reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-9 Obstructing the administrator or managers; penalty.

§185-9 Obstructing the administrator or managers; penalty.
Any person who obstructs or interferes with or prevents the administrator or any manager or any person in the performance of any duty authorized by this chapter shall be fined not less than $500 nor more than $2,000. [L 1953, c 100, §12; RL 1955, §19-60; HRS §185-10; ren and am L 1974, c 64, pt of §1; am L 1994, c 140, §9]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 186. Tree Farms › 186-1 Definitions.

§186-1 Definitions.
When used herein:
"Board" means the board of land and natural resources.
"Department" means the department of land and natural resources.
"Owner" shall include any person leasing the real property of another under a lease having a stated term of not less than thirty years.
"Stumpage value" means the value that a willing buyer will pay to a willing seller per thousand board feet for trees standing and uncut. This value shall not include logging costs. [L 1963, c 141, §2; Supp, §87D-2; HRS §186-1]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 186. Tree Farms › 186-2 Eligibility.

§186-2 Eligibility.
(a) Any property of not less than ten acres:
(1) Included within the agricultural district pursuant to section 205-2; or
(2) Included within the conservation district and zoned for commercial forest use;
is eligible for classification as tree farm property if it is suited for the raising of commercial tree species and other forest products in quantity sufficient to establish a business in the sale thereof.
(b) Property on which the owner is already growing trees of commercial species and other forest products in quantity sufficient to establish a business in the sale thereof under good forestry management practices and which the owner agrees to manage in accordance with a management plan approved by the board is eligible for classification as tree farm property. Additional noncontiguous property of five acres or more, under the same ownership and in the same vicinity, is also eligible for classification along with the main acreage sought to be classified. No real property under a lease having an unexpired term of less than twenty years is eligible for classification as tree farm property. [L 1963, c 141, §3; Supp, §87D-3; HRS §186-2; am L 1989, c 50, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 186. Tree Farms › 186-3 Applications; management plans.

§186-3 Applications; management plans.
(a) The owner of any property which complies with the requirements specified in section 186-2 may apply to the board for classification of the owner's property as tree farm property. The application shall comply with rules adopted by the department to implement this section and shall include any additional information required by the board. The application shall be signed by all persons having an interest in or holding any encumbrance upon the property and shall state that all of them will comply with the management plan upon its approval.
(b) All public hearings required by statute or rules of the department shall be held before any management plan is approved. The management plan shall be available to the public not less than thirty days before approval. Notice of its availability shall be published in the bulletin of the office of planning and sustainable development. The plan shall be reviewed periodically by the board or its employees or authorized agents at intervals of no more than every five years. The review shall determine whether the owner has met the objectives in the management plan. The board may approve or require in consultation with the landowner alteration of the management plan to adapt to current conditions. [L 1963, c 141, §4; Supp, §87D-4; HRS §186-3; gen ch 1985; am L 1989, c 50, §2; am L 1994, c 207, §2; am L 2021, c 152, §16 and c 153, §9]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 186. Tree Farms › 186-4 Classification; rules.

§186-4 Classification; rules.
(a) If the board finds that the property identified in the application is suited for the raising of commercial tree species and other forest products in quantity sufficient to establish a business in the sale thereof, and that the use will not have a significant negative effect on a native forest ecosystem, the property may be classified by the board as tree farm property.
(b) The board shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter to include procedures, conditions, and fees for establishing tree farms. [L 1963, c 141, §5; Supp, §87D-5; HRS §186-4; am L 1969, c 170, §32; am L 1975, c 157, §29; am L 1989, c 50, §3; am L 1994, c 207, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 186. Tree Farms › 186-5 Agreement with owner.

§186-5 Agreement with owner.
Upon classification, the board shall be responsible for preparing, executing, and administering an agreement with the applicant and others having an interest in or encumbrance upon the tree farm property. The agreement shall be for a period of not less than twenty years but shall contain, inter alia, the following conditions:
(1) The agreement shall be canceled and terminated and the tree farm property shall thereby be declassified if, upon investigation, the board determines that the owner of the property is not complying with this chapter or the management plan;
(2) Any owner of tree farm property desiring to withdraw all or part of the property from the operations of this chapter may at any time make written application to the board;
(3) The owner shall develop and maintain trees of commercial species and other forest products as specified in the management plan.
The agreement shall also contain other terms and conditions deemed advisable by the board. [L 1963, c 141, §6; Supp, §87D-6; HRS §186-5; am L 1989, c 50, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 186. Tree Farms › 186-5.5 Right to harvest.

§186-5.5 Right to harvest.
(a) The owner of land shall have the right to harvest new trees generated according to a management plan approved by the department on lands within the agricultural district as provided by section 186-2(a)(1), or on degraded forest and pasture lands within the conservation district and zoned for commercial forest use as provided by section 186-2(a)(2); provided that this right shall be subject to the power of the State to protect health, safety, and welfare.
(b) The State's liability as a result of the right to harvest new trees shall be limited to actions taken only by the State and shall not extend to any private property rights.
(c) As used in this section, "degraded forests" means areas which have had considerable disturbance, are altered from their natural state, and contain less than twenty per cent crown canopy of native tree species. [L 1994, c 207, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 186. Tree Farms › 186-6 Development and maintenance of tree farm property.

§186-6 Development and maintenance of tree farm property.
The applicant shall implement the tree farm management plan according to the schedule set forth in the plan. If the board determines that a satisfactory crop has not been established within the schedule set forth in the management plan, the property shall be declassified from its status as tree farm property. [L 1963, c 141, §7; Supp, §87D-7; HRS §186-6; am L 1989, c 50, §5]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 186. Tree Farms › 186-11 Additional lands.

§186-11 Additional lands.
An owner of land may at any time apply to the board to have more acreage classified as tree farm property subject either to a new agreement or to the original agreement. [L 1963, c 141, §12; Supp, §87D-12; HRS §186-11; am L 1989, c 50, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-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, §1]

§187A-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, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-1.6 Applicability of statutes and rules.

§187A-1.6 Applicability of statutes and rules.
This subtitle and any rules under this subtitle relating to fishing which are applicable to state marine waters shall also apply to the following persons in waters outside state marine waters but within the federal conservation zone:
(1) Residents of the State;
(2) Any commercial marine licensee; and
(3) Any permittee or licensee under this subtitle. [L 1991, c 160, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-2 Powers and duties of department.

§187A-2 Powers and duties of department.
The department shall:
(1) Manage and administer the aquatic life and aquatic resources of the State;
(2) Establish and maintain aquatic life propagating station or stations;
(3) Establish, manage, and regulate public fishing areas, artificial reefs, fish aggregating devices, marine life conservation districts, shoreline fishery management areas, refuges, and other areas pursuant to title 12;
(4) Subject to this title, import aquatic life for the purpose of propagating and disseminating the same in the State and the waters subject to its jurisdiction;
(5) Distribute, free of charge, as the department deems to be in the public interest, aquatic life, for the purpose of increasing the food supply of the State; provided that when, in the discretion of the department, the public interest shall not be materially interfered with by so doing, the department may propagate and furnish aquatic life to private parties, upon such reasonable terms, conditions, and prices determined by the department;
(6) Gather and compile information and statistics concerning the habitat and character of, and increase and decrease in, aquatic resources in the State, including the care and propagation of aquatic resources for protective, productive, and aesthetic purposes, and other useful information, which the department deems proper;
(7) Enforce all laws relating to the protecting, taking, killing, propagating, or increasing of aquatic life within the State and the waters subject to its jurisdiction; and
(8) Formulate and from time to time recommend to the governor and legislature such additional legislation necessary or desirable to implement the objectives of title 12. [L 1985, c 94, pt of §1; am L 1998, c 176, §7]
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 (2006).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-3.5 Aquaculturist license and license to sell prohibited aquatic life.

§187A-3.5 Aquaculturist license and license to sell prohibited aquatic life.
(a) Notwithstanding the provisions in subtitle 5 of title 12, or administrative rules adopted thereunder, the department may issue to any qualified aquaculturist a license to fish, possess, rear, and sell any aquatic life whose fishing, possession or sale is prohibited by closed season, minimum size, or bag limit; provided that the qualified aquaculturist rears or reared the aquatic life in an aquaculture facility.
(b) The department may further issue to any person a license to possess or sell or offer for sale any aquatic life whose possession or sale is prohibited by a closed season, minimum size, or bag limit; provided that the aquatic life was reared by a licensed qualified aquaculturist in an aquaculture facility pursuant to subsection (a).
(c) The department may adopt rules pursuant to chapter 91, to implement this section by establishing the licenses, fees, and terms or conditions necessary for the fishing, possession, or sale of aquatic life whose fishing, possession, or sale is prohibited by closed season, minimum size, or bag limit. [L 1995, c 111, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-4 Administrator.

§187A-4 Administrator.
The board shall appoint an administrator of aquatic resources who shall have charge, direction, and control of all matters relating to aquatic resources management, conservation, and development activities under this title, and such other matters as the board may direct. The administrator shall be trained and educated in natural resource management. [L 1985, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-6 Special activity permits.

§187A-6 Special activity permits.
(a) Notwithstanding the provisions of any other law, the department may take aquatic life or possess or use any fishing gear for scientific, educational, management, or propagation purposes, for removal of aquatic species, or for implementing the powers and duties as described by section 187A-2; subject to chapter 195D. The department shall consider using chemicals or electrofishing devices only when it has determined that no other reasonable alternative would be appropriate. The application of chemicals or operation of electrofishing devices shall be in accordance with established procedures and with the proper training to ensure that the intended results are achieved.
(b) Notwithstanding the provisions of any other law, the department may issue permits, not longer than one year in duration, to any person to take aquatic life, possess or use fishing gear, or engage in any feeding, watching, or other such non-consumptive activity related to aquatic resources, otherwise prohibited by law, in any part of the State, for scientific, educational, management, or propagation purposes, subject to chapter 195D and subject to those restrictions the department deems desirable. 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.
(c) The department may adopt rules pursuant to chapter 91 for the purpose of this section.
(d) For the purposes of this section, unless the context clearly indicates otherwise:
"Fishing gear" means any device, including the use of any chemical or electricity that is either designed to take aquatic life or could be used to take aquatic life. [L 1985, c 94, pt of §1; am L 1991, c 160, §3; am L 1992, c 96, §1; am L 2002, c 96, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-6.5 Release and confiscation of harmful aquatic life.

§187A-6.5 Release and confiscation of harmful aquatic life.
(a) No person shall release any live non-native fish or other live non-native aquatic life being held in an aquarium or other confinement for scientific study, exhibition, display, sale, or for any other purpose, into any waters of the State, except as provided in section 187A-2(4).
(b) The department or its agents may seize, confiscate, or destroy, as a public nuisance, any fish or other aquatic life found in any waters of the State and whose importation is prohibited or restricted pursuant to rules of the department of agriculture. [L 1993, c 256, §1; am L 1999, c 195, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-7 Expenditures.

§187A-7 Expenditures.
(a) The department may expend all appropriations made for the purpose of effectuating the objects of title 12.
(b) To further the purposes of title 12, the department may:
(1) Use lands set apart for the department's use by the governor; and
(2) Accept gifts and contributions or enter into contracts. Gifts and contributions may be accepted from, or contracts entered into with, public or private agencies or individuals. Any gifts and contributions accepted under this section to benefit sport fish or sport fishing shall be subject to the requirements specified under section 187A-9.5.
(c) All expenditures by the department shall be approved and certified by the board. [L 1985, c 94, pt of §1; am L 1993, c 143, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-8 Cooperation with other governmental authorities.

§187A-8 Cooperation with other governmental authorities.
The department shall endeavor to secure the cooperation and assistance of and shall cooperate with the appropriate agency of the United States or other governmental authorities having an interest in the subject matter of title 12, in every way possible, for the promotion of the purposes of title 12. More specifically, the department may permit the appropriate agency of the United States or other governmental authorities to occupy any land or building and use any appliance, apparatus, or property held or controlled by the department, either independently or in conjunction with the department, upon such terms and conditions as the department and the agency may mutually agree. [L 1985, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-9 Federal aid in sport fish restoration.

§187A-9
Federal aid in sport fish restoration.
The State hereby assents to the provisions of the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act (64 Stat. 430, 16 U.S.C. §777), as amended. The department shall perform those acts as may be necessary to the conduct and establishment of cooperative aquatic life restoration, management, development, aquatic education, and recreational boating access projects, as defined in the Act of Congress and in compliance with the Act and regulations adopted by the Secretary of the Interior thereunder; provided that federal aid funds granted under the Act shall be used for the purposes of approved projects, and no funds accruing to the State from license fees paid by sport fishers, including any interest, dividend, or other income earned from the license fees, shall be diverted for any purpose other than as provided for in the Act and regulations adopted pursuant thereto. [L 1985, c 94, pt of §1; am L 1993, c 143, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-10 Agents to sell licenses.

§187A-10 Agents to sell licenses.
(a) The department may designate agents to sell fishing licenses in accordance with this section. Agents shall report all sales of licenses to the department monthly and not later than the fifteenth day of the month following the month covered by the report. Wilful failure to make a report shall be cause for cancellation of the agency and upon the cancellation a full accounting and settlement for all licenses shall be made forthwith. All fees collected shall be remitted to the department at the same time as the report of license sales is made. If the agents prepay for the licenses, then the fees collected shall be retained by agents, rather than remitted to the department.
(b) Agents shall receive ten per cent of the value of licenses sold. All reports on license sales shall be made on forms supplied by the department. The duly authorized agents of the department may administer oaths as required in license applications. Chapter 40 shall not apply to the agents. [L 1985, c 94, pt of §1; am L 1987, c 93, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-12 University of Hawaii may use land, etc.

§187A-12 University of Hawaii may use land, etc.
The University of Hawaii shall have the privilege, free of charge, of using the land, buildings, apparatus, and appliances of the department for the purposes of a biological laboratory and for research and investigation in connection therewith, so far as the same can be done without material interference with the use of the same as an aquatic life propagation station or for other aquatic-resources activities. The university shall render to the department, in return therefor, such assistance as is reasonably practicable, in connection with the aquatic life propagation station or for other aquatic-resources activities, and as may be mutually agreed upon. [L 1985, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-12.4 Misrepresentation or false statement in receipts and reports.

§187A-12.4 Misrepresentation or false statement in receipts and reports.
Any person who knowingly misrepresents any material fact or makes a false statement in any document required by subtitle 5 of title 12, or any rule adopted thereunder, shall be guilty of a petty misdemeanor and punished as provided by law. [L 1999, c 195, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-12.5 General administrative penalties.

§187A-12.5 General administrative penalties.
(a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of subtitle 5 of title 12 or any rule adopted thereunder.
(b) For violations involving threatened or endangered species, the administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $5,000;
(2) For a second violation within five years of a previous violation, a fine of not more than $10,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $15,000.
(c) For all other violations the administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $1,000;
(2) For a second violation within five years of a previous violation, a fine of not more than $2,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $3,000.
(d) A fine in addition to the fine under subsection (b) may be levied for each specimen of threatened or endangered aquatic life taken, killed, or injured in violation of subtitle 5 of title 12 or any rule adopted thereunder as follows:
(1) For a first violation, up to $5,000 or the retail market value of the specimen, whichever is higher;
(2) For a second violation, up to $10,000 or the retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent violation, up to $15,000 or the retail market value of the specimen, whichever is higher.
(e) A fine in addition to the fine under subsection (c) may be levied for each specimen of all other aquatic life taken, killed, or injured in violation of subtitle 5 of title 12 or any rule adopted thereunder as follows:
(1) For a first violation, up to $1,000 or the retail market value of the specimen, whichever is higher;
(2) For a second violation, up to $2,000 or the retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent violation, up to $3,000 or the retail market value of the specimen, whichever is higher.
(f) Any criminal penalty for any violation of subtitle 5 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from recovering additional administrative fines, fees, and costs, including attorney's fees and costs. [L 1998, c 243, §1; am L 2022, c 35, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-13 General penalty; community service.

§187A-13 General penalty; community service.
(a) Any person violating this chapter or any rule adopted thereunder for which a penalty is not otherwise provided, shall be guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined 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.
(b) A fine in addition to the fine under subsection (a) may be levied for each specimen of aquatic life taken, killed, or injured in violation of this chapter or any rule adopted thereunder as follows:
(1) For a first offense, up to $250 or the retail market value of the specimen, whichever is higher;
(2) For a second offense, up to $500 or the retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent offense, up to $1,000 or the retail market value of the specimen, whichever is higher.
(c) The court may require the defendant to complete an aquatic resources educational class administered by the department in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.
(d) The court may direct the defendant to perform community service as administered by the department in lieu of paying any monetary fine authorized by this section; provided that if community service is ordered pursuant to this subsection, the department may recommend to the court an order of community service that benefits the resource that was damaged.
(e) The department may recommend to the court that the defendant be sentenced to probation with probationary terms and conditions consistent with sections 706-623 and 706-624, including but not limited to restrictions on:
(1) Entering specific geographical areas within waters of the State where aquatic resources may be found, including ocean waters, estuaries, rivers, and streams;
(2) Engaging in certain fishing activities;
(3) Handling, operating, or possessing certain fishing gear or boating equipment; and
(4) Taking or possessing certain species of aquatic life. [L 1985, c 94, pt of §1; am L 1999, c 195, §3; am L 2016, c 67, §1; am L 2022, c 35, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-14 Informer's fee.

§187A-14 Informer's fee.
One-half of the fine imposed and collected in all cases wherein the defendant has been convicted for a violation of subtitle 5 of title 12 or any rule adopted thereunder shall be paid to the person giving the information leading to the arrest of the person so convicted; provided that this section shall not apply if the informer is a regular salaried sheriff, deputy sheriff, police officer, warden or constable, or officer or agent of the department. [L 1985, c 94, pt of §1; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1999, c 195, §4]
2023 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]
2023 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 (2006).
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 187A. Aquatic Resources › 187A-41 Aquatic mitigation banking and aquatic in-lieu fee mitigation.

Note
Part heading amended by L 2022, c 32, §2.
§187A-41 Aquatic mitigation banking and aquatic in-lieu fee mitigation.
The department may establish and operate aquatic mitigation banks and aquatic in-lieu fee mitigation programs for the purpose of restoring, creating, enhancing, preserving, or any combination thereof, aquatic habitats or resources where a person is required to provide compensatory mitigation either for:
(1) Prospective damages to aquatic habitats or resources where the use of aquatic mitigation banking or aquatic in-lieu fee mitigation is approved by the agency requiring mitigation; or
(2) Past damages to aquatic habitats or resources. [L 2016, c 211, pt of §2; am L 2022, c 32, §3]
2023 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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 188. Fishing Rights and Regulations › 188-21 and 188-22 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 (2006).
§ §188-21 and 188-22 REPEALED.
L 1981, c 85, § §31, 32.
2023 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]
2023 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 (2008).
Method is Irrelevant: Allowing Native Hawaiian Traditional and Customary Subsistence Fishing to Thrive. 32 UH L. Rev. 203 (2009).
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).
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 188. Fishing Rights and Regulations › 188-23.5 Possession or use of unmanned aerial vehicles on, in, or near state marine waters prohibited; exception.

§188-23.5 Possession or use of unmanned aerial vehicles on, in, or near state marine waters prohibited; exception.
(a) It is unlawful to possess or use on, in, or near state marine waters, any unmanned aerial vehicles, for the purpose of taking aquatic life, except under the terms and conditions of a permit first obtained by the user from the department of land and natural resources; provided that unmanned aerial vehicles may be used for the purpose of simple reconnaissance. The department of land and natural resources may issue permits for the possession or use of unmanned aerial vehicles consistent with other legal requirements.
(b) As used in this section, "unmanned aerial vehicle" means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle. [L 2022, c 207, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 188. Fishing Rights and Regulations › 188-28.5 to 188-30.5 REPEALED.

§ §188-28.5 to 188-30.5 REPEALED.
L 1999, c 85, § §6 to 11, 17; L 2002, c 151, §1.
2023 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]
2023 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]
2023 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 (2006).
2023 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 (2006).
2023 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.