Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.4 - WEST HAWAI'I REGIONAL FISHERY MANAGEMENT AREA, HAWAI'I › Section 13-60.4-3 - Definitions

Current through June, 2024
As used in this chapter unless otherwise provided:
"Aquarium collecting gear" means any equipment or gear
					 adapted, designed, or commonly used to collect, capture or maintain aquatic
					 life alive in a state of captivity, including but not limited to hand nets,
					 fence or barrier nets, fiberglass, plastic, wood or metal 'tickle sticks'
					 (including spears or similar implements used to manipulate the movement of
					 aquarium fish or animals), catch buckets, keeps, baskets or venting
					 needles.
"Aquarium collecting vessel" means any motorized or
					 non-motorized vessel used by any person to collect, ferry, or scout for
					 aquarium fish or animals.
"Aquarium purposes" means to hold aquatic life alive in a
					 state of captivity, whether as pets, for scientific study, for public
					 exhibition, for public display, or for sale for these purposes. Aquatic life
					 collected under a valid aquarium permit may not be used for human consumption,
					 for bait, or for other consumptive purposes.
"Aquatic life" means any type or species of mammal, fish,
					 amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or
					 other animal that inhabits the freshwater or marine environment and includes
					 any part, product, egg, or offspring thereof; or freshwater or marine plants,
					 including seeds, roots, products, and other parts thereof.
"Commercial purpose" means the taking of aquatic life for
					 profit, gain, sale, purchase, barter, exchange, to offer for sale, or upon any
					 offer to purchase.
"Department" means the department of land and natural
					 resources.
"Deploy" means to place the specified gear in the water, in
					 whole or in part.
"Fish feeding" means deliberately introducing into the
					 water any food material, substance, or device used as an attractant, for any
					 purpose except catching and removing marine life.
"Fishing gear" means any net, spear, rod, reel,
					 hook-and-line, slurp gun, or any other equipment or gear adapted, designed, or
					 commonly used to take or capture aquatic life.
"Hook-and-line" means a fishing line to which one or more
					 hooks or other tackle are attached. A hook-and-line may include a fishing rod
					 or reel or both to deploy and retrieve the line, and the use of a landing net
					 to land hooked fish.
"Kona crab net" means a mesh net encircled by a rigid frame
					 no more than three feet in length in any direction.
"Lay net" means a panel of net mesh that is suspended
					 vertically in the water with the aid of a float line that supports the top edge
					 of the net upward towards the water surface and a lead line that keeps the
					 bottom edge of the net downward towards the ocean bottom.
"Lay net fishing" or to "lay net fish" means deploying or
					 attempting to deploy a lay net in a set location and in an open configuration,
					 and retrieving the lay net from the same location after a certain time period
					 has passed. This fishing method is also known as set netting, cross netting,
					 pa'ipa'i, and moemoe netting. This term does not apply to the use of a lay net
					 to completely encircle a pre-identified school of fish, where the net is
					 constantly attended at all times while in the water, such as in the practice of
					 surround netting.
"Marine reserve" means an area where any and all extraction
					 of reef-related marine life, either alive or dead, or any portion of the reef
					 structure, including coral, rocks, plants, algae, sand, shells, or any feature
					 of the natural reef, shall be prohibited, except as allowed in this
					 chapter.
"Multi-panel lay net" means a lay net consisting of two or
					 more layers of netting, usually of different mesh size. This gear is also known
					 as a trammel net.
"Natural fibers" means fibers derived wholly from plant
					 materials including, olona, linen, cotton, hemp, and sisal.
"SCUBA gear" means any equipment adapted, designed, or
					 commonly used to enable a diver to breathe while underwater, including but not
					 limited to SCUBA regulators, high pressure cylinders, rebreathers, SNUBA, and
					 hookah rigs.
"SCUBA spearfishing" means to take or to attempt to take
					 aquatic life through the combined use of a spear and SCUBA gear.
"Set" when used as a noun with respect to the use of lay
					 nets, means a sequential act beginning from when the lay net is fully deployed
					 in the water and ending on the next complete removal of the lay net from the
					 water.
"Spear" means any device or implement which is designed or
					 used for impaling marine life. Spears may include but are not limited to spear
					 gun shafts, arbaletes, arrows, bolts, Hawaiian slings, tridents, or three-prong
					 spears. A dive knife is not considered to be a spear.
"Speared" means pierced, impaled, penetrated, stuck, or run
					 through by a sharp, pointed implement.
"Take" means to fish for, catch, or harvest, or to attempt
					 to fish for, catch, or harvest, aquatic life. The use of any gear, equipment,
					 tool, or any means to fish for, catch, capture, or harvest, or to attempt to
					 fish for, catch, capture, or harvest, aquatic life by any person who is in the
					 water, or in a vessel on the water, or in the shoreline area where aquatic life
					 can be fished for, caught, or harvested, shall be construed as taking.
"Total length" means the length of a fish measured from the
					 tip of the snout to the tip of the longer lobe of the caudal (tail) fin. The
					 length measurement shall be a straight-line measure, not measured over the
					 curvature of the body of the fish.
"White list" means a list of species of marine life that
					 may be taken for aquarium purposes.