reglab/housing_qa huggingface dataset:
HI Rev Stat § 188-40.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-40.5 REPEALED.

  §188-40.5 REPEALED. L 2010, c 148, §3.
HI Rev Stat § 188-40.6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-40.6 Shark feeding; prohibitions; exceptions; penalties.

  §188-40.6 Shark feeding; prohibitions; exceptions; penalties. (a) Except as provided in subsection (b), or as otherwise provided by law, it shall be unlawful for any person to conduct any activity related to the feeding of sharks in state marine waters.  (b) Persons may engage in the feeding of sharks for traditional Hawaiian cultural or religious practices; provided that the feeding is not part of a commercial activity.  (c) Persons engaged in the taking of marine life that results in captured, injured, or dead fish being incidentally eaten by sharks shall not be considered in violation of this section; provided that the purpose of the taking of marine life is not the feeding of sharks.  (d) The department may issue permits to engage in activities otherwise prohibited by law, in accordance with section 187A-6, or as may be otherwise authorized by law.  (e) As used in this section:  "Commercial activity" means to engage in any action or to attempt to engage in any action for compensation in any form. The action or actions may include, but are not limited to, providing, or attempting to provide, guide services, charters, tours, and transportation to and from the location or locations for which such services are provided.  "Compensation" means money, barter, trade, credit, and other instruments of value, goods, and other forms of payment.  "Feeding" means the introduction of or an attempt to introduce any food or other substance into the water to attract marine life for any purpose other than to take the marine life. [L 2002, c 127, §2]
HI Rev Stat § 188-40.7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-40.7 Shark fins; prohibited.

  §188-40.7 Shark fins; prohibited. (a) It shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute shark fins.  (b) Notwithstanding subsection (a), any person who holds a license or permit issued by the department of land and natural resources to conduct research or for educational purposes possesses, sells, offers for sale, trades, or distributes shark fins shall not be subject to the penalties in this section.  (c) Prior to July 1, 2011, any restaurant holding a valid certificate, permit, or license issued by the department of health under section 321-11 may possess, sell, offer for sale, trade, or distribute shark fins possessed by that restaurant as of July 1, 2010 which are prepared for consumption.  (d) Any person violating this section or any rule adopted pursuant to this section shall be penalized as follows:  (1) For a first offense, by an administrative fine of not less than $5,000 and not more than $15,000;  (2) For a second offense, by an administrative fine of not less than $15,000 and not more than $35,000. In addition, shark fins, commercial marine licenses, vessels, fishing equipment, or other property involved in a violation of this section shall be subject to seizure and forfeiture pursuant to chapter 712A; and  (3) For a third or subsequent offense, by an administrative fine of not less than $35,000 and not more than $50,000 or by imprisonment of not more than one year, or both. In addition, shark fins, commercial marine licenses, vessels, fishing equipment, or other property involved in a violation of this section shall be subject to seizure and forfeiture pursuant to chapter 712A.  (e) In addition to any penalties imposed under subsection (d), any person violating this section or any rule adopted under it shall be subject to any other penalties authorized by section 188-70, and may be assessed administrative fees and costs, and attorney's fees and costs.  (f) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this section.  (g) For the purpose of this section, "shark fin" means the raw or dried fin or tail of a shark. [L 2010, c 148, §2] Law Journals and Reviews  Think Globally, Act Locally: How Innovative Domestic American Efforts to Reduce Shark Finning May Accomplish What the International Community Has Not. 34 UH L. Rev. 125 (2012).
HI Rev Stat § 188-41 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-41 REPEALED.

  §188-41 REPEALED. L 1999, c 85, § §13, 17; L 2002, c 151, §1.
HI Rev Stat § 188-42 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-42 REPEALED.

  §188-42 REPEALED. L 1981, c 85, §49.
HI Rev Stat § 188-42.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-42.5 Hihiwai, hapawai, and opae kala €˜ole selling prohibited. It shall be unlawful for any person at any time to sell or offer for sale any hihiwai, hapawai, and opae kala €˜ole taken from any of the waters within the jurisdiction of the State. [L 1993, c 48, §1]

  §188-42.5 Hihiwai, hapawai, and opae kala €˜ole selling prohibited. It shall be unlawful for any person at any time to sell or offer for sale any hihiwai, hapawai, and opae kala €˜ole taken from any of the waters within the jurisdiction of the State. [L 1993, c 48, §1]
HI Rev Stat § 188-43 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-43 Hinana and oopu, taking of, prohibited.

  §188-43 Hinana and oopu, taking of, prohibited. It is unlawful for any person to fish for, or attempt to take any of the fish known as hinana or oopu, by means of traps or weirs. [L 1937, c 41, § §1, 2; RL 1945, §1235; RL 1955, §21-76; HRS §188-43; am L 1981, c 85, §50]
HI Rev Stat § 188-44 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-44 Licenses for mullet.

 §188-44 Licenses for mullet. (a) The department may issue a license to any owner or operator of a fishpond to lawfully catch the young mullet known as pua during the closed season, for the purpose of stocking the owner's or operator's pond, and lawfully sell pond raised mullet during the closed season.  (b) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this section and to set reasonable fees. [L 1888, c 58, § §1, 2, 3; am L 1903, c 8, §2; RL 1925, § §763, 764, 765; am L 1925, c 193, § §1, 2, 3; am imp L 1927, c 264; am L 1933, c 174, §2; RL 1935, § §370, 371; am L 1935, c 85, §1; RL 1945, §1236; RL 1955, §21-77; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-44; am L 1981, c 85, §51; gen ch 1985; am L 1991, c 184, §2; am L 1992, c 163, §1; am L 1999, c 85, § §1, 17; am L 2002, c 151, §1]
HI Rev Stat § 188-45 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-45 Licenses for nehu, iao, and other baitfish.

  §188-45 Licenses for nehu, iao, and other baitfish. The department may issue to commercial marine licensees, as defined in chapter 187A, licenses to take nehu, iao, or any other species for use as bait only. The department may adopt rules pursuant to chapter 91 for the purposes of this section. The licenses may be issued by the department upon terms and conditions the department may deem necessary to conserve the supply of the fish within state waters. The license may be summarily revoked for a violation of any term or condition of the license, and any or all licenses may be revoked summarily whenever, in the judgment of the department, the action is necessary for the conservation of the fish. [L 1929, c 206, § §1, 2; am L 1931, c 258, §1; am L 1933, c 54, §1; RL 1935, §390; am L 1943, c 54, §1; RL 1945, §1237; am L 1947, c 179, §1; RL 1955, §21-78; am L Sp 1959 2d, c 1, §22; am L 1961, c 101, §1 and c 132, §2; HRS §188-45; am L 1974, c 222, §1; am L 1981, c 85, §52; gen ch 1985; am L 1986, c 339, §12; am L 1999, c 85, § §2, 17; am L 2002, c 151, §1]
HI Rev Stat § 188-46 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-46 REPEALED.

  §188-46 REPEALED. L 1999, c 85, § §14, 17; L 2002, c 151, §1.
HI Rev Stat § 188-51, 52 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-51, 52 REPEALED.

  § §188-51, 52 REPEALED. L 1981, c 85, § §58, 59.
HI Rev Stat § 188-52.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-52.5 REPEALED.

  §188-52.5 REPEALED. L 1985, c 94, §8.
HI Rev Stat § 188-53 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-53 Fishing reserves, refuges, and public fishing areas.

  §188-53 Fishing reserves, refuges, and public fishing areas. (a) For the purposes of managing, preserving, protecting, conserving, and propagating introduced freshwater fishes, and other freshwater or marine life, the department of land and natural resources may establish, maintain, manage, and operate freshwater or marine fishing reserves, refuges, and public fishing areas in areas under its control as it may deem desirable and may enter into agreements for the taking of control of privately owned waters, lands, or fisheries for such purposes. The department may make, adopt, and amend rules and may issue permits as it deems necessary for managing the fishing reserves, refuges, public fishing areas, and other waters or lands under the jurisdiction or control of the State.  (b) It is unlawful for any person to enter any area established under this section without first obtaining a permit from the department, if permits are required, or to violate any rule adopted by the department governing same.  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 58, pt of §1; RL 1955, §21-86; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-53; am L 1981, c 85, §60] Cross References  Rulemaking procedure, see chapter 91.
HI Rev Stat § 188-57 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-57 Licenses for certain crustaceans.

 §188-57 Licenses for certain crustaceans.  (a) Any commercial marine dealer may sell, or any hotel, restaurant, or other public eating house may serve, during the closed season, Kona crabs or lobsters lawfully caught during the open season by first procuring a license to do so.  (b) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this chapter and to set fees for selling or serving Kona crab and lobster during the closed season. [L 1925, c 72, § §1, 2, 3; RL 1935, §396; am L 1935, c 107, §1; RL 1955, §21-90; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-57; am L 1977, c 55, §1; am L 1981, c 85, §66; am L 1990, c 12, §1; am L 1991, c 184, §3; am L 1992, c 163, §2; am L 1999, c 85, § §3, 17; am L 2002, c 151, §1] Cross References  Out-of-season lobsters from Northwestern Hawaiian Islands, see §189-6.  Taking or killing of female lobsters and crabs prohibited, see §188-58.5.
HI Rev Stat § 188-58 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-58 REPEALED.

 §188-58 REPEALED. L 1999, c 85, § §15, 17; L 2002, c 151, §1.
HI Rev Stat § 188-58.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-58.5 REPEALED.

  §188-58.5 REPEALED. L 2021, c 44, §2.
HI Rev Stat § 188-68 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-68 Permits for coral and rock with marine life attached.

  §188-68 Permits for coral and rock with marine life attached. The department may issue permits, as authorized by this section, section 187A-6, chapter 183C, or under rules adopted pursuant to chapter 91 necessary for collecting live stony corals or marine life visibly attached to rocks placed in the water for a commercial purpose. [L 1988, c 374, §1; am L 1990, c 69, §2; am L 1991, c 184, §4; am L 1993, c 256, §3; am L 1995, c 11, §7 and c 69, §5; am L 1999, c 85, § §4, 17; am L 2002, c 151, §1]
HI Rev Stat § 188-70 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-70 Penalties.

  §188-70 Penalties. (a) Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23, 188-39.5, and 188-40.8, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined no less than:  (1) $100 for a first offense;  (2) $200 for a second offense; and  (3) $500 for a third or subsequent offense.  (b) Any person violating section 188-23, is guilty of a class C felony and shall be sentenced pursuant to chapter 706; provided that the environmental court, in addition to any term of imprisonment or any other terms and conditions of probation, shall order the defendant to pay a fine of not less than $1,000. Notwithstanding section 706-669 and any other law to the contrary, any person in violation of section 188-23(b), as a first offense, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole of thirty days. Repeat offenders shall be sentenced pursuant to chapter 706.  (c) The environmental 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 environmental court may direct 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 1981, c 85, §77; am L 1988, c 374, §2; am L 1993, c 256, §4; am L 1999, c 195, §6; am L 2009, c 92, §3; am L 2014, c 218, §8; am L 2016, c 67, §2; am L 2017, c 12, §10; am L 2021, c 51, §3] Cross References  General administrative penalties, see §187A-12.5. Case Notes  As sentencing court limited to alternatives expressly enumerated in this section and probation not an enumerated alternative, offense of fishing with gill nets under §188-30.2 nonprobationable; thus, under §853-4(5), deferred acceptance of no contest plea not allowed for that offense. 87 H. 102, 952 P.2d 390.
HI Rev Stat § 188-71 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188. Fishing Rights and Regulations|188-71 Harassment of fishermen; prohibition.

  §188-71 Harassment of fishermen; prohibition. (a) No person shall intentionally prevent or attempt to prevent the lawful taking of fish by a person licensed pursuant to section 188-50 by:  (1) Placing the person's self in a location in which human presence may affect the behavior of fish to be taken or the feasibility of taking such fish;  (2) Creating a visual, aural, olfactory, or physical stimulus to affect the behavior of fish to be taken;  (3) Affecting the condition or placement of personal property intended for use in the taking; or  (4) Obstructing the person's access to areas in which the person intends to lawfully take fish.  (b) No person shall enter or remain upon public lands or waters, or upon private lands or waters, without permission of the owner or the owner's agent, with intent to violate this section.  (c) The maximum penalty for violation of subsection (a) or (b) is a fine of $500, thirty days imprisonment, or both. [L 1995, c 186, §2] Cross References  General administrative penalties, see §187A-12.5.
HI Rev Stat § 188F-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188F. West Hawaii Regional Fishery Management Area|188F-1 Definitions.

  §188F-1 Definitions. As used in this chapter, unless the context requires otherwise:  "Department" means the department of land and natural resources.  "Management area" means the West Hawaii regional fishery management area established in section 188F-2.  "Plan" means the West Hawaii regional fishery management area plan established in section 188F-4. [L 1998, c 306, pt of §2]
HI Rev Stat § 188F-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188F. West Hawaii Regional Fishery Management Area|188F-2 West Hawaii regional fishery management area; establishment.

  §188F-2 West Hawaii regional fishery management area; establishment. The department of land and natural resources shall establish the West Hawaii regional fishery management area to improve the management of consumptive and nonconsumptive uses of aquatic resources encompassing the regional ocean area on the west coast of Hawaii Island, from Ka Lae, Kau (South Point) to Upolu Point, North Kohala, but not including Kawaihae commercial harbor. [L 1998, c 306, pt of §2]
HI Rev Stat § 188F-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188F. West Hawaii Regional Fishery Management Area|188F-3 West Hawaii regional fishery management area; purpose.

  §188F-3  West Hawaii regional fishery management area; purpose. The purpose of the West Hawaii regional fishery management area shall be to:  (1) Ensure the sustainability of the State's nearshore ocean resources;  (2) Identify areas with resource and use conflicts;  (3) Provide management plans as well as implementing regulations for minimizing user conflicts and resource depletion, through the designation of sections of coastal waters in the West Hawaii regional fishery management area as fish replenishment areas where certain specified fish harvesting activities are prohibited, and other areas where anchoring and ocean recreation activities are restricted;  (4) Establish a system of day-use mooring buoys in high-use coral reef areas and limit anchoring in some of these areas to prevent anchor damage to corals;  (5) Identify areas and resources of statewide significance for protection;  (6) Carry out scientific research and monitoring of the nearshore resources and environment; and  (7) Provide for substantive involvement of the community in resource management decisions for this area through facilitated dialogues with community residents and resource users. [L 1998, c 306, pt of §2]
HI Rev Stat § 188F-4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188F. West Hawaii Regional Fishery Management Area|188F-4 West Hawaii regional fishery management area plan.

  §188F-4 West Hawaii regional fishery management area plan. The department shall develop a West Hawaii regional fishery management area plan that identifies and designates appropriate areas of the management area as follows:  (1) Designates a minimum of thirty per cent of coastal waters in the West Hawaii regional fishery management area as fish replenishment areas in which aquarium fish collection is prohibited;  (2) Establishes a day-use mooring buoy system along the coastline of the West Hawaii regional fishery management area and designates some high-use areas where no anchoring is allowed;  (3) Establishes a portion of the fish replenishment areas as fish reserves where no fishing of reef-dwelling fish is allowed; and  (4) Designates areas where the use of gill nets as set nets shall be prohibited. [L 1998, c 306, pt of §2]
HI Rev Stat § 188F-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188F. West Hawaii Regional Fishery Management Area|188F-5 Review.

  §188F-5 Review. A review of the effectiveness of the West Hawaii regional fishery management area plan shall be conducted every five years by the department of land and natural resources, in cooperation with the University of Hawaii. The department shall submit a report of its findings and recommendations based on the review to the legislature no later than twenty days before the convening of the regular session following the review. [L 1998, c 306, pt of §2]
HI Rev Stat § 188F-6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|188F. West Hawaii Regional Fishery Management Area|188F-6 Rules.

  §188F-6 Rules. The department shall adopt rules to effectuate the purposes of this chapter in accordance with chapter 91. [L 1998, c 306, pt of §2]
HI Rev Stat § 189-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|189. Commercial Fishing|189-1 REPEALED.

  §189-1 REPEALED. L 1981, c 85, §78.
HI Rev Stat § 189-1.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|189. Commercial Fishing|189-1.5 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, §3]

  §189-1.5 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, §3]