reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.5 - NORTHWESTERN HAWAIIAN ISLANDS MARINE REFUGE › Section 13-60.5-3 - Definitions

Current through June, 2024
As used in this chapter:
"Refuge" means the Northwestern Hawaiian Islands marine
					 refuge.
"Board" means the board of the department of land and
					 natural resources.
"Department" means the department of land and natural
					 resources.
"Documentation" means documents or a number that verifies
					 that the United States coast guard has recorded the vessel pursuant to 46
					 C.F.R. Part 46 and other applicable federal laws.
"Emergent land" means any land that is exposed, or would
					 be exposed, above the surface of the water at the lowest tide.
"Extractive uses" means any method, means, actions or
					 activity that removes natural or cultural resources from the refuge.
"Marine life" means any type of species of saltwater fish,
					 shellfish, mollusks, crustaceans, coral, or other marine animals, including any
					 part, product, egg, or offspring thereof; or seaweeds or other marine plants,
					 including any part, product, seed, or root thereof, and protected species of
					 turtles, marine mammals and seabirds.
"Non-extractive" means any action that does not involve
					 the taking of marine life.
"Registration" means to assign a number to a vessel
					 pursuant to chapter 13-241.
"Scientific purposes" means observing, identifying,
					 describing, investigating, collecting marine life and abiotic samples for
					 analysis and study and theoretically explaining natural phenomena, including
					 the principles and processes necessary to form concepts, to conduct
					 observations or experiments, and to validate hypotheses by observation or
					 experiment.
"State marine waters" means the area 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.
"Subsistence" means harvesting for direct personal or
					 family consumption and not for commercial purposes.
"Take" means to fish for, catch, capture, and confine,
					 collect, or harvest or attempt to fish for, catch, capture, confine, collect,
					 or harvest marine life. The use of any gear, equipment, tool, or any means to
					 fish for, catch, capture, confine, or harvest, or to attempt to fish for,
					 catch, capture, confine, collect, or harvest, marine life by any person who is
					 in the water, or in a vessel on the water, or on or about the shore where
					 aquatic life can be fished for, caught, captured, confined, collected, or
					 harvested, shall be construed as taking.
"Traditional and customary practices" means Native
					 Hawaiian traditional and customary practices as defined under the Hawaii State
					 Constitution, statutes and case law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.5 - NORTHWESTERN HAWAIIAN ISLANDS MARINE REFUGE › Section 13-60.5-4 - Prohibited activities

Current through June, 2024
Unless otherwise authorized by law, it is unlawful for any
					 person:
(1) To enter the refuge
				  without a permit issued pursuant to Section 13-60.5-6 except for freedom of
				  navigation, innocent passage, interstate commerce, and activities related to
				  national defense or enforcement, foreign affairs, and in response to
				  emergencies;
(2) To take for the
				  purpose of sale or sell marine life taken from the refuge;
(3) To take marine life in violation of
				  section 13-60.5-5;
(4) To set foot
				  on shore, on any emergent land or reef;
(5) To engage in any activity, including the
				  anchoring of a vessel that can or does result in damaging or destroying
				  coral;
(6) To discharge from a
				  vessel as defined in federal and state law; and
(7) To engage in any activity that is not
				  authorized by this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.5 - NORTHWESTERN HAWAIIAN ISLANDS MARINE REFUGE › Section 13-60.5-5 - Permitted activities

Current through June, 2024
(a) A person may,
				  with a valid permit or authorization issued from the board, enter the refuge,
				  subject to the restrictions of subsections (b), (c), and (d).
(b) A person shall only enter the refuge to
				  engage in activities that do no harm and do not degrade the coral reef
				  ecosystem, related marine resources and species, as specifically authorized by
				  law, for the following purposes:
(1)
				  Scientific or education purposes;
(2) Non-extractive purposes undertaken to
				  further the knowledge of resources or which provide for enhanced resources
				  protection or benefit resource management; and
(3) Subsistence, traditional and customary
				  practices by Native Hawaiians consistent with the long-term preservation of the
				  refuge resources in accordance with permit conditions specified in section
				  13-60.5-6.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.5 - NORTHWESTERN HAWAIIAN ISLANDS MARINE REFUGE › Section 13-60.5-6 - Permits

Current through June, 2024
(a) The board may issue permits to enter the
				  refuge and conduct activities as provided in section 13-60.5-5, subject to the
				  following conditions:
(1) Receipt of complete
				  information the department shall require on an application provided by the
				  department that lists the applicant's name, street and mailing addresses,
				  number of persons entering with the applicant, vessel registration number or
				  documentation number, name and length of the vessel, proposed dates of entry,
				  purpose of entry, area of activities, and other pertinent
				  information;
(2) A public comment
				  period during the board hearing after receipt of a complete
				  application;
(3) When reviewing an
				  application, the board shall consider whether the applicant has violated or not
				  complied with any term or condition of previous permits issued by the board
				  under this chapter. The board shall deny an application based on a past
				  violation or non-compliance with any term or condition of a permit issued under
				  this chapter; and
(4) Approval may
				  be granted by the board after an assessment of the appropriateness of the
				  activity described in the application based on:
(i) Factors that the board and department
				  consider relevant to section 13-60.5-1, the intent and purpose of this chapter,
				  and
(ii) All applicable state and
				  federal laws, including written proof of compliance with the federal permit
				  requirements governing commercial and recreational fishing in the adjacent
				  waters,
(iii) Submission of an
				  application or the receipt of public comments on the application shall not
				  obligate the board to issue a permit or constitute a right on the part of an
				  applicant to receive a permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.5 - NORTHWESTERN HAWAIIAN ISLANDS MARINE REFUGE › Section 13-60.5-7 - Penalties

Current through June, 2024
Any person violating a provision of this chapter, or the
					 terms and conditions authorized by rule or statute in any permit under this
					 chapter, shall be punished as provided in sections
					 187A-12.5,
					 187A-13,
					 and
					 188-70, HRS, and as may
					 be otherwise provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.7 - KAHEKILI HERBIVORE FISHERIES MANAGEMENT AREA, AMUI › Section 13-60.7-1 - Purpose

Current through June, 2024
The Kahekili Herbivore Fisheries Management Area, Maui is
					 designated to control the overabundance of marine algae on and about coral
					 reefs within this area by increasing the local abundance of certain herbivorous
					 fishes and sea urchins by fisheries management methods. Natural controls of
					 marine algae are intended to help the marine ecosystem in the area return to a
					 healthy balance.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.7 - KAHEKILI HERBIVORE FISHERIES MANAGEMENT AREA, AMUI › Section 13-60.7-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly
					 indicates otherwise:
"Acanthuridae" means the family of fishes commonly
					 referred to as surgeonfish or tangs (including but not limited to 'api, kala,
					 kole, manini, and palani).
"Board" means the board of land and natural
					 resources.
"Department" means the department of land and natural
					 resources.
"Hanaka' O'O Beach" means the beach fronting the southern
					 portion of Ka'anapali Beach on the southern side of Keka'a Point (Black
					 Rock).
"Herbivore" means any marine organism that feeds primarily
					 on algae (limu).
"Kahekili Herbivore Fisheries Management Area" ("area")
					 means the marine managed area of north Ka'anapali, Maui from Keka'a Point to
					 Honokowai Park as described in section
					 13-60.7-3.
"Ka'anapali Beach" means the north Ka'anapali beach area
					 from Keka'a Point to Honokowai Point.
"Keka'a Point" means the prominent lava rock point that
					 separates Hanaka' O 'O Beach on the south from Ka'anapali Beach on the north.
					 This point is often referred to as Black Rock.
"Kyphosidae" means the family of fishes commonly referred
					 to as sea chubs, rudderfish, or nenue.
"Scaridae" means the family of fishes commonly referred to
					 as parrotfish or uhu.
"Sea urchins" are invertebrate marine animals of the class
					 Echinoidea, variously referred to as, but not limited to, wana, halula, ha uke
					 uke, hawa'e or 'ina.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.7 - KAHEKILI HERBIVORE FISHERIES MANAGEMENT AREA, AMUI › Section 13-60.7-3 - Boundaries

Current through June, 2024
(a) The Kahekili Herbivore Fisheries
				  Management Area shall include that portion of submerged lands and overlying
				  waters of the north Ka'anapali area as follows:
(1) The southern boundary shall begin at the
				  highwater mark of the shoreline on Hanaka' O'O Beach and run directly west
				  (90°) to a point offshore along the southern rocky shoreline of Keka'a
				  Point for a distance of 335 yards.
(2) The northern boundary shall begin at the
				  highwater mark of the shoreline on the southern end of Honokowai Beach Park and
				  run directly west (90°) to a point offshore for a distance of 1,292
				  yards.
(3) A straight line shall
				  then run directly north (0°) and connect offshore points of the southern
				  Hanaka' O'O Beach boundary with the northern Honokowai boundary.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.7 - KAHEKILI HERBIVORE FISHERIES MANAGEMENT AREA, AMUI › Section 13-60.7-4 - Regulated activities

Current through June, 2024
(a) No person shall
				  engage in the following activities within the Kahekili Herbivore Fisheries
				  Management Area:
(1) Injure, kill, possess,
				  or remove any fish of the families Kyphosidae (sea chubs, nenue), Scaridae
				  (parrotfish, uhu), or Acanthuridae (surgeonfish, tangs).
(2) Injure, kill, possess, or remove any sea
				  urchins.
(3) Feed or deliberately
				  introduce any food material, substance, or attractant, directly to or in the
				  vicinity of any aquatic organism, by any means or for any purpose except as
				  allowed in subsection (b).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.7 - KAHEKILI HERBIVORE FISHERIES MANAGEMENT AREA, AMUI › Section 13-60.7-5 - Exceptions; permits

Current through June, 2024
The department may issue permits to engage in activities
					 otherwise prohibited by law and section
					 13-60.7-4, in accordance with
					 sections
					 187A-6
					 and
					 190-4, Hawaii Revised
					 Statutes, provided that:
(1) The board
				  may impose terms and conditions it deems necessary to carry out the purpose of
				  this chapter, including requiring a report or reports of any marine life taken
				  from the area ;
(2) The board may
				  revoke any permit for any infraction of the terms and conditions of the
				  permit;
(3) A person whose permit
				  was revoked shall not be eligible to apply for another such permit until one
				  year after the date of revocation; and
(4) The department may limit permits to
				  purposes of public health, safety, and welfare; for resource management, or as
				  described in section
				  187A-6,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.7 - KAHEKILI HERBIVORE FISHERIES MANAGEMENT AREA, AMUI › Section 13-60.7-6 - Penalty

Current through June, 2024
Any person violating the provisions of this chapter may be
					 punished as provided by sections
					 187A-12.5,
					 188-70, or chapter
					 199D, Hawaii Revised Statutes, and as may be otherwise provided by
					 law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.7 - KAHEKILI HERBIVORE FISHERIES MANAGEMENT AREA, AMUI › Kahekili Herbivore Fisheries Management Area, Maui, Hawai'i

Current through June, 2024
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Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.8 - HA'ENA COMMUNITY-BASED SUBSISTENCE FISHING AREA, KAUA'I › Section 13-60.8-1 - Purpose

Current through June, 2024
The purpose of this chapter regarding the Ha'ena
					 Community-Based Subsistence Fishing Area is to:
(1) Sustainably support the consumptive needs
				  of the Ha'ena ahupua'a through culturally-rooted community-based
				  management;
(2) Ensure the
				  sustainability of nearshore ocean resources in the area through effective
				  management practices, including the establishment of limits on the harvest of
				  aquatic life;
(3) Establish the
				  Makua Pu'uhonua (Marine Refuge) for the preservation and protection of this
				  nursery habitat for juvenile reef fishes;
(4) Recognize and protect customary and
				  traditional native Hawaiian fishing practices that are exercised for
				  subsistence, cultural, and religious purposes in the area; and
(5) Facilitate the substantive involvement of
				  the community in resource management decisions for the area through dialogue
				  with community residents and resource users.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.8 - HA'ENA COMMUNITY-BASED SUBSISTENCE FISHING AREA, KAUA'I › Section 13-60.8-4 - Management plan and review

Current through June, 2024
(a) The department
				  shall consult with inhabitants of the Ha'ena ahupua'a and other interested
				  parties to provide for a management plan, which describes:
(1) Existing marine activities permitted by
				  the department within the area;
(2)
				  Specific activities to be conducted in the area;
(3) Processes for community-based monitoring
				  and evaluation of the area; and
(4)
				  Methods of funding and enforcement.
The management plan shall serve as a framework to assist
					 the department and the community in monitoring, evaluating, and managing the
					 area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.8 - HA'ENA COMMUNITY-BASED SUBSISTENCE FISHING AREA, KAUA'I › Section 13-60.8-5 - Permitted and prohibited activities

Current through June, 2024
(a) Nothing in this
				  chapter shall be construed as allowing within the Ha'ena Community-Based
				  Subsistence Fishing Area any activity or fishing gear otherwise prohibited by
				  law or rules adopted by the department of land and natural resources or any
				  other department of the State.
(b)
				  It is unlawful for any person to sell or offer for sale any marine life taken
				  from within the area, or to otherwise take marine life from within the area for
				  commercial purposes.
(c) Unless
				  otherwise allowed in subsection (d) of this section, it is unlawful for any
				  person to engage in or attempt to engage in the following activities within the
				  Ha'ena Community-Based Subsistence Fishing Area:
(1) Take or possess any marine
				  life;
(2) Take, alter, deface,
				  destroy, possess, or remove any sand, coral, rock, or other geological feature
				  or specimen;
(3) Possess, deploy,
				  or use any fishing gear or device that is designed or may be used for the
				  taking, injuring, or killing of marine life, or the altering of any geological
				  feature or specimen; or
(4)
				  Deliberately introduce into the water any food material, substance, or device
				  used as an attractant for marine life, for any purpose other than the taking of
				  marine life as may be allowed under subsection (d) of this section.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.8 - HA'ENA COMMUNITY-BASED SUBSISTENCE FISHING AREA, KAUA'I › Section 13-60.8-6 - Prohibited activities, Makua Pu'uhonua

Current through June, 2024
In addition to the prohibitions described in section
					 13-60.8-5(c), it is unlawful for any person to enter the Makua Pu'uhonua except
					 with a special activity permit issued by the board under section
					 187A-6,
					 HRS, under such terms and conditions allowing such entry and as deemed
					 necessary for educational, scientific, or other purposes not inconsistent with
					 sections
					 187A-6
					 and
					 188-53,
					 HRS, provided that:
(1) The board may
				  revoke any permit for any infraction of the terms and conditions of the permit;
				  and
(2) A person whose permit was
				  revoked shall not be eligible to apply for another permit until one year after
				  the date of revocation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.8 - HA'ENA COMMUNITY-BASED SUBSISTENCE FISHING AREA, KAUA'I › Section 13-60.8-7 - Penalty

Current through June, 2024
(a) Any person who violates any provision of
				  this chapter, or the terms and conditions of any permit issued applicable to
				  this chapter, shall be subject to administrative fines of:
(1) Not less than $100 and not more than
				  $1,000 for a first violation;
(2)
				  Not less than $200 and not more than $2,000 for a second violation within five
				  years of any prior violation; and
(3) Not less than $500 and not more than
				  $3,000 for a third or subsequent violation within a five year period of any
				  prior violation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.8 - HA'ENA COMMUNITY-BASED SUBSISTENCE FISHING AREA, KAUA'I › Section 13-60.8-8 - Severability

Current through June, 2024
If any provision of this chapter, or the application
					 thereof, to any person or circumstance is held invalid, the invalidity shall
					 not affect other provisions or applications of this chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Section 13-60.10-1 - Purpose

Current through June, 2024
The purpose of this chapter regarding the Miloli'i
					 Community-Based Subsistence Fishing Area is to:
(1) Sustainably support the consumptive needs
				  of communities along the southwest coast of Hawai'i Island through
				  culturally-rooted, community-based fisheries management;
(2) Ensure the sustainability of nearshore
				  ocean resources in the area through effective management practices, including
				  the establishment of limits on the harvest of aquatic life;
(3) Recognize and protect customary and
				  traditional native Hawaiian fishing practices that are exercised for
				  subsistence, cultural, and religious purposes in the area;
(4) Facilitate the substantive involvement of
				  the community in fisheries resource management decisions for the area through
				  dialogue with community residents and resource users;
(5) Establish the Pu'uhonua Papa, Pu'uhonua
				  Honomalino, Pu'uhonua Kapu'a, and Pu'uhonua Manuka to reduce fishing pressure
				  in these areas in order to replenish populations of important fish species
				  while also allowing for sustainable harvest;
(6) Establish the Paku'iku'i Rest Area for
				  the preservation and protection of this nursery habitat for paku'iku'i as an
				  important food fish for community families;
(7) Establish Puakai'a Miloli'i as an ocean
				  classroom where the community can continue to impart intergenerational
				  knowledge of traditional cultural ocean practices to future generations while
				  maintaining crucial ocean entrypoints for the community; and
(8) Establish the 'Opelu Traditional
				  Management Zone to ensure local 'opelu fish stocks are maintained according to
				  traditional practices as an essential resource for the Miloli'i community and
				  to honor the rich heritage and generational practice of 'opelu fishing in
				  Miloli'i.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Section 13-60.10-4 - Permitted and prohibited activities

Current through June, 2024
(a) Nothing in this
				  chapter shall be construed as abridging traditional and customary native
				  Hawaiian rights or as allowing within the Miloli'i CBSFA any activity or
				  fishing gear otherwise prohibited by law or rules adopted by the department of
				  land and natural resources or any other department of the State.
(b) It is unlawful for any person to engage
				  in the act of aquarium fishing or to take marine life for aquarium purposes
				  within the Area.
(c) Except as
				  provided in section 5, the following species-specific restrictions apply within
				  the Miloli'i CBSFA:
(1) It is unlawful to
				  take or possess any female 'a'ama crab with eggs.
(2) It is unlawful to take or possess:
(A) Any kole during the months of March
				  through June;
(B) More than twenty
				  kole per person per day; or
(C) Any
				  kole less than five inches in length.
(3) It is unlawful to take or possess any
				  ko'ele.
(4) It is unlawful to take
				  or possess more makaiauli and 'alinalina (with shell attached) than can fit in
				  a one-gallon size bag per person per day.
(5) At any time before July 1, 2027, it is
				  unlawful to take or possess any paku'iku'i.
(6) Notwithstanding any other more
				  restrictive law applicable to the taking of paku'iku'i, at any time on or after
				  July 1, 2027, it is unlawful to take or possess:
(A) More than five paku'iku'i per person per
				  day; or
(B) Any paku'iku'i less
				  than five inches in length.
(7) It is unlawful to:
(A) Spear any uhu at night using any gear
				  type;
(B) Take or possess any uhu
				  'ele'ele or any uhu uliuli at any time;
(C) Take or possess any uhu 'ahu'ula or uhu
				  palukaluka during the months of March through May;
(D) Take or possess any uhu 'ahu'ula or uhu
				  palukaluka less than fourteen inches in length or more than twenty inches in
				  length;
(E) Take or possess more
				  than one uhu 'ahu'ula or uhu palukaluka (one fish total) per person per day
				  during the months of June through February; or
(F) Take or possess more than three total of
				  any other uhu per person per day, provided that only one may be a
				  terminal-phase uhu.
(8)
				  It is unlawful to take or possess more than two ula per person per
				  day.
(9) It is unlawful to take or
				  possess any 'u'u from April through June.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Section 13-60.10-5 - Activities prohibited within selected areas

Current through June, 2024
(a) While
				  within the 'Opelu Traditional Management Zone as described in section
				  13-60.10-3(b)(1), it is unlawful to take any 'opelu using any method other than
				  hook-and-line fishing from February through August.
(b) While within the four Pu'uhonua as
				  described in section 13-60.10-3(b), paragraphs -(2), -(5), -(6), and -(7), all
				  fishing is prohibited except:
(1) Fishing
				  from shore using throw net, scoop net, and hook-and-line fishing
				  methods;
(2) Fishing from a vessel
				  using hook-and-line fishing method;
(3) Fishing using a pole spear; and
(4) Fishing for akule using nets in
				  compliance with chapters
				  13-60.4, 13-75, and 13-95.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Section 13-60.10-6 - Transit through Miloli'i CBSFA with restricted gear and species

Current through June, 2024
Prohibited gear and restricted species as described in
					 sections 13-60.10-4 and 13-60.10-5 may be possessed while onboard a vessel in
					 active transit through the areas, provided that no prohibited gear is in the
					 water during the transit. Boats that are adrift, anchored, or moored are not
					 considered to be in active transit with the exception of vessels in line for
					 the boat ramp and vessels actively loading and unloading at the wharf or on
					 shore.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Section 13-60.10-7 - Penalty

Current through June, 2024
(a) Any person who violates any provision of
				  this chapter shall be subject to:
(1)
				  Administrative penalties as provided by section
				  187A-12.5,
				  HRS;
(2) Criminal penalties as
				  provided by section
				  188-70, HRS;
				  and
(3) Any other penalty as
				  provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Section 13-60.10-8 - Asset forfeiture

Current through June, 2024
Any equipment, article, instrument, aircraft, vehicle,
					 vessel, business record, or natural resource used or taken in violation of this
					 chapter, may be seized and subject to forfeiture as provided by section
					 199-7
					 and chapter
					 712A, HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Section 13-60.10-9 - Severability

Current through June, 2024
If any provision of this chapter, or the application
					 thereof, to any person or circumstance is held invalid, the invalidity shall
					 not affect other provisions or applications of this chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Exhibit A - Map of the Miloli'i Community-Based Subsistence Fishing Area, Hawai'i

Current through June, 2024
Click here to view
					 image
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Exhibit B - Map of the 'Opelu Traditional Management Zone

Current through June, 2024
Click here to view
					 image
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Exhibit C - Map of Miloli'i CBSFA Pu'uhonua Areas

Current through June, 2024
Click here to view
					 image
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Exhibit D - Map of the Paku'iku'i Rest Area and Puakai'a Miloli'i

Current through June, 2024
Click here to view
					 image
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Section 13-60.11-1 - Purpose

Current through June, 2024
The purposes for this chapter regarding the Kipahulu
					 Community-Based Subsistence Fishing Area are to:
(1) Sustainably support the subsistence needs
				  of the Kipahulu Moku community on the island of Maui through culturally-rooted,
				  community based management;
(2)
				  Ensure the sustainability of nearshore ocean resources in the area through
				  effective management practices, including the establishment of limits on the
				  harvest of marine life;
(3)
				  Recognize and protect customary and traditional native Hawaiian fishing
				  practices that are exercised for subsistence, cultural, and religious purposes
				  in the area;
(4) Facilitate the
				  substantive involvement of the community in resource management decisions for
				  the area through dialogue with community residents and resource
				  users;
(5) Establish the 'Opihi
				  Rest Area to ensure stock health and to allow replenishment of this important
				  food resource; and
(6) Establish
				  the Kukui Bay Sanctuary for the preservation and protection of critical nursery
				  habitat for numerous marine species, including species traditionally relied
				  upon for subsistence.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Section 13-60.11-3 - Boundaries

Current through June, 2024
(a) The Kipahulu CBSFA includes that portion
				  of the southeast coast of the island of Maui consisting of all state waters and
				  submerged lands from Kalepa Gulch in the west to Pua'alu'u Gulch in the east,
				  from the shoreline out to approximately 60 meters in depth. The boundaries of
				  the Kipahulu CBSFA are described by western and eastern boundary lines,
				  landward and seaward boundary lines, and five reference points (A, G, H, I, and
				  J) identified by their latitude and longitude coordinates as follows:
(1) Point A is the westernmost point of the
				  Kipahulu CBSFA along the shoreline, located at 20.646167°,
				  -156.086300.
(2) Point G is the
				  easternmost point of the Kipahulu CBSFA along the shoreline, located at
				  20.667318°, -156.040689°.
(3) The landward boundary of the Kipahulu
				  CBSFA is an imaginary line drawn along the shoreline from Point A to Point
				  G.
(4) The western boundary of the
				  Kipahulu CBSFA is an imaginary straight line drawn perpendicular to the shore
				  at Point A out to Point H, located on the 60-meter depth contour at
				  20.637752°, -156.080016°.
(5) The seaward boundary of the Kipahulu
				  CBSFA consists three points along the 60-meter depth contour connected by
				  imaginary straight lines beginning at Point H; then to Point I, located at
				  20.639762°, -156.049777°; then to Point J, located at 20.658495°,
				  -156.028482°.
(6) The eastern
				  boundary of the Kipahulu CBSFA consists of an imaginary straight line drawn
				  perpendicular to the shore at Point G to Point J.
The foregoing boundaries and reference points are shown on
					 Exhibit B entitled "Map of the Kipahulu Community-Based Subsistence Fishing
					 Area, Maui", dated 4/20/23, located at the end of this
					 chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Section 13-60.11-5 - Transit through Kipahulu CBSFA with restricted gear and species

Current through June, 2024
Prohibited gear and restricted species as described in
					 section 13-60.11-4 may be possessed while
					 onboard a vessel in active transit through the areas, provided that no
					 prohibited gear is in the water during the transit. Boats that are adrift,
					 anchored, or moored are not considered to be in active
					 transit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Section 13-60.11-6 - Penalty

Current through June, 2024
(a) Any person who violates any provision of
				  this chapter or the terms and conditions of any permit issued as provided by
				  this chapter, shall be subject to:
(1)
				  Administrative penalties as provided by section
				  187A-12.5, HRS;
(2) Criminal penalties as provided by section
				  188-70, HRS; and
(3) Any other penalty as provided by
				  law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Section 13-60.11-7 - Asset forfeiture

Current through June, 2024
Any equipment, article, instrument, aircraft, vehicle,
					 vessel, business record, or natural resource used or taken in violation of this
					 chapter, may be seized and subject to forfeiture as provided by section
					 199-7 and chapter
					 712A, HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Section 13-60.11-8 - Severability

Current through June, 2024
If any provision of this chapter, or the application
					 thereof, to any person or circumstance is held invalid, the invalidity shall
					 not affect other provisions or applications of this chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Exhibit A - "COMMON NATIVE LIMU SPECIES OF HAWAI'I" (4/20/23)

Current through June, 2024
Phylum
Species
Hawaiian/Common Name
Rhodophyta
Ahnfeltiopsis
								flabelliformis
Nei, ko'ele'ele, ko'ele
Rhodophyta
Ahnfeltiopsis
								concinna
'Aki'aki, 'eleau (Maui)
Rhodophyta
Asparagopsis
								taxiformis
Kohu, lipehe, lipehu, lipa'akai
Rhodophyta
Gracilaria
								coronopifolia
Manauea, short ogo (Japanese)
Rhodophyta
Gracilaria
								parvispora
Manauea loloa, long ogo (Japanese)
Rhodophyta
Grateloupia
								filicina
Huluhuluwaena, pakeleawa'a
Rhodophyta
Halymenia
								hawaiiana
Lepe-o-Hina, lehelehe'ilio, lepelepe-o-Hina,
								limu-pepe-o-Hina, pa'u-o-Hi'iaka
Rhodophyta
Laurencia dotyi
Lipe'epe'e, lipepe
Rhodophyta
Laurencia nidifica
Mane'one'o
Rhodophyta
Laurencia succisa
Lipe'epe'e, lipepe
Rhodophyta
Pyropia
								vietnamensis
Pahe'ehe'e, lipahe'e, lipahe'ehe'e, lipahoe,
								pahe'e
Chlorophyta
Codium edule
Wawae'iole
Chlorophyta
Codium reediae
'A'ala'ula
Chlorophyta
Ulva lactuca
Palahalaha
Chlorophyta
Ulva prolifera
'Ele'ele
Ochrophyta (Class: Phaeophyceae)
Dictyopteris
								australis
Lipoa
Ochrophyta (Class: Phaeophyceae)
Dictyopteris
								plagiogramma
Lipoa
Ochrophyta (Class: Phaeophyceae)
Sargassum
								aquifolium
Kala
Unknown
Unknown (Description: Looks like limu kohu, except
								it flattens when taken out of the water; doesn't have a strong smell like limu
								kohu and tastes spicy)
Pehu
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Exhibit B - "Map of the Kipahulu Community-Based Subsistence Fishing Area, Maui" (4/20/23)

Current through June, 2024
Click here to view
					 image
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Exhibit C - "Map of the Kukui Bay Sanctuary and the 'Opihi Rest Area" (4/20/23)

Current through June, 2024
Click here to view
					 image
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 61 - NUUANU FRESHWATER FISH REFUGE, OAHU › Section 13-61-1 - Boundary

Current through June, 2024
The Nuuanu Freshwater Fish Refuge shall include the Nuuanu
					 reservoirs no. 2, 3 and 4.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 61 - NUUANU FRESHWATER FISH REFUGE, OAHU › Section 13-61-2 - Prohibited activities

Current through June, 2024
No person shall enter the Nuuanu freshwater fish refuge
					 except:
(1) When accompanied by an
				  agent of the board; or
(2) With a
				  permit issued by the board under such terms and conditions it deems necessary
				  for education, scientific or other purposes not inconsistent with sections
				  187A-6
				  and
				  188-53,
				  Hawaii Revised Statutes, provided that:
(A)
				  The board may revoke any permit for any infraction of the terms and conditions
				  of the permit, and
(B) A person
				  whose permit was revoked shall not be eligible to apply for another permit
				  until one year after the date of revocation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 61 - NUUANU FRESHWATER FISH REFUGE, OAHU › Section 13-61-3 - Penalty

Current through June, 2024
A person violating the provisions of this chapter or the
					 terms and conditions of any permit issued as provided by this chapter, shall be
					 guilty of a petty misdemeanor, and upon conviction thereof, shall be punished
					 as provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 62 - WAHIAWA PUBLIC FISHING AREA, OAHU › Section 13-62-1 - Definitions

Current through June, 2024
As used in this chapter unless otherwise provided:
"Adult" means a person eighteen years of age or
					 older.
"Bass" means any fish commonly known as largemouth bass
(Micropterus salmoides)
or smallmouth bass
(Micropterus dolomieui)
.
"Catch-and-release program" means a fishing management
					 strategy that is characterized as requiring any person who catches live aquatic
					 life to release immediately, any such captured aquatic life alive, to the
					 waters from which the aquatic life was taken.
"Channel catfish" means any fish of the species
Ictalurus punctatus.
"Department" means the department of land and natural
					 resources.
"Entry Permit" means a permit issued to licensed fishermen
					 to fish in the Wahiawa public fishing area, and to unlicensed adults to
					 accompany licensed minors into the Wahiawa public fishing area to provide
					 supervision and protection.
"Fishing License" means the State of Hawaii freshwater
					 game fishing license issued to freshwater sport fishermen.
"Fishing Permit" means a permit issued to minors under the
					 age of nine to fish in the Wahiawa public fishing area when accompanied by a
					 licensed adult whose bag limit shall include that of the minor.
"Group Fishing Permit" means a permit issued to a club or
					 group of five or more minors to fish in the Wahiawa public fishing area.
"Liability Waiver" means the civil liability waiver
					 incorporated into all licenses and permits that shall be signed by all
					 licensees and permittees, provided that the parents or guardian shall sign such
					 waiver for any minor.
"Listed species" means any species listed in subsection
					 13-62-8(b).
"Minor" means a person under the age of eighteen.
"Oscar" means any fish of the species
Astronotus
					 ocellatus.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 62 - WAHIAWA PUBLIC FISHING AREA, OAHU › Section 13-62-2 - Boundary

Current through June, 2024
The Wahiawa public fishing area shall include that portion
					 of the Wahiawa reservoir (Lake Wilson) between the following boundaries:
(1) The eastern boundary of the south fork
				  being the Wahiawa intermediate school fenceline for the north bank and
				  Kamehameha highway for the south bank;
(2) The eastern boundary of the north fork
				  being the Ewa forest reserve fenceline located approximately one-half mile
				  (0.81 kilometer) east of Whitmore Village; and
(3) The western boundary being the spillway
				  dam; as delineated on "Map of the Wahiawa Public Fishing Area, Oahu 5/23/89,"
				  attached at the end of this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 62 - WAHIAWA PUBLIC FISHING AREA, OAHU › Section 13-62-3 - Prohibited activities

Current through June, 2024
No person shall engage in the following activities within
					 the Wahiawa public fishing area:
(1)
				  Enter into or fish without a valid fishing license, fishing permit, group
				  fishing permit, or other appropriate valid license or permit issued by the
				  department, in addition to any entry permit, the Wahiawa Special Entry Permit,
				  or the Wahiawa Fishing Tournament Permit, if required; provided that all
				  licensees or permittees under the age of fifteen shall be accompanied by an
				  adult;
(2) Enter onto, fish from,
				  or approach to within two-hundred feet (60.96 meters) of the spillway dam,
				  reservoir structures, and the fronting shoreline;
(3) Enter into, or fish within the forest
				  reserve along the north fork;
(4)
				  Swim or water ski;
(5) Camp,
				  picnic, or build fires;
(6) Operate
				  boats:
(A) Exceeding eighteen feet (5.49
				  meters) in length;
(B) For purposes
				  other than fishing;
(C) Exceeding
				  speeds of five miles (8.05 kilometers) per hour or in a manner which would
				  create a dangerous wake or disturb fishermen; or
(D) Constructed of material other than wood
				  unless provided with flotation to render the boat unsinkable;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 62 - WAHIAWA PUBLIC FISHING AREA, OAHU › Section 13-62-4 - Permitted activities

Current through June, 2024
(a) A person may,
				  with a valid fishing license, fishing permit or group fishing permit, in
				  addition to any entry permit, the Wahiawa Special Entry Permit, or the Wahiawa
				  Fishing Tournament Permit, if required, while within the Wahiawa public fishing
				  area:
(1) Fish with hook-and-line using one
				  lure, one baited hook, or two artificial flies attached to a single line,
				  provided:
(A) On weekends and holidays, any
				  person shall not use more than one line; and
(B) On weekdays, any person shall not use
				  more than two lines;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 62 - WAHIAWA PUBLIC FISHING AREA, OAHU › Section 13-62-5 - Group fishing permit

Current through June, 2024
The department may issue a group fishing permit to any
					 group of minors; provided that:
(1)
				  Each group fishing permit shall be valid for a maximum of ten consecutive days,
				  which may be extended or rescheduled for valid reasons, provided that each
				  permit shall expire and become void thirty days after issuance;
(2) A minimum number of five minors shall be
				  required under a group fishing permit, and the maximum number shall be
				  determined by a mandatory minimum ratio of one licensed supervising adult to
				  six non-licensed minors;
(3) There
				  shall be no maximum number of group fishing permits issued to any group of
				  minors, or number of permits valid for a particular day, provided that groups
				  may be restricted to designated areas within the Wahiawa public fishing
				  area;
(4) All applications for a
				  group fishing permit shall be in writing and contain the following information:
(A) Name or other identifying designation of
				  a group;
(B) Names and addresses of
				  supervising adults, and a minimum of one telephone contact number;
(C) Location or locations within the Wahiawa
				  public fishing area where the group fishing is proposed; and
(D) Proposed dates and times of such group
				  fishing activity;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 62 - WAHIAWA PUBLIC FISHING AREA, OAHU › Section 13-62-6 - Revocation of permits

Current through June, 2024
The board may revoke any permit issued as provided by this
					 rule for any infraction of the terms and conditions of the permit, and a person
					 whose permit was revoked shall not be eligible to apply for another permit
					 until the expiration of one year from the date of revocation.