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 13-75-1 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise provided:
"Akule" means any fish identified as
Selar
					 crumenophthalmus
or any recognized synonym. Akule are also known as
					 pa'a'a, halalu, hahalalu, goggle-eyed scad, or big-eyed scad.
"Bag net" means a type of fishing net made into the shape
					 of a pocket or pouch with an open end held open in the water with the aid of a
					 net float line that supports the top edge of the net up towards the ocean
					 surface and parallel to a net lead line that keeps the lower edge of the net
					 down on the ocean bottom. The bag net is usually made of heavy gauge line to
					 make the net very visible and made of small mesh to prevent the fish from
					 passing through the mesh.
"Bag net fishing method" means a technique of fishing where
					 a person or persons engage in the act of or attempt to engage in the act of
					 deploying a fence net in the water in such a manner as to completely encircle
					 the aquatic life. The fence net primarily acts like a barrier to hold or
					 concentrate the aquatic life within the net. The mesh is smaller than the
					 target species so as to prevent the smaller aquatic life from swimming through
					 or entangling in the mesh. The aquatic life is then moved into the bag net for
					 removal from the water. The main characteristics of the bag net fishing method
					 are the closed net configuration, the moving net, person or persons do not
					 chase the aquatic life into the net, and most, if not all, of the aquatic life
					 within the net are captured.
"Bullpen trap" means a type of fishing gear that has a pen
					 and guide or guides of a length or lengths of net or material designed to guide
					 aquatic life into the pen situated to prevent the escape of some or all of the
					 aquatic life entering the pen, whether or not the guide or guides are connected
					 to the pen.
"Closed net configuration" means a net that is deployed in
					 a manner in which the net acts as a physical barrier that prevents or impedes
					 the escape of aquatic life that are too large to pass through the mesh. A net
					 so deployed in a series of baffles or in a complete circle will not allow large
					 fish to escape capture, even if the fish are not entangled in the mesh.
"Commercial marine licensee" means any person that has been
					 issued a commercial marine license pursuant to section
					 189-2, HRS, and section
					 13-74-20.
"Department" means the department of land and natural
					 resources.
"Freshwater stream" means any river, creek, canal, ditch,
					 or other natural or artificial watercourse with a defined bed or channel in
					 which freshwater flows, either continuously or periodically. This includes
					 portions of freshwater streams that may contain brackish water or saltwater
					 periodically, such as at high tide or during times of low or no freshwater
					 flow.
"Gill net" means a panel or curtain of net made of various
					 materials, that is suspended vertically in the water with the aid of a net
					 float line that supports the top edge of the net up towards the ocean surface
					 and parallel to a net lead line that keeps the lower edge of the net down
					 towards the ocean bottom. The gill net is usually made of transparent or
					 semi-transparent materials to make the net seem invisible underwater, with mesh
					 openings large enough to permit the heads of fish to pass through, ensnaring
					 them around the gills when they attempt to escape.
"Gold-spot herring" means any fish identified as
Herklotsichthys quadrimaculatus
or other recognized
					 synonyms.
"Hand net" means a net consisting of a bag of mesh material
					 attached to a frame to hold the bag open, and a handle. The net is small enough
					 to use with one hand by one person.
"'Iao" means any fish known as
Atherinomorus
					 insularum
or any recognized synonym. 'Iao are also known as Hawaiian
					 silverside or Hawaiian Islands silverside.
"Landing net" means a hand net that is used to further
					 secure capture of marine life, after the marine life has been first hooked or
					 otherwise detained, to prevent the marine life from becoming unhooked or
					 lost.
"Lay net" means a gill net that is used in lay net
					 fishing.
"Lay netting" or "lay net fishing method" means a technique
					 of fishing where a person or persons engage in the act of or attempt to engage
					 in the act of deploying a gill net in the water in a specific location, then
					 retrieving the gill net from the same location, after a certain time period has
					 passed to allow for the capture of aquatic life. The lay net primarily
					 entangles aquatic life within the mesh of the net as the aquatic life swim or
					 move into the stationary lay net. The lay net is most commonly deployed in a
					 straight line or semi-circular configuration. The main characteristics of lay
					 net fishing are the open net configuration, the stationary net, person or
					 persons may chase the aquatic life into the net, and only aquatic life that
					 becomes entangled in the net mesh are captured. This fishing method is also
					 known as set netting, cross netting, pa'ipa'i netting, and moemoe
					 netting.
"Makiawa" or "mikiawa" means any fish identified as
Etrumeus teres
or
Etrumeus micropus
or other
					 recognized synonyms.
"Marquesan sardine" means any fish identified as
Sardinella marquensis
or other recognized synonyms.
"Multi-panel lay net" means a lay net consisting of two or
					 more layers of netting, usually of different mesh size. This gear is also known
					 as a trammel net.
"Nehu" means any fish identified as
Encrasicholina
					 purpurea
or other recognized synonyms.
"'Opae" or 'shrimp" or other recognized synonyms means an
					 invertebrate crustacean of the Order Decapoda, but other than lobsters, crabs,
					 or crayfish.
"'Opelu" means any fish of the genus
Decapterus.
'Opelu are also known as mackerel scad.
"Pua" means any juvenile fish of the species
Mugil
					 cephalus
or any recognized synonym. Pua are also known as pua 'ama,
					 pua 'ama'ama, pua po'ola, or pua 'o'ola. 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.
"Resident" means an individual that has established the
					 individual's primary residence and worked in the State continuously for a
					 period of twelve months or longer immediately prior to applying for or
					 obtaining a license or permit, or has filed or paid the individual's State
					 income taxes for the previous tax period, or has established domicile in the
					 State. Domicile may be established by providing documentation including a valid
					 Hawai'i driver's license or identification card, a valid school identification
					 card, or any other official document issued to the individual within the
					 previous thirty days from a government agency, financial institution, insurance
					 company, or utility company.
"Stony coral" means any of the invertebrate species
					 belonging to the Order Scleractinia, characterized by having a hard calcareous
					 skeleton, that are native to the Hawaiian islands.
"Stretched mesh" means the straight line distance between
					 two opposite inner edges of each eye of the net mesh as measured when the eye
					 is stretched to its maximum size.
"Surround gill netting or surround gill net fishing method"
					 means a technique of fishing where a person or persons engage in the act of or
					 attempt to engage in the act of deploying a gill net in the water in such a
					 manner as to completely encircle the aquatic life. The gill net primarily
					 entangles aquatic life within the mesh of the net as the aquatic life swim or
					 move into the surround gill net. The main characteristics of surround gill net
					 fishing are the closed net configuration, the moving net, person or persons
					 chase the aquatic life into the net, and only the aquatic life that entangles
					 in the net mesh are captured.
"Take" means to fish for, catch, capture, confine, or
					 harvest, or to attempt to fish for, catch, or harvest, aquatic life. The use of
					 any gear, equipment, tool, or any means to fish for, catch, capture, 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.
"Throw net" means a circular net with a weighted outer
					 perimeter designed to be deployed by manually casting or throwing the net over
					 fish or other aquatic life. This gear is also known as a cast net.
"Using" means placing in the water or attempting to place
					 in the water.