Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95 - RULES REGULATING THE TAKING AND SELLING OF CERTAIN MARINE RESOURCES › Section 13-95-1 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise provided:
"'Ahi" means any fish known as
Thunnus
					 albacares
or
Thunnus obesus
or any recognized
					 synonym. 'Ahi refers to both yellowfin tuna (
T. albacares
) and
					 bigeye tuna (
T. obesus
).
"A[BAR]holehole" means any fish known as
Kuhlia
					 xenura
or
Kuhlia sandvicensis
or any recognized
					 synonym. A[BAR]holehole are also known as a[BAR]hole, Hawaiian flagtail,
					 reticulated flagtail, or zebra-head flagtail.
"Akule" means any fish identified as
Selar
					 crumenophthalmus
or any recognized synonym. Akule are also known as
					 pa[BAR]'a[BAR]'a[BAR], halalu[BAR], hahalalu[BAR], goggle-eyed scad, or
					 big-eyed scad.
"'Ama 'ama" means any fish known as
Mugil
					 cephalus
or any recognized synonym between eight and twelve inches in
					 length. Individuals of this species at other life stages are known as pua,
					 kahaha, or 'anae. All life stages of this species are generally known as
					 striped mullet.
"'Anae" means any fish known as
Mugil
					 cephalus
or any recognized synonym greater than twelve inches in
					 length. Individuals of this species at other life stages are known as pua,
					 kahaha, or 'ama'ama. All life stages of this species are generally known as
					 striped mullet.
"Annual catch limit" or "ACL" is the maximum commercial
					 harvest in a given fishing year established for any marine fishery subject to
					 closure. The catch is measured in whole wet weight through cumulative reported
					 landings by commercial marine licensees.
"Aquarium fish permit" means a permit issued by the board
					 pursuant to section 188-31, HRS, for the use of fine
					 mesh nets and traps to take marine fish, freshwater nongame fish, or other
					 aquatic life for aquarium purposes.
"Awa" means any fish known as
Chanos
					 chanos
or any recognized synonym. Awa are also known as
					 milkfish.
"Board" means the board of land and natural
					 resources.
"Break" means to hit with, or to apply sufficient force to
					 reduce to smaller pieces or to crack without actually separating into
					 pieces.
"Carapace length" means the straight line measurement from
					 the tip of the rostrum to the middle of the trailing edge of the body or
					 carapace, not including the abdomen or tail.
"Commercial kala fishing trip" means a fishing trip where
					 any kala are taken for a commercial purpose, as evidenced by the possession of
					 more than four kala per person. For a trip to be considered a commercial kala
					 fishing trip, each participant must have both a valid commercial marine license
					 and a valid commercial kala fishing permit. For vesselbased fishing trips, each
					 person onboard the vessel is deemed a participant.
"Commercial marine licensee" means a person who has been
					 issued a commercial marine license pursuant to section
					 13-74-20 and section
					 189-2, HRS.
"Commercial purpose" means the taking of marine life for
					 profit or gain or as a means of livelihood where the marine life is taken in or
					 outside of the State, or where the marine life is sold, offered for sale,
					 landed, or transported for sale anywhere in the State.
"Commercial uhu fishing trip" means a fishing trip where
					 any uhu are taken for a commercial purpose, as evidenced by the possession of
					 more than two uhu per person. For a trip to be considered a commercial uhu
					 fishing trip, each participant must have both a valid commercial marine license
					 and a valid commercial uhu fishing permit. For vessel-based fishing trips, each
					 person onboard the vessel is deemed a participant.
"Damage" means to scrape, smother, poison, or otherwise
					 cause any physical or physiological harm to the living portion of a stony coral
					 or live rock.
"Day" means a twenty-four hour period.
"He'e" means any mollusk known as
Octopus
					 cyanea
,
Octopus ornatus
, or any recognized synonym.
					 He'e are also known as octopus or tako.
"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 cast and retrieve the line.
"'Iao" means any fish known as
Atherinomorus
					 insularum
or any recognized synonym. 'Iao are also known as Hawaiian
					 silverside or Hawaiian Islands silverside.
"Initial-phase uhu" means any uhu characterized by a dull
					 red, brown, or gray body coloration and the absence of bright green or blue
					 markings.
"Kahaha" means any fish known as
Mugil
					 cephalus
or any recognized synonym between four and eight inches in
					 length. Kahaha are also known as pahaha. Individuals of this species at other
					 life stages are known as pua, 'ama'ama, or 'anae. All life stages of this
					 species are generally known as striped mullet.
"Kala" means any fish known as
Naso
					 unicornis
,
Naso brevirostris
,
Naso
					 annulatus
, or any recognized synonym. Kala are also known as bluespine
					 unicornfish, short-nosed unicornfish, spotted unicornfish, or whitemargin
					 unicornfish.
"Kala 'o[BAR]pelu" means any fish known as
Naso
					 hexacanthus
or any recognized synonym. Kala 'o[BAR]pelu are also known
					 as 'o[BAR]pelu kala or sleek unicornfish.
"Kole" means any fish known as
Ctenochaetus
					 strigosus
or any recognized synonym. Kole are also known as kole tang,
					 spotted surgeonfish, goldring surgeonfish, or yellow-eyed tang.
"Ku[BAR]mu[BAR]" means any fish known as
Parupeneus
					 porphyreus
or any recognized synonym. Ku[BAR]mu[BAR] are also known as
					 whitesaddle goatfish.
"Length" means the straight line measurement from the tip
					 of the snout to the middle of the trailing edge of the tail.
"Live rock" means any natural hard substrate to which
					 marine life is visibly attached or affixed.
"Manini" means any fish known as
Acanthurus
					 triostegus sandvicensis
or any recognized synonym. Manini are also
					 known as convict tang or convict surgeonfish.
"Mitigation" means activities carried out in accordance
					 with this chapter in order to avoid, minimize, restore, or compensate for
					 losses of certain marine resources due to authorized activities.
"Moano" means any fish known as
Parupeneus
					 multifaciatus
or any recognized synonym. Moano are also known as
					 banded goatfish, five-barred goatfish, manybar goatfish, or multibarred
					 goatfish.
"Moi" means any fish known as
Polydactylus
					 sexfilis
or any recognized synonym. Moi are also known as six-fingered
					 threadfin or yellowthread threadfin.
"Nehu" means any fish known as
Encrasicholina
					 purpurea
or any recognized synonym. Nehu are also known as Hawaiian
					 anchovy.
"Net" means any of various fishing devices of mesh material
					 made into various shapes, such as but not limited to, a bag, sack, pouch, or
					 curtain, used to entangle, surround, or concentrate aquatic life.
"'O[BAR]'io" means any fish known as
Albula
					 glossodonta
or
Albula virgata
or any recognized
					 synonym. 'O[BAR]'io are also known as roundjaw bonefish, shortjaw bonefish,
					 Indo-Pacific bonefish, sharpjaw bonefish, or smallmouth bonefish.
"'O[BAR]pakapaka" means any fish known as
Pristipomoides filamentosus
or any recognized synonym.
					 'O[BAR]pakapaka are also known as Hawaiian pink snapper, pink snapper, kinme
					 himedai, or ohimedai.
"'O[BAR]pelu" means any fish of the genus
Decapterus
. 'O[BAR]pelu are also known as mackerel
					 scad.
"Pa[BAR]pa'i kualoa" means any crab known as
Ranina
					 ranina
or any recognized synonym. Pa[BAR]pa'i kualoa are also known as
					 pa[BAR]pa'i kua loa, Kona crab, frog crab, or spanner crab.
"Pa[BAR]pa'i ku[BAR]honu" means any crab known as
Portunus sanguinolentus
or
Portunus
					 hawaiiensis
or any recognized synonym. Pa[BAR]pa'i ku[BAR]honu are
					 also known as pa[BAR]pa'i kuahonu, ku[BAR]honu, kuahonu, blood-spotted swimming
					 crab, or white crab.
"Pua" means any fish known as
Mugil
					 cephalus
or any recognized synonym between zero and four inches in
					 length. Pua are also known as pua 'ama, pua 'ama'ama, pua po'ola[BAR], or pua
					 'o'ola[BAR]. Individuals of this species at other life stages are known as
					 kahaha, 'ama'ama, or 'anae. All life stages of this species are generally known
					 as striped mullet.
"Renewable energy projects" means projects developed by
					 renewable energy producers, as the term is defined in section
					 171-95, Hawaii Revised Statutes,
					 that reduce the consumption of non-renewable energy resources or produce
					 renewable energy.
"Samoan crab" means any crab known as
Scylla
					 serrata
or any recognized synonym. The Samoan crab is a type of
					 swimming crab and is also known as mud crab or mangrove crab.
"Sell" means to solicit and receive an order for; to have,
					 or keep, or offer, or expose for sale; to deliver for value or in any other way
					 than purely gratuitously; to peddle; to keep with intent to sell; and to
					 traffic in.
"Spear" means any device or implement that is designed or
					 used for impaling aquatic life. Spears may include but are not limited to spear
					 gun shafts, arbaletes, arrows, bolts, Hawaiian slings, tridents, or three-prong
					 spears.
"Speared" means pierced, impaled, penetrated, stuck, or run
					 through by a sharp, pointed implement.
"Stony coral" means any invertebrate species belonging to
					 the Order Scleractinia, characterized by having a hard, calcareous skeleton,
					 that are native to the Hawaiian Islands.
"Striped mullet" means any fish known as
Mugil
					 cephalus
or any recognized synonym. The various life stages of striped
					 mullet are known as pua, kahaha, 'ama'ama, or 'anae.
"Take" means to fish for, catch, capture, confine, or
					 harvest, or to attempt to fish for, catch, capture, confine, or harvest,
					 aquatic 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, or harvest, aquatic 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, or harvested, shall be construed as
					 taking.
"Terminal-phase uhu" means any uhu characterized by the
					 presence of bright green or blue markings or a predominantly green or blue body
					 coloration, often with bright pink, orange, or yellow patches.
"Uhu" means any fish belonging to the family Scaridae or
					 any recognized synonyms. Uhu is a general term for parrotfish.
"Uhu 'ahu'ula" means any fish known as
Chlorurus
					 perspicillatus
or any recognized synonym that has not reached its
					 terminal phase. Uhu 'ahu'ula have a grayish brown body with reddish fins and a
					 broad white band at the base of the tail. The terminal phase of these fish are
					 known as uhu uliuli. Both uhu 'ahu'ula and uhu uliuli are known as spectacled
					 parrotfish or fantail uhu.
"Uhu 'ele'ele" means any fish known as
Scarus
					 rubroviolaceus
or any recognized synonym that has reached its terminal
					 phase, indicated by a change in coloration from a predominantly brownish-red or
					 yellowish-gray body with reddish fins, to a predominantly green or blue-green
					 body color with a green beak. Both uhu 'ele'ele and uhu pa[BAR]lukaluka are
					 known as redlip or ember parrotfish or whiptail uhu.
"Uhu pa[BAR]lukaluka" means any fish known as
Scarus rubroviolaceus
or any recognized synonym that has not
					 reached its terminal phase. Uhu pa[BAR]lukaluka have a predominantly
					 brownish-red or yellowish gray body with reddish fins. The terminal phase of
					 these fish are known as uhu 'ele'ele. Both uhu pa[BAR]lukaluka and uhu 'ele'ele
					 are known as redlip or ember parrotfish or whiptail uhu.
"Uhu uliuli" means any fish known as
Chlorurus
					 perspicillatus
or any recognized synonym that has reached its terminal
					 phase, indicated by a change in coloration from a grayish brown body with
					 reddish fins and a broad white band at the base of the tail, to a blue-green
					 body with a dark band across the top of the snout and the lack of a white tail
					 band. Both uhu uliuli and uhu 'ahu'ula are known as spectacled parrotfish or
					 fantail uhu.
"Uku" means any fish known as
Aprion
					 virescens
or any recognized synonym. Uku are also known as uku palu,
					 green jobfish, gray jobfish, blue-green snapper, Hawaiian blue-green snapper,
					 gray snapper, slender snapper, or aochibiki.
"Ula" means any spiny lobster of the genus
Panulirus
. Ula are also known as lobster, Hawaiian spiny
					 lobster, spiny lobster, red lobster, or green lobster.
"Ula pa[BAR]papa" means any crustacean of the species
Scyllarides squammosus
or
Scyllarides haanii
,
					 or any recognized synonym. Ula pa[BAR]papa are also known as ula 'a[BAR]papapa,
					 slipper lobster, ridgeback slipper lobster, or shovel-nosed lobster.
"'Ula'ula koa'e" means any fish known as
Etelis
					 coruscans
or any recognized synonym. 'Ula'ula koa'e are also known as
					 koa'e, onaga, long-tail red snapper, ruby snapper, scarlet snapper, or
					 hamadai.
"Ulua" means any fish known as
Caranx
					 ignobilis
,
Caranx lugubris
,
Caranx
					 melampygus
,
Caranx sexfasciatus
,
Carangoides
					 equula
,
Carangoides ferdau
,
Carangoides orthogrammus
, or any
					 recognized synonym. The young of these species are also known as
					 pa[BAR]pio.
"Weke 'a[BAR]" means any fish known as
Mulloidichthys flavolineatus
or any recognized synonym. Weke
					 'a[BAR] are also known as goatfish or yellowstripe goatfish. The young of this
					 fish are known as 'oama.