reglab/statecodes huggingface dataset:
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 13-62-7 - 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 punished as provided by law, provided, any
					 punishment for any violation of the provisions shall not be deemed to preclude
					 the lessee or lessor of the reservoir from bringing legal action for damages
					 against any person for injury or destruction of property occasioned by such
					 person while present within the public fishing area or prohibited fishing
					 zone.
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 13-62-8 - Catch and Release Program

Current through June, 2024
(a) There is
				  established a catch and release program for the conservation of aquatic
				  resources within the Wahiawa public fishing area. Unless otherwise authorized
				  by law, it is unlawful for any person within the Wahiawa public fishing area to
				  keep, retain, hold, or kill any listed species found in subsection (b). Any
				  person either bringing to shore or bringing on board a vessel any listed
				  species taken from the waters of the Wahiawa public fishing area must return
				  immediately any listed species to the waters of the Wahiawa public fishing
				  area.
(b) The following are the
				  listed species:
(1) Tucunare; and
(2) Bass.
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 › Map of the Wahiawa Public Fishing Area, Oahu (5/23/89)

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 63 - WAIAKEA PUBLIC FISHING AREA, HAWAII › Section 13-63-1 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise provided:
"Aholehole" means any fish known as
Kuhlia
					 sandvicensis
or a recognized synonym. Also known as, among other
					 names, pua aholehole, ahole, and Hawaiian flagtail.
"Bait purposes" means using any aquatic life, in part,
					 whole or extract, as an attractant, for the same or other species of aquatic
					 life, in such a manner that enables a person or persons to more easily capture
					 other aquatic life.
"Mahohuli fish pond" means that body of water bounded by
					 the highest wash of the tidal water on land and further identified as located
					 west of and adjacent to Waiakea fish pond. Also known as Mohouli fish pond and
					 Mohouli pond.
"Mullet" means any fish known as
Mugil
					 cephalus
or a recognized synonym. Also known as, among other names,
					 ama'ama, anaeholo, pua, gray mullet and striped mullet.
"Samoan crab" means any crab known as
Scylla
					 serrata
or a recognized synonym. Also known as, among other names, the
					 serrate swimming crab.
"Spear" means any fishing device consisting of a straight
					 rigid shaft with one or more sharpened points at one end of the shaft, along
					 with, any device that aids in the aiming accuracy or the force of propulsion of
					 the shaft. A spear includes, but is not limited to, spear gun, bow and arrow,
					 Hawaiian sling, and three-prong spear. Also includes any similar device that is
					 capable of impaling aquatic life to allow capture, with or without the aid of
					 artificial propulsion.
"Spearing" means using or attempting to use a spear, on or
					 near the water where aquatic life may be taken.
"Ulua" means any fish belonging to the genera
Gnathanodon, Alectis, Carangoides
, and Caranx
or recognized synonyms. Also including the young known as papio, papiopio, and
					 pau u'u. Also known as, among other names, omilu, ulua aukea, ulua ele'ele,
					 jacks, and trevallys.
"Waiakea public fishing area" means that portion of the
					 Waiakea fish pond in the Wailoa river state park south of the footbridge over
					 the Wailoa river, including the Wailoa river flood control channel to the
					 highest wash of the tidal water in the channel and including that body of water
					 known as the Mahohuli fishpond as delineated in "Map of Waiakea Public Fishing
					 Area, Hawaii 4/24/98," attached at the end of this chapter.
"Width" means the widest measured straight line distance
					 between the right and left edges of the crab's carapace or back shell,
					 excluding the legs.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 63 - WAIAKEA PUBLIC FISHING AREA, HAWAII › Section 13-63-2 - Prohibited activities

Current through June, 2024
No person shall engage in the following activities within
					 the Waiakea public fishing area:
(1)
				  Operate boats:
(A) For purposes other than
				  fishing;
(B) Constructed of
				  material other than wood unless provided with floatation to render the boat
				  unsinkable, provided that any juvenile under the age of thirteen shall not be
				  allowed to operate any boat; unless accompanied by an adult eighteen years of
				  age or older;
(C) Propelled by any
				  fossil fuel motor;
(D) Between the
				  hours of 7:30 p.m. and 6:30 a.m.; or
(E) Without a life preserver for each
				  occupant; or
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 63 - WAIAKEA PUBLIC FISHING AREA, HAWAII › Section 13-63-3 - Permitted activities

Current through June, 2024
A person may:
(1)
				  Fish for finned fish with hook-and-line, provided that each fisherman shall not
				  fish with more than one line with a single lure, or two single hooks in tandem
				  and more than two inches (5.08 centimeters) apart;
(2) Use a dip net not exceeding eighteen
				  inches (45.72 centimeters) in diameter, to:
(A) Land crabs lured by bait attached to
				  lines; or
(B) Take shrimp for bait
				  purposes only;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 63 - WAIAKEA PUBLIC FISHING AREA, HAWAII › Section 13-63-4 - Penalty

Current through June, 2024
A person violating the provisions of this chapter shall be
					 guilty of a petty misdemeanor and 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 64 - KOKEE PUBLIC FISHING AREA, KAUAI › Section 13-64-1 - Intent and purpose

Current through June, 2024
The intent and purpose of this chapter is to:
1) Provide the residents and visitors of
				  Kauai a quality experience to recreationally fish for rainbow trout;
				  and
2) Allow the department to
				  adjust the open fishing season annually for the maximum benefit to the fishing
				  public.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 64 - KOKEE PUBLIC FISHING AREA, KAUAI › Section 13-64-1.2 - Definitions

Current through June, 2024
As used in this chapter:
"Department" means Department of Land and Natural
					 Resources.
"Fish," "fish for," "fishing" means to take, catch,
					 capture, confine, or harvest, or to attempt to take, catch, capture, confine,
					 or harvest, aquatic life. The use of any gear, equipment, tool, or any means to
					 take, 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 may be taken, caught, captured, confined, or harvested, shall be construed
					 as fishing.
"Freshwater game fishing license" means the license issued
					 by the department pursuant to section
					 13-74-10.
"Kokee public fishing area" means the area that includes
					 the Kokee, Kauaikinana, Kawaikoi, Vtfaiakoali, Mohihi, Poomau, Koaie and
					 Waialae streams, Puu Lua irrigation reservoir, and Kokee ditch irrigation
					 system, except as prohibited in section
					 13-64-2, and as delineated in
					 Exhibit 1, entitled "Map of the Kokee Public Fishing Area, Kauai 3/27/81,"
					 attached at the end of this chapter and incorporated by reference.
"Treble hook" means a hook comprised of three wire lengths
					 that end in points, with or without barbs.
"Trotlines" means a type of fishing gear consisting of a
					 mainline with branch lines with baited hooks attached. The main line may be
					 weighted or anchored on one end and the other end fixed to an object on the
					 shore. The main line may also have floats to adjust the height of the lines in
					 the water column.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 64 - KOKEE PUBLIC FISHING AREA, KAUAI › Section 13-64-2 - Prohibited activities

Current through June, 2024
It is unlawful for any person to engage in the following
					 activities within the Kokee public fishing area:
(1) Fish for, catch, take, possess, or remove
				  any rainbow trout except as provided in section 13-64-3;
(2) Use any form of corn for bait;
(3) Use treble hooks or more than one
				  hook;
(4) Enter into or fish in
				  that portion of Kokee stream including all tributaries above Camp Sloggett,
				  which is declared as a prohibited fishing zone;
(5) Enter into or fish in any other area
				  posted as a prohibited fishing zone;
(6) Damage or mutilate any public or private
				  property including trees and shrubs, fencelines, gates, buildings, waterlines,
				  and pumps;
(7) Contaminate or
				  pollute any stream, ditch, spring, water hole, or reservoir;
(8) Possess any spears, chemicals, trotlines,
				  nets other than as provided in section 13-64-3, or illegal fishing
				  gear;
(9) Operate any vehicle in
				  any fishing area except on roads constructed for and open to vehicular use;
				  or
(10) Utilize any aircraft to
				  gain access for fishing purposes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 64 - KOKEE PUBLIC FISHING AREA, KAUAI › Section 13-64-3 - Permitted activities

Current through June, 2024
(a) The Department
				  may issue permits to engage in activities prohibited by this chapter, as
				  provided in section
				  187A-6,
				  HRS, or other law.
(b) During an
				  open fishing season as provided in section 13-64-4, a person may fish for,
				  possess, or remove rainbow trout or any aquatic life from the Kokee public
				  fishing area, subject to the following conditions:
(1) The person shall possess a valid
				  freshwater game fishing license as required by section 13-74-10 and HRS section
				  188-50;
(2) The person shall use only one pole and
				  line, or one line with one lure or one baited hook attached to one
				  line;
(3) The person shall possess
				  not more than a maximum number of trout daily as determined by the department
				  for that open fishing season, subject to HRS section
				  188-50(d);
(4) The person must allow inspection of any
				  bag or container of any kind used to carry aquatic life, or any vehicle or any
				  conveyance used to transport aquatic life;
(5) The person shall fish only during a daily
				  time period as determined by the department for that open fishing
				  season;
(6) The person shall use a
				  dip net not more than two feet (0.61 meters) along the longest axis, excluding
				  the handle, to land hooked trout; and
(7) The person shall fill out a report before
				  and after each fishing activity as provided in section 13-64-5.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 64 - KOKEE PUBLIC FISHING AREA, KAUAI › Section 13-64-4 - Open fishing season

Current through June, 2024
(a) The department
				  shall announce annually on January 1 or soon thereafter, the period or periods
				  during which the public can fish for rainbow trout.
(b) The department shall determine the total
				  number of days open to fishing for the year, provided that the department may
				  modify the open season and announce the modification when it recognizes
				  conditions that support a lengthening or shortening of the open fishing
				  season.
(c) Every effort will be
				  made by the department to provide fishing opportunity, provided that should any
				  work be required as part of maintenance of the irrigation system, this work may
				  preclude fishing in some or all of that system.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 64 - KOKEE PUBLIC FISHING AREA, KAUAI › Section 13-64-5 - Fishing reports

Current through June, 2024
(a) All persons are
				  required to report their fishing activities in the Kokee public fishing area as
				  follows:
(1) Those persons fishing the Kokee
				  ditch system, Puu Lua reservoir, or those accessing the area through the camp
				  ten or Halemanu roads, must sign in and sign out at the Puu Lua reservoir,
				  Kokee park headquarters or Kokee hunter check-in station.
(2) Those persons accessing the area through
				  the Kukui trail, must sign in before entering and sign out upon returning to,
				  the trailhead; or
(3) Those persons
				  using any other access route into the area, must telephone the department's
				  Kauai district office in Lihue and provide the following information:
(A) Description of access route;
(B) Expected date and time of
				  entry;
(C) Expected date and time
				  of return; and
(D) Number of trout
				  caught upon return.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 64 - KOKEE PUBLIC FISHING AREA, KAUAI › Section 13-64-6 - Penalty

Current through June, 2024
Any person violating the provisions of this chapter shall
					 be guilty of a petty misdemeanor, be subject to administrative penalties, and
					 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 64 - KOKEE PUBLIC FISHING AREA, KAUAI › Section 13-64-7 - Severability

Current through June, 2024
If any provisions of this chapter, or the application
					 thereof to any person or circumstance is held invalid, the invalidity does not
					 affect other provisions or applications of the 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 III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 64 - KOKEE PUBLIC FISHING AREA, KAUAI › Exhibit 1 - Map of the Kokee Public Fishing Area, Kauai (3/27/81)

Current through June, 2024
Click Here To View Exhibit
					 1
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 65 - WAILUA RESERVOIR PUBLIC FISHING AREA, KAUAI › Section 13-65-1 - Intent and purpose

Current through June, 2024
For the purposes of this chapter, the Wailua Reservoir
					 public fishing area, Kauai, shall be managed primarily for the enjoyment and
					 pursuit of recreational fishing by Kauai's residents and visitors. The
					 department reserves the right to temporarily adjust the fishing seasons, bag
					 limits and minimum sizes or any other provision of this chapter in order to
					 improve the fish stocks and a quality fishing experience.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 65 - WAILUA RESERVOIR PUBLIC FISHING AREA, KAUAI › Section 13-65-2 - Definitions

Current through June, 2024
As used in this chapter unless otherwise provided:
"Department" means the department of land and natural
					 resources.
"Fish, fish for, fishing" means to take, catch, capture,
					 confine, or harvest, or to attempt to take, catch, capture, confine, or
					 harvest, aquatic life. The use of any gear, equipment, tool, or any means to
					 take, 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
					 may be taken, caught, captured, confined, or harvested, shall be construed as
					 fishing.
"Freshwater game fishing license" means the license issued
					 by the department pursuant to section
					 13-74-10.
"Daily bag limit" means the maximum number of fish allowed
					 as specified by species, to be caught, taken, or kept per fisher per
					 day.
"Bluegill" means any fish known as
Lepomis
					 macrochirus
or any recognized synonym.
"Largemouth bass" means any fish known as
Micropterus salmoides
or any recognized synonym.
"Motorized vessel" means any boat, kayak, canoe, raft, or
					 any other watercraft that is propelled by using engines or motors that use fuel
					 or battery.
"Smallmouth bass" means any fish known as
Micropterus dolomieui
or any recognized synonym.
"Trotlines" means a type of fishing gear consisting of a
					 main line with branch lines with baited hooks attached. The main line may be
					 weighted or anchored on one end and the other end fixed to an object on the
					 shore. The main line may also have floats to adjust the height of the lines in
					 the water column.
"Tucunare" means any fish known as
Cichla
					 ocellaris
or any recognized synonym.
"Wailua Reservoir public fishing area" means that body of
					 water, 60 or so surface acres located within the Wailua district on Kauai, and
					 is described in "Map of Wailua Reservoir Public Fishing Area, Kauai, 11/04/05,"
					 appended at the end of this chapter and incorporated by
					 reference.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 65 - WAILUA RESERVOIR PUBLIC FISHING AREA, KAUAI › Section 13-65-3 - Prohibited activities

Current through June, 2024
It is unlawful for any person to engage in the following
					 activities within the Wailua Reservoir public fishing area:
(1) Fish for, catch, take, possess or remove
				  from the reservoir, any aquatic life, or possess more than the daily bag limit,
				  except as provided in section 13-65-4;
(2) Possess any spears, chemicals, trotlines,
				  or nets other than as provided for in section 13-65-4, or other illegal fishing
				  gear;
(3) Snag any fish species
				  described in this chapter;
(4)
				  Possess or use any live animal or plant as bait in the reservoir;
(5) Enter onto or fish from any
				  reservoir-associated irrigation infrastructure, including any catwalks, valve
				  towers, or ditches of the reservoir;
(6) Launch or use any vessel, watercraft,
				  boat, kayak, canoe, inflatable craft or other similar floatable object,
				  motorized or non-motorized, or windpowered, on the reservoir;
(7) Swim, bathe, or conduct any activity in
				  the reservoir other than fishing;
(8) Enter into or fish for, or attempt to
				  catch, take, possess, or remove any aquatic life at any portion of the
				  reservoir that is designated a wildlife or waterbird sanctuary; and
(9) Contaminate or pollute the reservoir,
				  ditch, or stream.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 65 - WAILUA RESERVOIR PUBLIC FISHING AREA, KAUAI › Section 13-65-4 - Permitted activities

Current through June, 2024
(a) The department
				  may issue permits to engage in activities prohibited by this chapter, as
				  provided in section
				  187A-6,
				  HRS, or other law.
(b) A person may
				  fish for, catch, take, possess, or remove any aquatic life from the Wailua
				  Reservoir public fishing area, subject to the following conditions:
(1) Shall have a valid freshwater game
				  fishing license as provided in section 13-74-10 and HRS section
				  188-50;
(2) Shall use only one pole and line, or one
				  line with one lure or one baited hook attached to one line;
(3) Shall fish for, take, catch, possess, or
				  remove only a total aggregate daily bag limit of three fish, subject to section
				  13-65-5 and HRS Section
				  188-50(d);
(4) Must allow the inspection of any bag or
				  container of any kind to carry aquatic life, or any vehicle or any conveyance
				  used to transport aquatic life;
(5)
				  Use a dip net not more than two feet along the longest axis, excluding the
				  handle, to land hooked fish; and
(6) Fish only during the day (no night
				  fishing).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 65 - WAILUA RESERVOIR PUBLIC FISHING AREA, KAUAI › Section 13-65-5 - Daily bag limits

Current through June, 2024
The total aggregate daily bag limit shall be three fish
					 per fisher per day, provided that this total shall consist of:
(1) No more than two bluegill, and each
				  bluegill shall not be less than seven inches in total length;
(2) No more than two smallmouth bass, and
				  each bass shall not be less than nine inches in total length;
(3) No more than two largemouth bass and each
				  bass shall not be less than nine inches or more than fourteen inches in total
				  length; and
(4) No more than two
				  tucunare and each tucunare shall not be less than twelve inches or more than
				  fifteen inches in total length.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 65 - WAILUA RESERVOIR PUBLIC FISHING AREA, KAUAI › Section 13-65-6 - Penalty

Current through June, 2024
Any person violating the provisions of this chapter shall
					 be guilty of a petty misdemeanor, be subject to administrative penalties, and
					 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 65 - WAILUA RESERVOIR PUBLIC FISHING AREA, KAUAI › Section 13-65-7 - Severability

Current through June, 2024
If any provisions of this chapter, or the application
					 thereof to any person or circumstance is held invalid, the invalidity does not
					 affect other provisions or applications of the 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 III - FRESHWATER FISHERIES MANAGEMENT AREAS › Chapter 65 - WAILUA RESERVOIR PUBLIC FISHING AREA, KAUAI › Map of Wailua Reservoir Public Fishing Area, Kauai, (11/04/05)

Current through June, 2024
Click Here To View
					 Image
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 73 - FISH AGGREGATING DEVICES › Section 13-73-1 - Definition

Current through June, 2024
As used in this chapter unless otherwise provided:
"Fish aggregating device" means any anchored, surface or
					 subsurface structure including its fixtures and anchor line placed in the ocean
					 by the statewide fish aggregating system.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 73 - FISH AGGREGATING DEVICES › Section 13-73-2 - Prohibited activities

Current through June, 2024
No person, except as provided in §
										13-73-3, shall:
(1) Attach, moor or tie any boat or other
				  watercraft, or any rigging or structure to any fish aggregating device;
				  or
(2) Board, deface, damage,
				  remove, or destroy any fish aggregating device.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 73 - FISH AGGREGATING DEVICES › Section 13-73-3 - Exceptions

Current through June, 2024
A person, with the approval of the board or its authorized
					 representative, may engage in prohibited activities listed in §
										13-73-2 for maintaining,
					 operating, repairing, developing, monitoring, or for other
					 activities.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 73 - FISH AGGREGATING DEVICES › Section 13-73-4 - Penalty

Current through June, 2024
A person violating the provisions of this chapter or
					 condition of approval granted pursuant to §
										13-73-3, shall upon conviction be
					 punished as provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 1 - GENERAL PROVISIONS › Section 13-74-3 - Suspension, revocation, and non-issuance of licenses and permits, generally

Current through June, 2024
Except as may be otherwise provided, the department
						may:
(1) Suspend any and all licenses
					 and permits issued pursuant to this chapter when such action is necessary for
					 the protection and conservation of the aquatic life;
(2) Revoke any license or permit issued
					 pursuant to this chapter for any infraction of the terms and conditions of the
					 license or permit and any person whose license or permit was revoked shall not
					 be eligible to be issued another license or permit until the expiration of one
					 year from the date of revocation, unless another time period is
					 specified;
(3) In any proceeding
					 for the revocation of any license or permit issued pursuant to this chapter,
					 the licensee or permittee shall be given notice and opportunity for hearing in
					 conformity with chapter
					 91, HRS. Upon revoking the license or permit,
					 the department may specify a period of time during which the licensee or
					 permittee shall not be eligible to be issued another license; provided that the
					 period shall not exceed one year from the date of revocation; and
(4) Refuse to issue any license or permit to
					 a person who is not legally admitted to the United States, who does not provide
					 proper identification, who has unresolved violations of any license or permit
					 issued pursuant to this chapter, or for other just cause. Should the department
					 refuse to issue any license or permit, the department shall give the person
					 notice and an opportunity for hearing in accordance with chapter
					 91, HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 1 - GENERAL PROVISIONS › Section 13-74-4 - Penalties, generally

Current through June, 2024
(a) Unless
					 otherwise provided, any person violating any provision of this chapter, or the
					 terms and conditions of any license or permit issued pursuant to this chapter,
					 is subject to:
(1) Administrative penalties as
					 provided by section 187A-12.5, HRS;
(2) Criminal penalties as provided by
					 sections 187A-13,
					 188-70, and
					 189-4, 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 IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 1 - GENERAL PROVISIONS › Section 13-74-4.5 - 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 or any of the terms and conditions of any license or permit issued
						pursuant to 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 IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 1 - GENERAL PROVISIONS › Section 13-74-5 to 13-74-9 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 2 - RECREATIONAL FISHING › Section 13-74-10 - Freshwater game fishing license

Current through June, 2024
(a) No person shall
					 fish, take, or catch any introduced freshwater game fish without first
					 obtaining a freshwater game fishing license, provided that children under nine
					 years of age may fish without a license when accompanied by a licensed
					 adult.
(b) Freshwater game fishing
					 licenses shall require the person's name, address, domicile, or residence,
					 length of residence in the State, age, race, height, weight, and color of hair
					 and eyes.
(c) The fee for the
					 freshwater game fishing license is:
(1) Minors
					 under fifteen years of age, $3;
(2)
					 Residents fifteen years of age, up to, but not including, sixty-five years of
					 age, $5;
(3) Persons sixty-five
					 years of age and older, free;
(4)
					 Persons not qualifying under paragraph (1), (2), or (3) but over fifteen years
					 of age, $25, except that:
(A) Members of the
					 armed forces of the United States on active duty in the State whether
					 qualifying as a resident or not, and their spouses and children fifteen years
					 of age and over, $5;
(B) Seven-day
					 tourist license which is valid for only seven days from the date of issue, $10;
					 and
(C) Tourist license which is
					 valid for only thirty days from the date of issue, $20; and
(5) Duplicate license,
					 $1.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 2 - RECREATIONAL FISHING › Section 13-74-11 - Nonresident recreational marine fishing license

Current through June, 2024
(a) It is
					 unlawful for any nonresident of the State who has attained the age of fifteen,
					 except members of the armed forces of the United States on active duty in the
					 State and their spouses and minor children, to fish for, take, or catch any
					 marine life for noncommercial or recreational purposes without first obtaining
					 a nonresident recreational marine fishing license.
(b) Licenses shall require the person's name,
					 address, date of birth, height, weight, color of hair and eyes, and such other
					 information as the department may require.
(c) The fee for the nonresident recreational
					 marine fishing license is:
(1) For a one-day
					 fishing license, $20;
(2) For a
					 seven-day fishing license, $40; and
(3) For an annual fishing license,
					 $70.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 2 - RECREATIONAL FISHING › Section 13-74-12 to 13-74-19 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 3 - COMMERCIAL FISHING › Section 13-74-20 - Commercial marine license

Current through June, 2024
(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; provided that a valid commercial marine vessel license issued
					 pursuant to section 13-74-23 shall satisfy the commercial marine license
					 requirement for all persons taking marine life for commercial purposes aboard a
					 validly-licensed vessel.
(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; provided that
					 a valid commercial marine vessel license issued pursuant to section 13-74-23
					 shall satisfy the commercial marine license requirement for all persons
					 providing charter services for the taking of marine life aboard a
					 validly-licensed vessel.
(c)
					 Commercial marine licenses shall require the person's name, address, age, place
					 of birth, residency, height, weight, color of hair and eyes, citizenship, and
					 such other information as the department may require. The department may
					 require an applicant for a commercial marine license to show proof of identity
					 prior to issuance or renewal of a license.
(d) The fee for the issuance or renewal of a
					 commercial marine license is:
(1) $100 for
					 residents; and
(2) $250 for all
					 other persons.
The fee for a duplicate license is $10.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 3 - COMMERCIAL FISHING › Section 13-74-22 - Bait license

Current through June, 2024
(a) The department
					 may issue to commercial marine licensees a license to take the following
					 baitfishes for which an open season is declared:
(1) 'Iao (
Atherinomorus
					 insularum
);
(2) Marquesan
					 sardine (
Sardinella marquensis
);
(3) Nehu (
Encrasicholina
					 purpurea
);
(4) Piha
					 (
Spratelloides delicatulus
);
(5) "Tabai" (
Mollienesia
spp.);
(6) Threadfin shad
					 (
Dorosoma petenense
); and
(7) Gold-spot herring
					 (
Herklotsichthys quadrimaculatus
).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 3 - COMMERCIAL FISHING › Section 13-74-23 - Commercial marine vessel license

Current through June, 2024
(a) The department
					 shall, upon receipt of a valid application and appropriate fee payment, issue a
					 commercial marine vessel license to any qualified individual.
(b) A qualified individual is anyone who:
(1) Possesses a valid commercial marine
					 license;
(2) Is at least eighteen
					 years old;
(3) Provides proof of
					 identify; and
(4) Does not have any
					 unmet child support obligations pursuant to section 189-2,
					 HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 3 - COMMERCIAL FISHING › Section 13-74-24 to 13-74-39 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 4 - OTHER LICENSES AND PERMITS › Section 13-74-40 - Mullet pond operator and closed season sales license

Current through June, 2024
(a)
					 The department may issue to any owner or operator of a fish pond a license to
					 lawfully catch young mullet, known as pua, during the closed season, for the
					 purpose of stocking the owner's or operator's pond, and provided that any owner
					 or operator of a fish pond and any dealer may lawfully sell such pond raised
					 mullet during the closed season with such a license granting this
					 privilege.
(b) A separate license
					 is required for each fish pond or market operation, regardless of whether
					 several fish pond or market operations from which the mullet are sold are owned
					 or operated by the same person, and shall be readily available for inspection
					 at all times.
(c) The fee for the
					 mullet pond operator and closed season sales license is $100, and the duplicate
					 license fee is $10.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 4 - OTHER LICENSES AND PERMITS › Section 13-74-41 - Kona crab and lobster closed season sales license

Current through June, 2024
(a) The
					 department may issue a license to a commercial marine dealer, or any
					 restaurant, to sell or serve during the closed season, Kona crabs or lobsters
					 lawfully caught during the open season.
(b) Each licensee shall submit a report to
					 the department within five days after the end of each of the closed season
					 months. The report shall list the amount of remaining Kona crab and lobster in
					 the licensee's inventory as of the end of the month.
(c) The fee for the Kona crab and lobster
					 closed season sales license is $100, and the duplicate license fee is
					 $10.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 4 - OTHER LICENSES AND PERMITS › Section 13-74-42 - Special marine animal or product possession and sale license

Current through June, 2024
(a) The department may issue a license to an
					 importer, wholesaler, retailer, or restaurant to possess, sell, or offer for
					 sale, any fish, shellfish, crustacean, or other marine animal, or any product
					 made from such marine animals taken outside of the waters of the State, when
					 such taking, possession, or sale of the same species is restricted if taken
					 within the waters of the State.
(b)
					 Licenses shall require the business' name, address, telephone number, name of
					 applicant, and any other information the department may require.
(c) Each licensee shall furnish to the
					 department monthly reports that include the following information:
(1) If the licensee is an importer:
(A) Species imported, source, quantity, and
					 arrival date; and
(B) Name and
					 address of buyers, species sold, quantity, and date of such sale;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 4 - OTHER LICENSES AND PERMITS › Section 13-74-43 - Aquaculture license

Current through June, 2024
(a) After review of
					 a written application, the department may issue to any qualified aquaculturist
					 a license to fish for, rear, possess, or sell any aquatic life whose fishing,
					 possession, or sale is prohibited by closed season, minimum size, or bag limit;
					 provided that the qualified aquaculturist rears or reared the aquatic life in
					 an aquaculture facility for commercial purpose. To qualify for a license a
					 qualified aquaculturist must satisfy the department that the qualified
					 aquaculturist is able to maintain aquatic life or live rock alive and in good
					 health in an aquaculture facility at all times in accordance with industry-wide
					 standards.
(b) The licensee shall
					 make and issue a receipt whenever a transaction concerning regulated aquatic
					 life occurs. The receipt shall be a written record of the transaction and shall
					 include:
(1) The transaction date;
(2) The name and address of the licensee, the
					 name of the person issuing the receipt, and the name and address of the person
					 to whom the receipt is issued, except that the name and address of the person
					 to whom the receipt is issued are not required if the transaction is with a
					 person who will not resell the regulated aquatic life;
(3) The name, weight, number or other
					 appropriate measure of quantity, and value of all regulated aquatic life
					 involved in the transaction; and
(4) Any other information the department may
					 require.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 4 - OTHER LICENSES AND PERMITS › Section 13-74-44 - License to sell reared species

Current through June, 2024
(a) The department
					 may issue to any person a license to possess, sell, or offer for sale any
					 aquatic life whose possession or sale is prohibited by a closed season, minimum
					 size, or bag limit; provided that the aquatic life was reared in a licensed
					 aquaculture facility.
(b) The
					 licensee shall keep a receipt issued by the licensed aquaculture facility when
					 receiving or buying the regulated aquatic life.
(c) The licensee shall issue a receipt to the
					 person to whom the regulated aquatic life is sold or transferred. The receipt
					 shall be a written record of the transaction and shall include:
(1) The transaction date;
(2) The names and addresses of the licensee,
					 the person issuing the receipt, and the person to whom the receipt is issued,
					 except that the name and address of the person to whom the receipt is issued
					 are not required if the transaction is with a person that will not resell the
					 regulated aquatic life;
(3) The
					 name, weight, number or other appropriate measure of quantity, and value of all
					 regulated aquatic life involved in the transaction; and
(4) Any other information the department may
					 require.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 4 - OTHER LICENSES AND PERMITS › Section 13-74-45 - Commercial marine dealer license

Current through June, 2024
(a) No person shall
					 sell, offer for sale, exchange, or act as an agent in the sale, exchange, or
					 transfer of marine life obtained directly from a commercial marine licensee,
					 unless the person possesses a valid commercial marine dealer license; provided
					 that a commercial marine licensee who sells or exchanges self-caught marine
					 life at retail and complies with the reporting requirements of section 13-74-2
					 shall not be required to hold a commercial marine dealer license.
(b) A commercial marine dealer licensee shall
					 not sell or offer for sale, purchase or attempt to purchase, exchange, or act
					 as an agent in the sale, exchange, or transfer of any marine life taken within
					 the jurisdiction of the State for commercial purpose that is obtained from any
					 person who 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.
(c) Each market outlet where marine life that
					 is obtained directly from a commercial marine licensee is sold for commercial
					 purposes shall have a separate commercial marine dealer license, even if one
					 person owns or operates several market outlets. A copy of the license shall be
					 kept at the market outlet and shall be made available for immediate inspection
					 upon the demand of any officer or agent authorized to enforce the laws of the
					 State.
(d) The fee for a commercial
					 marine dealer license is $100 and the duplicate license fee is $10.
(e) Every holder of a commercial marine
					 dealer license shall comply with the reporting requirements of section
					 13-74-46.
(f) For purposes of this section, "market
					 outlet" means a location where marine life is sold or offered for sale. A
					 market outlet can be a physical location such as a retail market or restaurant
					 or an online location such as a website specifically designed to facilitate the
					 sale of marine life.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 4 - OTHER LICENSES AND PERMITS › Section 13-74-46 - Commercial marine dealer report

Current through June, 2024
(a) Every
					 commercial marine dealer shall submit to the department a report of all marine
					 life obtained, purchased, transferred, exchanged, or sold during a weekly
					 reporting period, which begin on Sundays and end on the following Saturdays. A
					 report shall be submitted to the department by the Tuesday following the end of
					 each weekly reporting period. Reports shall contain the following information:
(1) The name, address, and telephone number
					 of the commercial marine dealer;
(2) The time period for which the report is
					 being submitted;
(3) The species,
					 numbers, weights, and values of each of the varieties of marine life landed in
					 the State that the dealer obtained, purchased, transferred, exchanged, or sold
					 during the reporting period;
(4)
					 The name and current license number of the commercial marine licensee from whom
					 the marine life was obtained or purchased; and
(5) Other information as required on forms
					 provided by, or as directed in writing by, the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 74 - LICENSE AND PERMIT PROVISIONS AND FEES FOR FISHING, FISH, AND FISH PRODUCTS › Subchapter 4 - OTHER LICENSES AND PERMITS › Section 13-74-47 to 13-74-59 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 75 - RULES REGULATING THE POSSESSION AND USE OF CERTAIN FISHING GEAR › Section 13-75-2 - Penalty

Current through June, 2024
(a) Any person violating any provision of
				  this chapter or the terms and conditions of any license or 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
				  sections 187A-13,
				  188-70, and
				  189-4, HRS; and
(3) Any other penalty as provided by
				  law.