the loans made by other financial institutions, when such subordination is required in order to obtain loans from such institutions. The necessity for and the extent of security required in any loan shall be determined by the director.  The foregoing powers shall be subject, however, to the following restrictions and limitations:  (1) No loan shall exceed $50,000.  (2) No loan shall be made for a term exceeding ten years.  (3) Each loan shall bear simple interest at the rate of seven and one-half per cent a year.  (4) The commencement date for the repayment of the first installment on the principal of each loan may be deferred by the director, but in no event shall such initial payment be deferred in excess of two years. [L 1975, c 167, §11; am L 1976, c 70, pt of §2]
HI Rev Stat § 189-46 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|189. Commercial Fishing|189-46 Reports.

  §189-46 Reports. The department shall make a report for the period ending December 31 of each year to the governor, the president of the senate, and the speaker of the house of representatives, on the progress made under this part. The report shall be submitted not later than February 1 immediately following the period covered by the report. [L 1975, c 167, §12; am L 1976, c 70, pt of §2]
HI Rev Stat § 190-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190. Marine Life Conservation Program|190-1 Conservation area; administration.

  §190-1 Conservation area; administration. All marine waters of the State are hereby constituted a marine life conservation area to be administered by the department of land and natural resources subject to this chapter and any other applicable laws not inconsistent herewith or with any rules adopted pursuant hereto. No person shall fish for or take any fish, crustacean, mollusk, live coral, algae or other marine life, or take or alter any rock, coral, sand or other geological feature within any conservation district established pursuant to this chapter except in accordance with section 190-4 and rules adopted by the department pursuant hereto. [L 1955, c 192, §2; RL 1955, §21-131; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §190-1; am L 1981, c 16, §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 § 190-1.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190. Marine Life Conservation Program|190-1.5 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, §4]

  §190-1.5 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, §4]
HI Rev Stat § 190-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190. Marine Life Conservation Program|190-2 Establishment and modifications of conservation district.

  §190-2 Establishment and modifications of conservation district. The department of land and natural resources may establish and from time to time modify the limits of one or more conservation districts in each county and may, if it deems necessary, declare all waters within any county a conservation district. [L 1955, c 192, §5; RL 1955, §21-134; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §190-2]
HI Rev Stat § 190-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190. Marine Life Conservation Program|190-3 Rules.

  §190-3 Rules. The department of land and natural resources pursuant to chapter 91, shall adopt rules governing the taking or conservation of fish, crustacean, mollusk, live coral, algae, or other marine life as it determines will further the state policy of conserving, supplementing and increasing the State's marine resources. The rules may prohibit activities that may disturb, degrade, or alter the marine environment, establish open and closed seasons, designate areas in which all or any one or more of certain species of fish or marine life may not be taken, prescribe and limit the methods of fishing, including the type and mesh and other description of nets, traps, and appliances, and otherwise regulate the fishing and taking of marine life either generally throughout the State or in specified districts or areas. The rules shall upon taking effect supersede any state laws inconsistent therewith. [L 1955, c 192, §6; RL 1955, §21-135; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §190-3; am L 1981, c 16, §2]
HI Rev Stat § 190-4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190. Marine Life Conservation Program|190-4 Permits.

  §190-4 Permits. The department of land and natural resources may, in any conservation district, prohibit the taking of marine life or the engaging in activities prohibited by this chapter and rules adopted thereunder, except by permit issued by it for scientific, education, or other public purposes on such terms and conditions deemed necessary to minimize any adverse effect within the conservation district; provided that the department shall provide written notice of any change in permit conditions ninety calendar days prior to the effective date of the change, except, as determined by the department, when an immediate change in permit conditions is necessary to protect or preserve the conservation district. 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 1955, c 192, §7; RL 1955, §21-136; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §190-4; am L 1981, c 16, §3; am L 2010, c 77, §1]
HI Rev Stat § 190-4.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190. Marine Life Conservation Program|190-4.5 Anchoring, boating, and mooring in marine life conservation districts; rules. (a) The department shall, pursuant to chapter 91, adopt rules for the regulation of anchoring and mooring in each marine life conservation district established under this chapter. (b) Within its jurisdiction over ocean recreational boating and coastal activities, the department shall adopt rules pursuant to chapter 91 for the regulation of boating in each marine life conservation district established under this chapter. [L 1988, c 381, §1; am L 1991, c 183, §1]

  §190-4.5 Anchoring, boating, and mooring in marine life conservation districts; rules. (a) The department shall, pursuant to chapter 91, adopt rules for the regulation of anchoring and mooring in each marine life conservation district established under this chapter.  (b) Within its jurisdiction over ocean recreational boating and coastal activities, the department shall adopt rules pursuant to chapter 91 for the regulation of boating in each marine life conservation district established under this chapter. [L 1988, c 381, §1; am L 1991, c 183, §1]
HI Rev Stat § 190-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190. Marine Life Conservation Program|190-5 Penalty.

  §190-5 Penalty. (a) Any person violating this chapter, any rule adopted pursuant thereto, or the terms and conditions of any permit issued under section 190-4, shall be guilty of a petty misdemeanor and punished as provided in subsections (b) and (c).  (b) The punishment, in addition to any other penalties, shall be a fine of not less than:  (1) $250 for a first offense;  (2) $500 for a second offense; and  (3) $1,000 for a third or subsequent offense.  (c) The court may require the defendant to complete an aquatic resources educational class administered by the department of land and natural resources in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.  (d) The court may allow the defendant to perform community service as administered by the department of land and natural resources in lieu of paying any monetary fine authorized by this section. [L 1955, c 192, §8; RL 1955, §21-137; HRS §190-5; am L 1981, c 16, §4; am L 1999, c 195, §9; am L 2016, c 67, §3] Cross References  General administrative penalties, see §187A-12.5.
HI Rev Stat § 190D-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190D. Ocean and Submerged Lands Leasing|190D-1 Short title.

  §190D-1 Short title. This chapter shall be known as the Hawaii Ocean and Submerged Lands Leasing Act. [L 1986, c 91, pt of §1]
HI Rev Stat § 190D-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190D. Ocean and Submerged Lands Leasing|190D-2 Findings and purpose.

 §190D-2 Findings and purpose. Article XI of the constitution of the State of Hawaii relating to the conservation, control, and development of resources, provides in section 6 that the State shall have the power to manage and control the marine, seabed, and other resources located within the boundaries of the State, including its archipelagic waters, and reserves to the State all such rights outside state boundaries not specifically limited by federal or international law.  The legislature finds that the State's marine waters offer the people of Hawaii sources of energy, minerals, food, and usable space. The legislature further finds that the proper management and development of these ocean resources require defined rights of usage and tenure.  The purpose of this chapter is to establish procedures for the leasing of state marine waters and to guarantee property rights and protection for any activities approved under these procedures. [L 1986, c 91, pt of §1; am L 1999, c 176, § §2, 11; am L 2002, c 203, §1]
HI Rev Stat § 190D-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190D. Ocean and Submerged Lands Leasing|190D-3 Definitions.

  §190D-3 Definitions. As used in this chapter, unless the context clearly requires otherwise:  "Agency" means any federal, state, local, or foreign government or any entity of any such government.  "Application" means a conservation district use application.  "Board" means the board of land and natural resources.  "Chairperson" means the chairperson of the board of land and natural resources.  "Commercial lease" means a lease of state marine waters or submerged lands for marine activities designed for profit.  "Department" means the department of land and natural resources.  "Economic unit" means the water column, state submerged lands beneath the water column, and water surface above the water column which shall be treated as one economic unit for the calculation of lease rents.  "Lessee" means the holder of a valid lease granted pursuant to this chapter.  "Mariculture" means the aquaculture, cultivation, and production for research, development, demonstration, and commercial purposes of aquatic plants and animals within state marine waters, but excludes floating structures that are not anchored.  "Marine activities" means ocean thermal energy conversion (OTEC); mariculture; and other energy or water research, scientific, and educational activities in, on, or under state marine waters, which are exclusive, non-transient in nature, and which occupy a discrete area of state marine waters.  "Noncommercial lease" means a lease of state marine waters for marine activities not designed for profit.  "OTEC" means ocean thermal energy conversion.  "OTEC facility" means an ocean thermal energy conversion facility which is located onshore, standing on submerged lands, or moored in state marine waters, and which is designed to use temperature differences in ocean water to produce energy or energy product equivalents and includes any surface and subsurface structures, intake and discharge pipes, and underwater power cables integrated with or appurtenant to such a facility.  "State marine waters" means all waters of the State, including the water column, water surface, and state submerged lands, 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.  "Water column" means the vertical extent of marine waters, including the surface, above submerged lands. [L 1986, c 91, pt of §1; am L 1990, c 126, §5; am L 1999, c 176, § §3, 11; am L 2002, c 203, §1]
HI Rev Stat § 190D-21 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190D. Ocean and Submerged Lands Leasing|190D-21 Leasing of state marine waters and submerged lands for private uses.

  §190D-21 Leasing of state marine waters and submerged lands for private uses. (a) The board may lease state marine waters for marine activities upon compliance with section 171-53 and with the concurrence of the director of transportation. Leases may be issued only for marine activities which are allowed pursuant to an approved application. The board shall make a determination that each lease is a commercial or noncommercial lease.  (b) The board shall not lease state marine waters when existing programs of the department, such as the marine life conservation district program, shoreline fisheries management area program, or the natural area reserve program will suffer adverse impacts as a consequence of the proposed activities; provided that no lease shall be awarded within state marine waters designated as being necessary for national defense purposes, as determined by the department in consultation with the appropriate federal agencies.  (c) The board shall not lease state marine waters unless the board finds that a lease for the proposed activity, after detailed consideration of the present uses, is clearly in the public interest upon consideration of the overall economic, social, and environmental impacts and consistent with other state policy goals and objectives.  (d) The board shall not lease state marine waters unless the board finds that the applicant for a lease has complied with applicable federal, state, and county statutes, ordinances, and rules.  (e) The board may require any person who has obtained approval of an application for marine activities or the operation of an OTEC facility in state marine waters to enter into a lease for the conduct of those activities.  (f) The board shall not approve an application, if in so doing it would fail to protect the public's use and enjoyment of the reefs in the state marine waters. [L 1986, c 91, pt of §1; am L 1999, c 176, § §5, 11; am L 2002, c 203, §1]
HI Rev Stat § 190D-22 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190D. Ocean and Submerged Lands Leasing|190D-22 Leasing procedure.

 §190D-22 Leasing procedure. (a) Any person who wants to obtain a lease for marine activities in state marine waters shall request a lease from the board at the time of filing an application.  (b) Upon receipt of a completed application and authorization of a lease, the board shall:  (1) Negotiate with and grant a lease to the applicant; or  (2) Conduct a public auction and grant the lease to the highest qualified bidder.  Public auctions shall be conducted in accordance with chapter 171. If an auction is held and the applicant submitting a completed application is not the highest qualified bidder, the board shall require the highest qualified bidder to indemnify the applicant for all legitimate costs incurred in the preparation of any environmental assessment or environmental impact statement included in the application pursuant to chapter 343 and the rules adopted thereunder. In establishing and following internal procedures for lease applications, the board shall attempt to minimize costs to those applicants submitting completed applications.  (c) The board shall not revoke or modify its approval of an application in such a way as to invalidate, impair, limit, or affect, directly or indirectly, in whole or in part, the rights of a lessee as set forth in the lease granted to the lessee pursuant to this chapter. [L 1986, c 91, pt of §1; am L 1999, c 176, § §6, 11; am L 2002, c 203, §1]
HI Rev Stat § 190D-24 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190D. Ocean and Submerged Lands Leasing|190D-24 Konohiki fishing rights.

  §190D-24 Konohiki fishing rights. (a) The provisions of this chapter shall not abridge or alter in any way konohiki fishing rights recognized in chapter 187A, including the right to sublease private konohiki fishing grounds for marine activities. No lease shall be granted by the board which conflicts with or impairs konohiki fishing rights.  (b) Any traditional fishing or marine activity conducted within konohiki fishing grounds is subject to all applicable state laws and rules enacted pursuant to the State's police powers over fisheries and navigable waters. [L 1986, c 91, pt of §1]
HI Rev Stat § 190D-31 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190D. Ocean and Submerged Lands Leasing|190D-31 Enforcement.

  §190D-31 Enforcement. Enforcement of this chapter shall be in accordance with chapter 199. [L 1986, c 91, pt of §1]
HI Rev Stat § 190D-32 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190D. Ocean and Submerged Lands Leasing|190D-32 Rules.

 §190D-32 Rules. The board may adopt such rules as are necessary and appropriate to carry out the purposes and provisions of this chapter. The adoption of these rules shall be in accordance with chapter 91. [L 1986, c 91, pt of §1; am L 1999, c 176, § §8, 11; am L 2002, c 203, §1]
HI Rev Stat § 190D-33 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|190D. Ocean and Submerged Lands Leasing|190D-33 Revenues.

 §190D-33 Revenues. The revenues obtained from the leasing of state marine waters pursuant to this chapter shall be deposited into the special land and development fund to be used for planning, research, and development of the aquaculture industry; provided that the portion of revenues subject to chapter 10, shall be deposited into the public land trust fund as provided by law. [L 1986, c 91, pt of §1; am L 1999, c 176, § §9, 11; am L 2002, c 203, §1]