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 13-60.8-2 - Definitions

Current through June, 2024
As used in this chapter:
"Aquatic life" means any type or species of mammal, fish,
					 amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or
					 other animal that inhabits the freshwater or marine environment and includes
					 any part, product, egg, or offspring thereof; or freshwater or marine plants,
					 including seeds, roots products, and other parts thereof.
"Area" means the Ha'ena Community-Based Subsistence
					 Fishing Area (Ha'ena CBSFA), as encompassed within the boundaries described in
					 section 13-60.8-3(a).
"Day" means a twenty-four hour period.
"Department" means the department of land and natural
					 resources.
"Deploy" means to place the specified gear in the water,
					 whether in whole or in part.
"Fish" means any species of aquatic life with a backbone,
					 gills, and with limbs that are fins, if any.
"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 generally large enough to permit the heads of fish to pass through,
					 ensnaring them around the gills, fins, spines, or mid-section when they attempt
					 to escape.
"Hand-harvest" means to gather directly with the hands
					 only, and without the use of any net, spear, trap, rake, or any other tool or
					 implement.
"He'e" means any cephalopod mollusk known as
Octopus cyanea, Octopus ornatus,
or any recognized
					 synonym.
"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.
"Kupe'e" means any marine snail known as
Nerita
					 polita
or any recognized synonym.
"Limu" means any marine alga including algae in the
					 intertidal zone.
"Lobster" means any crustacean in the family Palinuridae
					 or in the family Scyllaridae. Lobsters are also known as ula (spiny lobster) or
					 ula papapa (slipper lobster).
"Marine life" means any type or species of saltwater fish,
					 shellfish, mollusks, crustaceans, coral, algae, or other marine animals,
					 including any part, product, egg, or offspring thereof; or any type or species
					 of seaweeds or other marine plants or algae, including any part, product, seed,
					 holdfast, or root thereof.
"Noncommercial purposes" means for personal, cultural,
					 recreational, or subsistence use, and not for compensation of any kind,
					 regardless of whether the compensation is received inside or outside of the
					 boundaries of the area.
"'Opihi" means any mollusk of the genus
Cellana
or any recognized synonym. 'Opihi are also known as ko'ele,
					 'alinalina, makaiauli, or limpets.
"Pa'ipa'i net fishing" means a technique of fishing where
					 a person or persons engage or attempt to engage in the act of deploying a gill
					 net in the water in a specific location in a straight line or semicircular
					 configuration, and a person or persons chase aquatic life into the net.
"Pipipi" means any marine snail known as
Theodoxus
					 neglectus, Nerita picea, Neripteron
neglectum,
or any
					 recognized synonym.
"Pole spear" means a spear consisting of a straight shaft
					 terminating in up to three pointed prongs, and to which up to two elastic bands
					 may be attached. A pole spear is released solely by hand and without the aid of
					 any trigger mechanism as characteristic of a speargun or hinge gun.
"Pupu" means any marine or terrestrial species belonging
					 to the order Gastropoda or Bivalvia. Unless otherwise specified, as used in
					 this chapter, pupu refers to the live mollusk as a whole, not just the hard
					 outer shell.
"Scoop net" means a hand net consisting of a bag of mesh
					 material attached to a frame to hold the bag open, which may be attached to a
					 single handle no more than three feet in length.
"Snorkel" means an underwater breathing apparatus
					 consisting of a tube no more than two feet in length, which extends from a
					 person's mouth to the surface of the water, through which a person is able to
					 breathe air using only the lungs and without the aid of a compressor.
"Subsistence" means the customary and traditional native
					 Hawaiian uses of renewable ocean resources for direct personal or family
					 consumption or sharing.
"Surround gill net fishing" means a fishing technique
					 where any person deploys or attempts to deploy a gill net in the water to
					 encircle aquatic life. Aquatic life may entangle within the net mesh as the
					 aquatic life swim or move into the net. Surround gill net fishing involves a
					 closed net configuration, a moving net, a person or persons chasing aquatic
					 life into the net, and only entangled aquatic life are captured.
"Take" means to fish for, catch, injure, kill, remove,
					 capture, confine, or harvest, or to attempt to fish for, catch, injure, kill,
					 remove, capture, confine, or harvest.
"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.
"Underwater breathing apparatus" means any apparatus that
					 allows a person to breathe while below the surface of the water.
"Urchin" means any invertebrate in the class Echinoidea.
					 Urchins are also known as wana, halula, ha'uke'uke, hawa'e, 'ina, or sea
					 urchin.
"Vessel" means any craft used or capable of being used as
					 a means of transportation on or in the water.