reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 188. Fishing Rights and Regulations › 188-39.5 Rays; hÄ«hÄ«manu; hÄhÄlua; hailepo; lupe; prohibitions, penalties, and fines.

§188-39.5 Rays; hÄ«hÄ«manu; hÄhÄlua; hailepo; lupe; prohibitions, penalties, and fines.
(a) Except as provided in subsection (e), no person shall knowingly capture, take, possess, abuse, or entangle a ray, whether alive or dead, or kill any ray, within state marine waters.
(b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor and shall be fined:
(1) $500 for a first offense;
(2) $2,000 for a second offense; and
(3) $10,000 for a third or subsequent offense.
(c) In addition to any other penalty imposed under this section, a person violating this section shall be subject to:
(1) An administrative fine of not more than $10,000 for each ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section;
(2) Seizure and forfeiture of any captured rays, commercial marine license, vessel, and fishing equipment; and
(3) Assessment of administrative fees and costs and attorney's fees and costs.
(d) The criminal penalties and administrative fines and costs shall be assessed per ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section.
(e) This section shall not apply to special activity permits allowed under section 187A-6 or research permits authorized by law; provided that the permit issued does not allow a take that exceeds the potential biological removal level; and provided further that the department shall adopt rules pursuant to chapter 91 to define a "take" and determine when a take exceeds the potential biological removal level.
(f) Nothing in this section shall be construed to restrict the exercise of traditional and customary rights protected pursuant to article XII, section 7, of the state constitution.
(g) For the purposes of this section, "ray" means any species of ray within the subclass elasmobranchii. [L 2009, c 92, §2; am L 2019, c 252, §1]
2023 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]
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 188. Fishing Rights and Regulations › 188-54, 188-54.1, 188-54.2, 188-55, and 188-56 REPEALED.

§ §188-54, 188-54.1, 188-54.2, 188-55, and 188-56 REPEALED.
L 1981, c 85, § §61 to 65.
2023 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.
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-2 Commercial marine license and commercial marine vessel license.

§189-2 Commercial marine license and commercial marine vessel license.
(a) No person shall take marine life for commercial purposes whether the marine life is caught or taken within or outside of the State, without first obtaining a commercial marine license as provided in this section; provided that a single valid commercial marine vessel license shall satisfy the commercial marine license requirement for all persons taking marine life for commercial purposes aboard a validly-licensed vessel. If a Hawaii longline vessel satisfies the commercial marine license requirement by obtaining a single commercial marine vessel license, the commercial marine vessel licensee shall file an annual report with the department that contains the following information: identity, nationality, arrival date, and departure date of the crew members.
(b) Any person providing charter services in the State for the taking of marine life in or outside of the State shall obtain a commercial marine license.
(c) Any vessel used for or engaged in the taking of marine life for commercial purposes shall be eligible to obtain a commercial marine vessel license.
(d) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this section and to set fees for commercial marine and commercial marine vessel licenses.
(e) The fees for commercial marine and commercial marine vessel licenses and duplicate commercial marine and commercial marine vessel licenses shall be established by the department by rules adopted in accordance with chapter 91.
(f) The department shall suspend, shall refuse to renew, reinstate, or restore, or shall deny any license issued under this section if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, reinstate, or restore an affected license only upon receipt of authorization from the child support enforcement agency, the office of child support hearings, or the family court. [L 1929, c 187, §2; RL 1935, §331; RL 1945, §1257; am L 1947, c 39, §2; am L 1949, c 272, §2; am L 1955, c 96, §3; RL 1955, §21-111; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-2; am L 1977, c 128, §2; am L 1981, c 85, §79; am L 1985, c 242, §2; am L 1988, c 117, §3; am L 1998, c 83, §1; am L 1999, c 9, §1; am L 2002, c 86, §6; am L 2003, c 133, §4; am L 2019, c 279, §1; am L 2021, c 43, §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
Attorney General Opinions
Public disclosure of commercial marine licenses not permitted, but disclosure of some information allowed. Att. Gen. Op. 85-23.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-2.4 Commercial fisheries special fund.

§189-2.4 Commercial fisheries special fund.
(a) There is established in the treasury of the State a special fund to be known as the commercial fisheries special fund which shall be administered by the department.
(b) The following revenues shall be deposited into the commercial fisheries special fund:
(1) Moneys collected as fees for licenses and permits related to commercial fishing and the sale of aquatic life, use of public fishing grounds for commercial fishing purposes, and use of commercial fisheries-related facilities;
(2) Moneys collected under the provision of any law or rule related to the importation, rearing, fishing, taking, catching, or killing of any aquatic life for commercial purposes;
(3) Moneys, other than informers' fees authorized under section 187A-14, collected as fines or bail forfeitures or administrative fines for violations of this chapter;
(4) Moneys collected from the sale of any article purchased from the department related to aquatic life used for commercial purposes or fishing for commercial purposes;
(5) Any monetary contributions or moneys collected from the sale of nonmonetary gifts to benefit aquatic life used for commercial purposes or fishing for commercial purposes; and
(6) Moneys derived from interest, dividend, or other income from the above sources.
(c) The commercial fisheries special fund shall be used for the following:
(1) Programs and activities for projects concerning aquatic life used for commercial purposes;
(2) Developing and conducting resource monitoring programs, conducting studies to determine the sustainable use of aquatic life for commercial purposes, and developing recommendations for acceptable levels of use;
(3) Research programs and activities concerning the conservation and management of aquatic life for commercial purposes;
(4) Programs and activities concerning the importation and management, preservation, propagation, enforcement, and protection of aquatic life used for commercial purposes; and
(5) Payroll for personnel of the department or the awarding of grants-in-aid to or contracts with the University of Hawaii or other qualified organizations or individuals to develop or implement the programs and activities for the conservation and management of aquatic life for commercial purposes.
(d) The proceeds of the commercial fisheries special fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or instruments of indebtedness.
(e) Nothing in this section shall be construed to prohibit the use of general funds or the funds of other programs and activities to implement or enforce title 12, subtitle 5, concerning management and conservation of aquatic life used for commercial purposes. [L 2000, c 121, §1; am L 2002, c 86, §7]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-3 Monthly catch report.

§189-3 Monthly catch report.
(a) Upon the demand of the department, every commercial marine licensee shall furnish to the department a report or reports with respect to the marine life taken and any other information the department may require for the purposes of this section.
(b) Any information submitted to the department by any person in compliance with any requirement under this section shall be confidential and shall not be disclosed, except when required under court order or pursuant to subpoena issued by the department of the attorney general, or with the prior written consent of the person submitting the information, or under cooperative agreements with government agencies of the United States for exchange and use of the information specifically to manage marine life. The department, by rule, may establish procedures necessary to preserve the confidentiality, except that the department may release or make public any of the information in the aggregate or summary form which does not directly or indirectly disclose the identity of any person who submits information. [L 1929, c 187, §4; RL 1935, §333; RL 1945, §1258; am L 1947, c 39, §3; am L 1949, c 272, §3; am L 1955, c 96, §4; RL 1955, §21-112; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-3; am L 1981, c 85, §80; am L 1985, c 113, §1; am L 1999, c 9, §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-3.5 Catch report; shared jurisdiction of fisheries.

§189-3.5 Catch report; shared jurisdiction of fisheries.
(a) Where there is a shared jurisdiction between the state and federal government over a fishery, the department shall adopt rules necessary to effectuate the federal requirements.
(b) Any information submitted to the department by any person in compliance with any requirement under this section shall be confidential and shall not be disclosed, except when required under court order or pursuant to subpoena issued by the department of the attorney general, or with the prior written consent of the person who submitted the information, or under cooperative agreements with government agencies of the United States for exchange and use of the information specifically to manage marine life. The department, by rule, may establish procedures necessary to preserve the confidentiality, except that the department may release or make public any information in the aggregate or summary form which does not directly or indirectly disclose the identity of any person who submits information.
(c) This section shall not apply to the Papahanaumokuakea Marine National Monument. [L 2008, c 113, §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-4 Penalties.

§189-4 Penalties.
(a) Any person violating any of the provisions of this chapter for which a penalty is not otherwise provided, or any rule of the department adopted thereunder, shall be guilty of a petty misdemeanor and punishable as provided in subsection (b); provided that in the case of a corporation violating any of the provisions, only the fine shall be imposed, but any officer of the corporation who wilfully procures or permits the violation of the provisions by the corporation shall be punishable as in the case of an individual violating the same.
(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) A fine in addition to the fine under subsection (b) may be levied for each specimen of aquatic life taken, killed, injured, or sold 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.
(d) The fines specified in this section shall not be suspended or waived.
(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 1929, c 187, §5; RL 1935, §334; RL 1945, §1259; am L 1947, c 39, §5; am L 1949, c 272, §5; am L 1955, c 96, §5; RL 1955, §21-114; HRS §189-4; am L 1981, c 85, §81; am L 1999, c 195, §7; am L 2022, c 35, §5]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-5 Aliens not admitted to United States.

§189-5 Aliens not admitted to United States.
It is unlawful for any person who has not been lawfully admitted to the United States to engage in taking marine life for commercial purposes in the waters of the State. The term "United States" as used in this section, includes the several states and the territories and possessions of the United States. [L 1929, c 187, §7; RL 1935, §336; RL 1945, §1260; am L 1947, c 39, §6; am L 1955, c 96, §6; RL 1955, §21-115; HRS §189-5; am L 1981, c 85, §82]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-6 Licenses for marine life from waters not within state jurisdiction.

§189-6 Licenses for marine life from waters not within state jurisdiction.
Any other provision of law to the contrary notwithstanding, wherever the possession or sale of marine life or products within the State is prohibited as for instance by a closed season, the prohibition shall not apply where the marine life or products have been taken from or caught outside of the waters of the State and the possession or sale has been licensed by the department of land and natural resources under rules adopted by the department. The department may make rules pursuant to chapter 91 governing the issuance, suspension, and revocation and all other terms of the licenses. In addition, the department may specify in the rules that any berried, undersized, or out-of-season lobsters taken from the waters of the Northwestern Hawaiian Islands may not be possessed and sold under authority of the license. [L 1929, c 187, §8; RL 1935, §337; RL 1945, §1261; am L 1947, c 39, §7; am L 1955, c 96, §7; RL 1955, §21-116; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-6; am L 1981, c 85, §83; am L 1999, c 234, §1]
Cross References
Fishing in Northwestern Hawaiian Islands, see §188-37.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-10 Commercial marine dealers.

§189-10 Commercial marine dealers.
(a) The department may require a license of any commercial marine dealer to sell or offer for sale, to purchase or attempt to purchase, to exchange, or to act as an agent in the transfer of, any marine life taken within the jurisdiction of the State for commercial purposes. It is unlawful for any commercial marine dealer to sell or offer for sale, to purchase or attempt to purchase, to exchange, or to act as an agent in the transfer of, any marine life taken within the jurisdiction of the State for commercial purpose, that is obtained from any person whom the department has required to have, but does not have, a valid commercial marine license, commercial marine dealer license, or other license or permit authorizing such sale, purchase, exchange, or transfer for commercial purpose.
(b) The department may require a license of any person to export any marine life taken within the jurisdiction of the State for commercial purpose.
(c) Upon the written demand of the department, a commercial marine dealer shall render to the department a true and correct statement showing the name of the commercial marine dealer; year; month; day; weight; number; value of each of the species of marine life purchased, transferred, exchanged, or sold during the previous month; name and current license number of the commercial marine licensee from whom the marine life was obtained; and such other information as the department may require.
(d) The department may require any term or condition of the licenses issued pursuant to this section, including, but not limited to, reports, fees and exemptions. The department may adopt rules pursuant to chapter 91 for the purposes of this section. [L 1925, c 202, §1; am L 1929, c 115, §1; RL 1935, §380; RL 1945, §1265; am L 1945, c 24, §1; RL 1955, §21-122; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-10; am L 1981, c 85, §84; am L 1986, c 2, §1; am L 1997, c 307, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-11 Receipts in duplicate.

§189-11 Receipts in duplicate.
Every commercial marine dealer shall issue receipts to the person from whom marine life is obtained and shall provide the following information in the receipt:
(1) The date of the issuance;
(2) The name of the person to whom the receipt is issued;
(3) The following information with respect to each of the varieties of marine life as the department shall require including:
(A) The weight in pounds of each of the varieties received;
(B) The numbers of marine life when they average a pound or more; and
(C) The price per pound paid; and
(D) With regard to aquarium fish, regardless of weight, the number and species of the fishes; and
(4) The signature of the dealer who issues the receipt.
Any dealer taking the dealer's own marine life or handling any marine life taken by commercial marine licensees working for or with the dealer, shall make out the same receipt, giving market price for the marine life as prevails on the date of receipt. A duplicate copy of this receipt shall be kept on file at the premise where the marine life was sold by the dealer issuing the same for a period of twelve months from the date of issuance, and the duplicate copy shall be available for inspection upon the demand of any conservation officer authorized to enforce the laws of the State. [L 1925, c 202, §2; am L 1929, c 115, §2; RL 1935, §381; RL 1945, §1266; am L 1945, c 24, §2; RL 1955, §21-123; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-11; am L 1981, c 85, §85; gen ch 1985; am L 1986, c 2, §2; am L 1997, c 307, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-14 Rights of entry, penalties.

§189-14 Rights of entry, penalties.
The department may board any vessel, whether commercial or non-commercial, capable of being used in taking marine life, or enter any place of business where marine life is sold, stored, processed, cooked, canned, or cured, for purposes of investigation and inspection, and inspect any and all books and records containing account of the marine life taken, bought, or sold.
Any person who fails to permit an inspection as provided in this section, or who refuses to produce any book or record containing any information of the marine life taken, bought, or sold, and any person who interferes with any officer or agent of the department in the performance of the officer's or agent's duty as authorized in this section, shall be guilty of a petty misdemeanor and punished as provided by section 189-4. [L 1929, c 235, § §1, 2; RL 1935, §338; RL 1945, §1268; RL 1955, §21-126; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-14; am L 1981, c 85, §87; gen ch 1985; am L 1999, c 195, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-15 Authority.

§189-15 Authority.
The department of land and natural resources may promulgate and enforce rules concerning the use of fish aggregation devices deployed under the Statewide Fish Aggregating System. The rules may include provisions that prohibit attaching, mooring, or tying any boat or other watercraft to the fish aggregating devices, or boarding, defacing, damaging, removing or destroying such devices; provided that the department may engage in such activities as deemed necessary to enhance the fish aggregating system. [L 1981, c 80, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-21 Definitions.

Note
Part heading amended by L 1975, c 167, §4; L 1976, c 70, §1.
§189-21 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.
"Large fishing vessel" means any vessel five net tons and over designed to be used in the Hawaii commercial fisheries for 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.
"National Marine Fisheries Service" means the Financial Assistance Division, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce.
"SBA" means the Federal Small Business Administration. [L 1965, c 193, §2; Supp, §21-101; HRS §189-21; am L 1975, c 167, pt of §4; am L 1976, c 70, pt of §1; 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.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-22 Hawaii large fishing vessel purchase, construction, renovation, maintenance, and repair loan program.

§189-22 Hawaii large fishing vessel purchase, construction, renovation, maintenance, and repair loan program.
There is hereby created the Hawaii large fishing vessel purchase, construction, renovation, maintenance, and repair loan program which shall be administered by the director in accordance with the spirit and intent of this part. [L 1965, c 193, §3; Supp, §21-102; HRS §189-22; am L 1975, c 167, pt of §4; am L 1976, c 70, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-24 Functions, powers, and duties of director.

§189-24 Functions, powers, and duties of director.
In the 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 and, in so doing, be guided by requirements as set forth in Public Law 88-498.
(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, books, and records of an individual or enterprise who has applied for or has been granted a loan and to require the submission of progress and final reports.
(5) Adopt rules and regulations under chapter 91 to carry out this part. [L 1965, c 193, §5; Supp, §21-104; HRS §189-24; am L 1968, c 28, §2; am L 1975, c 167, pt of §4; am L 1976, c 70, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-25 Loans, terms, and restrictions.

§189-25 Loans, terms, and restrictions.
The department may make loans to individuals or businesses for the financing of the purchase, construction, renovation, maintenance, or repair of vessels. The loans may be made in conjunction with loans made by other financial institutions including the Financial Assistance Division of the National Marine Fisheries Service and the SBA. Where the loans made by the department are secured, such security may be subordinated to the loans made by other financial institutions, when subordination is required in order to obtain loans from the 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 of state funds shall exceed eighty per cent of the cost of purchase, construction, renovation, maintenance, or repair of a vessel.
(2) No loan for renovation, maintenance, or repair of a fishing vessel shall exceed $50,000 nor for a term exceeding ten years.
(3) No loan for purchase or construction of a fishing vessel shall be made for a term exceeding twenty years.
(4) Each loan shall bear simple interest at the rate of seven and one-half per cent a year.
(5) 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.
(6) In the event the State repossesses any vessel financed under this program, the repossessed vessel shall not be resold to the individual to whom the loan has been made, or to anyone with a financial interest in the vessel. [L 1965, c 193, §6; Supp, §21-105; HRS §189-25; am L 1968, c 28, §3; am L 1975, c 167, pt of §4; am L 1976, c 70, pt of §1]
Note
"Financial Assistance Division", National Marine Fisheries Service, now known as "Financial Services Division".
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-26 Reports.

§189-26 Reports.
The department shall make an annual report for the period ending December 31 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 calendar-year period covered by the report. [L 1965, c 193, §7; Supp, §21-106; HRS §189-26; am L 1975, c 167, pt of §4; am L 1976, c 70, pt of §1]
2023 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]
2023 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.
2023 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]