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 13-74-1 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise
						provided:
"Aquatic life" means any type of 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.
"Baitfish" means any of the species listed in section
						13-74-22.
"Baitfishing report" means a monthly report that is
						furnished to the department with respect to any baitfish taken.
"Bottomfish fishing activity" means those fishing
						activities associated with the taking of bottomfish while on a vessel.
"Catch report" means a monthly report that every
						commercial marine licensee shall furnish to the department with respect to the
						marine life taken.
"Commercial marine dealer" means any person who sells or
						exchanges, or who is an agent in the transfer of marine life obtained directly
						from a commercial marine licensee, or any commercial marine licensee who sells
						or exchanges marine life at retail.
"Commercial marine license" means any license issued to
						take marine life within or outside the State for commercial purpose.
"Commercial marine licensee" means a person who has been
						issued a commercial marine license pursuant to section
						189-2, HRS.
"Commercial marine vessel license" means a license issued
						to an individual for a specific vessel that allows all crew on board the vessel
						to take marine life within or outside the State for commercial purpose without
						requiring each crew member to possess an individual commercial marine
						license.
"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.
"Department" means the department of land and natural
						resources.
"Fishing", "fishing activities", or "to fish" means
						catching, taking, or harvesting, or attempting to catch, take, or harvest,
						aquatic life. The use of a pole, line, hook, net, trap, spear, or other gear
						that is designed to catch, take, 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 caught, taken, or harvested, is deemed to be
						fishing.
"Freshwater game fishes" means those introduced
						freshwater fishes as listed in section
						13-99-2.
"Freshwater game fishing license" means a license issued
						to take freshwater game fishes.
"License period" means the period of time during which
						the license is or was valid.
"Licensee" means any person who has been issued a license
						pursuant to this chapter.
"Main Hawaiian islands" means those islands, reefs, and
						shoals, as well as their respective appurtenant reefs and territorial waters of
						the Hawaiian Islands chain beginning and including the island of Ni'ihau to and
						including the island of Hawai'i.
"Marine life" means any type or species of saltwater
						fish, shellfish, mollusks, crustaceans, coral, or other marine animals,
						including any part, product, egg, or offspring thereof; or seaweeds or other
						marine plants, including any part, product, seed, or root thereof.
"Nonresident" means any individual who is not a resident
						of the State of Hawai'i.
"Permittee" means any person who has been issued a permit
						pursuant to this chapter.
"Person" means an individual, partnership, firm, company,
						corporation, association, or other entity.
"Qualified aquaculturist" means a person, or association
						of persons, actively engaged in aquaculture farming, aquacultural produce
						processing, or aquacultural product development activities.
"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.
"Trip" means any bout of fishing activity occurring in
						state marine waters in the course of a one way or round trip, and generally
						includes when a vessel has left port or shore until it puts into port or goes
						ashore, even if not to the point of origin.