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 13-60.11-4 - 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 Kipahulu 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) The following restrictions apply within
				  the Kipahulu CBSFA:
(1) It is unlawful to take
				  or possess more than ten finfish per person per day; provided that akule and
				  introduced or invasive fish species do not count towards the ten finfish bag
				  limit.
(2) It is unlawful to take
				  any akule for commercial purposes.
(3) It is unlawful to take or possess more
				  than one 'omilu per person per day.
(4) It is unlawful to take or possess more
				  than two kala per person per day.
(5) It is unlawful to take or possess any
				  kole less than five inches in length.
(6) It is unlawful to take or possess any
				  moi:
(A) From May through
				  September;
(B) Less than eleven
				  inches in length; or
(C) Greater
				  than eighteen inches in length.
(7) It is unlawful to take or possess:
(A) More than forty 'opihi of any species per
				  person per day;
(B) Any 'opihi with
				  a shell diameter of less than one and one-fourth inches or greater than two
				  inches;
(C) Any 'opihi within the
				  'Opihi Rest Area; or
(D) Any 'opihi
				  while diving.
(8) It is
				  unlawful to take or possess:
(A) Any ula or
				  ula papapa from May through September; or
(B) A combined total of more than two ula or
				  ula papapa per person per day.
(9) It is unlawful to take or possess more
				  than two spotted reef crabs per person per day.
(10) It is unlawful to take or possess any
				  native limu species with a holdfast or roots attached.
(11) It is unlawful to engage in surround net
				  fishing using a gill net with a stretched mesh of less than two and
				  three-fourths inches.
(12) It is
				  unlawful to engage in surround net fishing to take any marine life, except
				  akule and ta'ape.
(13) It is
				  unlawful to take any marine life using a bag net.
(14) It is unlawful for any person who is in
				  the water or on or about the shore where fish can be taken to have in the
				  person's possession a throw net with a stretched mesh of less than three
				  inches.
(15) It is unlawful for any
				  person to use more than two fishing poles, provided that each fishing pole may
				  have only one line, and each line may have no more than two hooks, with each
				  hook having only one point, while at or near the shoreline, except that double
				  or treble hooks are allowed when using fishing lures.
(16) Except as provided in subsection (c) of
				  this section, it is unlawful for any person to:
(A) Take any marine life while using SCUBA
				  gear;
(B) Possess both SCUBA gear
				  and marine life at the same time; or
(C) Possess both SCUBA gear and fishing gear
				  at the same time.
(17)
				  During the time period beginning thirty minutes after sunset until thirty
				  minutes before sunrise, it is unlawful to:
(A) Take or possess any marine life while
				  diving; or
(B) Possess any fishing
				  gear while diving.
(18)
				  It is unlawful to take or possess any marine life within the Kukui Bay
				  Sanctuary.