reglab/statecodes huggingface dataset:
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 13-75-2.5 - 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 the terms and conditions of any license or permit issued as provided
					 by 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 75 - RULES REGULATING THE POSSESSION AND USE OF CERTAIN FISHING GEAR › Section 13-75-3 - Severability

Current through June, 2024
If any provision 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 IV - FISHERIES RESOURCE MANAGEMENT › Chapter 75 - RULES REGULATING THE POSSESSION AND USE OF CERTAIN FISHING GEAR › Section 13-75-4 - Disposal of fishing gear

Current through June, 2024
It is unlawful to discard or otherwise dispose of any
					 fishing net, trap, or gear with netting, or parts thereof, in the waters of the
					 State. Any person violating this section shall be subject to penalty under
					 sections 187A-12.5 and
					 188-70, HRS.
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 13-75-5 - Explosives

Current through June, 2024
(a) It is unlawful to possess or use on or
				  near state waters, any explosives or blasting fuse caps, for the purpose of
				  taking aquatic life, except under the terms and conditions of a permit first
				  obtained by the user from the department.
(b) The department may issue permits for the
				  use of explosives consistent with other legal requirements.
(c) Any person found to have violated
				  subsection (a) shall be guilty of a class C felony as provided under
				  188-70(b),
				  HRS.
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 13-75-6 - Electrofishing devices

Current through June, 2024
(a) It is unlawful
				  to possess or use on or near state waters, any electrofishing devices or any
				  source of electrical energy with appurtenant devices for the introduction of
				  electricity into the water for the purpose of taking aquatic life, except under
				  the terms and conditions of a permit first obtained by the user from the
				  department.
(b) The department may
				  issue permits for the use of electrofishing devices consistent with other legal
				  requirements.
(c) Any person found
				  to have violated subsection (a) of this provision shall be guilty of a class C
				  felony as provided under
				  188-70(b),
				  HRS.
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 13-75-7 - Poisonous substances

Current through June, 2024
(a) It is unlawful
				  to deposit in, permit to pass into, or place where it can pass into the state
				  waters for the purpose of taking aquatic life, any of the following:
(1) Any petroleum, coal or oil tar,
				  lampblack, aniline, asphalt, bitumen, or residuary product of petroleum or
				  carbonaceous material or substance;
(2) Hypochlorous acid or any of its salts,
				  including bleaches commonly sold under various trade names, such as Clorox and
				  Purex, and bleaching powders;
(3)
				  Preparations containing rotenone, tephrosin, or plant materials from
Barringtonia asiatica
,
Cocculus ferrandianus, Hura
				  crepitans, Piscidia erythrina, Tephrosia purpurea, Wikstroemia spp.
;
				  or
(4) Any other substance or
				  material deleterious to aquatic life; except under the terms and conditions of
				  a permit first obtained by the user from the department.
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 13-75-8 - Firearms

Current through June, 2024
(a) No person shall pursue, take, or kill any
				  turtle, crustacean, mollusk, aquatic mammal, or fish, except tuna and billfish
				  that have been caught and gaffed, in the State with firearms as defined in
				  section 134-1, HRS.
(b) Any crustacean, mollusk, aquatic mammal,
				  or fish taken or killed in violation of this section, or offered for sale after
				  being taken or killed in violation of this section, shall be confiscated and
				  offered as evidence.
(c) Any person
				  violating this provision shall be subject to penalty as provided under sections
				  187A-12.5 and
				  188-70, HRS. Evidence of each
				  specimen may constitute a separate offence. Enforcement of any offense under
				  this section shall not preclude any prosecution under chapter
				  134, HRS.
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 13-75-9 - Spears

Current through June, 2024
(a) No person shall pursue, take, or kill any
				  crustacean (except introduced freshwater prawns), turtle, or aquatic mammal in
				  the State with a spear.
(b) Any
				  crustacean, mollusk, aquatic mammal, or fish taken or killed or offered for
				  sale in violation of this section shall be confiscated and offered as
				  evidence.
(c) No person shall take
				  any fish by the use of spears, or possess any speared fish which is smaller
				  than the minimum size for the fish as specified in chapter
				  13-95, HAR, or any rule adopted under
				  section 187A-5, HRS. Any person
				  violating this provision for the first time shall receive a citation. Evidence
				  of each specimen may constitute a separate offense. Any subsequent violation
				  shall be punished as provided for in sections
				  187A-12.5 and
				  188-70, HRS; provided that the
				  first subsequent violation shall be considered a first violation for the
				  purposes of section 187A-13, HRS.
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 13-75-10 - Throw nets

Current through June, 2024
(a) 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 mesh of less than two inches stretched
				  mesh.
(b) It shall be unlawful for
				  any person to sell or to offer for sale any throw net with a mesh of less than
				  two inches stretched mesh.
(c) Any
				  person violating this provision shall be subject to penalty as provided under
				  sections 187A-12.5 and
				  188-70, HRS.
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 13-75-11 - Drift gill nets

Current through June, 2024
(a) It is unlawful for any person to possess
				  or use any drift gill net in the waters of the State.
(b) Any person violating this section shall
				  be subject to penalty as provided under sections
				  187A-12.5 and
				  188-70, HRS.
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 13-75-12 - Gill nets

Current through June, 2024
(a) It is unlawful for any person engaged in
				  gill net fishing to:
(1) Leave the person's
				  net unattended for any amount of time; or
(2) Leave the net in the water for a period
				  of more than four hours in any twenty-four hour period.
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 13-75-12.2 - Akule nets

Current through June, 2024
(a) It is unlawful for any person without a
				  valid commercial marine license to take akule with any net that has less than
				  two and three-fourths inches stretched mesh, except as provided in subsection
				  (e) or as may be otherwise provided by law.
(b) It is unlawful for any person without a
				  valid commercial marine license to take akule while using the bag net fishing
				  method.
(c) Except as provided in
				  subsection (e) or as may be otherwise allowed by law, it is unlawful for any
				  commercial marine licensee to take akule while using the:
(1) Lay net fishing method with a net that
				  has less than two and three-fourths inches stretched mesh;
(2) Surround net fishing method with a net
				  that has less than two and one-half inches stretched mesh; or
(3) Bag net fishing method with a net that
				  has less than one and one-half inches stretched mesh.
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 13-75-12.4 - Lay nets

Current through June, 2024
(a) No person shall use or possess any lay
				  net in State waters without first obtaining a lay net permit. Lay net permits
				  shall be non-transferrable and shall expire on June 30 of each year.
(b) The fee for issuance or renewal of a lay
				  net permit shall be $25, provided that the fee shall be waived for Hawai'i
				  residents and members of the armed forces of the United States on active duty
				  in the State and their spouses and minor children. The fee for a duplicate
				  permit shall be $10.
(c) The
				  department may revoke, suspend, or withhold issuance or renewal of a lay net
				  permit for any violation of this section, provided that any revocation,
				  suspension, or withholding of a lay net permit shall not exceed three months
				  unless a longer period not to exceed two years is approved by the
				  board.
(d) It is unlawful for any
				  person within the jurisdiction of state waters to:
(1) Possess or use a lay net that, except as
				  provided in section
				  13-60.4-6, is:
(A) Longer than one hundred twenty-five feet
				  in length when set end to end, or more than seven feet in stretched height;
				  or
(B) Of less than two and
				  three-fourths inches stretched mesh, except as provided in section
				  13-52-2(2)(A);
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 13-75-12.5 - State waters around Moloka'i, special rules

Current through June, 2024
(a)
				  Notwithstanding the provisions of section
				  13-75-12.4, it is unlawful for any
				  person in State waters of the island of Moloka'i to use a lay net:
(1) That is longer than 750 feet in length
				  when set end to end, or more than seven feet in stretched height; or
(2) That has a stretched mesh of less than
				  two and three-fourths inches.
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 13-75-13 - Bullpen traps

Current through June, 2024
(a) It is unlawful for any person to use
				  bullpen traps with a stretched mesh of less than two inches.
(b) It is unlawful for any person to capture
				  or attempt to capture aquatic life with a bullpen trap which exceeds two
				  thousand feet in total length.
The total length of a bullpen trap shall include the length
					 of the guide or guides and pen.
(c) It is unlawful for any person engaged in
				  bullpen trap fishing to leave the trap in the same place for a period of more
				  than sixteen hours.
(d) It is
				  unlawful for any person to capture or attempt to capture aquatic life with a
				  bullpen trap within one thousand yards from the shoreline, except as provided
				  in subsection (e).
(e)
				  Notwithstanding subsection (d), it is lawful to capture or to attempt to
				  capture aquatic life with a bullpen trap in the area seaward from five hundred
				  yards from the shoreline of the island of Moloka'i west of Kaunakakai wharf and
				  in the area seaward from two hundred yards from the shoreline of the island of
				  Moloka'i east of Kaunakakai wharf; provided that the department may designate
				  other areas of similar characteristics in which the use of bullpen traps within
				  one thousand yards from the shoreline may be allowed under this
				  subsection.
(f) Any person
				  violating any portion of this section shall be subject to penalty as provided
				  under sections 187A-12.5 and
				  188-70, HRS. Each violation may
				  constitute a separate offense.
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 13-75-14 - Nets, generally

Current through June, 2024
(a) It is unlawful
				  for any person to use nets made of or using netting with a stretched mesh of
				  less than two inches, except that:
(1) Pond
				  owners or operators who hold a valid license issued under section
				  13-74-40, may use nets of smaller
				  mesh to take young mullet or pua for stocking their fish ponds;
(2) Commercial marine licensees who hold a
				  valid bait license issued under section
				  13-74-22, may use nets of smaller
				  mesh to take nehu, 'iao, marquesan sardine, gold-spot herring, or any other
				  species for which an open season may be declared by the department for use as
				  bait;
(3) All persons may use nets
				  of smaller mesh to take shrimp or 'opae, 'Opelu, makiawa, or mikiawa;
(4) Aquarium fish collectors with a valid
				  aquarium fish permit issued pursuant to section
				  188-31, HRS, may use traps and
				  nets for aquarium fish and other aquatic life in conformance with the
				  conditions of the permit, provided that non-commercial aquarium fish collectors
				  shall be limited to a combined total of five fish or aquatic life specimens per
				  person per day;
(5) All persons may
				  use a net with mesh of not less than one and one-half inches to take akule;
				  provided that no akule measuring less than eight and one-half inches in total
				  length from the tip of the snout to the tip of the tail shall be taken with a
				  net during the months of July, August, September, and October;
(6) All persons engaged in surround net
				  fishing with scuba, may use nets with mesh of not less than one and one-half
				  inches only to bag and transport the fish captured with legal gear to the shore
				  or the boat; and
(7) All persons
				  may use hand nets or scoop nets of smaller mesh to take fish or other marine
				  life for noncommercial purposes only; provided that the net, including any
				  handle and other attachment thereto, shall not exceed three feet in any
				  dimension.
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 13-75-15 - Traps

Current through June, 2024
(a) It is unlawful for any person to use any
				  type of trap which is not portable or which is more than ten feet in length or
				  six feet in height or width.
(b)
				  Except for traps of smaller mesh to take shrimp or 'opae, and for the entrance
				  cone, it shall also be unlawful to use traps:
(1) With netting having a stretched mesh of
				  less than two inches; or
(2) Made
				  with plastic, wire, coated wire, or any other stiff material with a rigid mesh
				  of less than two inches long by one inch wide.
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 › Table of Descriptions of Lay Net Fishing Prohibited Areas (April 19, 2006)

Current through June, 2024
Location
Area Description/Boundary Definition
Maui (island)
State waters out to 3 nautical miles around the
								entire island.
Kane'ohe Bay, O'ahu
State waters out to 3 nautical miles and bounded by
								the nearest landward limits of the Sampan and Ship channels and further bounded
								landward by that portion of the Ship channel that connects North and South
								portions of the Bay.
Kailua Bay, O'ahu
State waters out to 3 nautical miles and bounded by
								the latitude coordinates 21°27.5'1"N (Mokapu Point) and 21°22.8'1"N
								(Wailea Point).
South O'ahu
State waters out to 3 nautical miles and bounded by
								the longitude coordinates 157°42.6'W (Kawaihoa Point) and 157°58.8'W .
								(Keahi Point).
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 › Map of Lay Net Fishing Prohibited Area: Maui (April 19, 2006)

Current through June, 2024
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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 › Map of Lay Net Fishing Prohibited Areas: O'ahu (April 19, 2006)

Current through June, 2024
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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 › Map of Lay Net Fishing Prohibited Area: Kane'ohe Bay, O'ahu (April 19, 2006)

Current through June, 2024
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Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 1 - GENERAL PROVISIONS › Section 13-76-1 - Purpose

Current through June, 2024
This chapter governs rules aimed at preventing, to the
						extent practical, the introduction and spread of non-indigenous aquatic species
						into State waters. Such non-indigenous aquatic species are potentially harmful
						to the environment and economy of Hawaii because they may replace or destroy
						native species and alter their habitats.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 1 - GENERAL PROVISIONS › Section 13-76-2 - Definitions

Current through June, 2024
As used in this chapter unless otherwise
						provided:
"Board" means the board of land and natural
						resources.
"Department" means the department of land and natural
						resources.
"Master" means the person authorized by the vessel
						operator to be the captain of the vessel.
"Non-indigenous aquatic species" means any marine,
						brackish water, or freshwater species or other viable biological material,
						including, but not limited to, eggs, spores, or seeds, that enters or exists in
						an ecosystem where it was not known to have existed before, is outside its
						natural or historic range, or may have come to Hawaii by human
						introduction.
"Person" means any individual, corporation, partnership,
						trust, association, or other private entity, or any officer, employee, agent,
						department, or instrumentality of the federal government, of any state or
						political subdivision thereof, or of any foreign government.
"State" means the State of Hawaii.
"State marine waters" means all waters of the State,
						including the water column and the water surface, extending from the upper
						reaches of the wash of the waves on shore seaward to the limit of the
State's police power and management authority, including
						the United States territorial sea, notwithstanding any law to the
						contrary.
"USCG" means the United States Coast Guard.
"Vessel operator" means a company that owns, operates or
						has chartered a vessel.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 1 - GENERAL PROVISIONS › Section 13-76-4 - Panalties

Current through June, 2024
A person violating the provisions of this chapter shall
						be guilty of a petty misdemeanour, as provided under section
						187A-13,
						HRS, subject to administrative penalties as provided under section
						187A-12.5,
						HRS, and 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 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 1 - GENERAL PROVISIONS › Section 13-76-5 - Severability

Current through June, 2024
The provisions of these rules are declared to be
						severable, and if any portion or the application thereof to any person or
						property is held invalid for any reason, the validity or application of the
						remainder of these rules to other persons or property shall not be
						affected.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-11 - Purpose

Current through June, 2024
(a) This subchapter addresses the management
					 and disposition of vessel ballast water as a medium or means for the
					 introduction of aquatic invasive species into state marine waters, such as but
					 not limited to any ocean, estuary, bay, harbor, beach, or coastal area. These
					 rules are intended to act in coordination with federal regulations on ballast
					 water management by 1) establishing state laws that will correspond to and
					 complement federal regulations on ballast water to ensure consistency, 2)
					 providing best practices guidelines to improve vessel ballast water management
					 prior to entering state marine waters, 3) adopting a ballast water management
					 program, including a ballast water exchange reporting system, and 4) monitoring
					 compliance with program requirements.
(b) This subchapter identifies:
1) prohibited activities;
2) vessels exempted from ballast water
					 management plan requirements, ballast water reporting requirements, ballast
					 water exchange requirements, and ballast water discharge requirements;
3) which permits are available to
					 qualifying vessels;
4) requirements
					 that incoming vessels are subject to regarding ballast water; and
5) State verification of compliance with this
					 subchapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-13 - Prohibited activities

Current through June, 2024
(a) Unless exempted
					 under the provisions of section 13-76-14, by permit issued pursuant to section
					 13-76-15, or as may be otherwise provided by law, it is unlawful for the master
					 of a qualifying vessel:
(1) To fail to have
					 or fail to follow a ballast water management plan, as required under section
					 13-76-16;
(2) To exchange ballast
					 water contrary to the provisions of section 13-76-17;
(3) To discharge, or allow the discharge of,
					 ballast water in state marine waters in violation of section
					 13-76-18;
(4) To fail to submit a
					 ballast water report form, as required in section 13-76-19; and
(5) To violate any provision in this
					 subchapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-14 - Applicability

Current through June, 2024
(a) The ballast water management plan
					 requirements of section 13-76-16 shall apply to qualifying vessels.
(b) The ballast water reporting requirements
					 of section 13-76-19 shall apply to qualifying vessels, except for the
					 following:
(1) Crude oil tankers engaged in
					 coastwise trade. This exemption applies only to vessels carrying unrefined
					 crude oil product from one U.S. place to another, including Hawaii;
(2) Any vessel of the United States
					 Department of Defense or USCG, subject to the requirements of Section 1103 of
					 the National Invasive Species Act of 1996, or any vessel of the armed forces,
					 as defined in Section 1322(a)(14) of Title 33 of the United States Code that is
					 subject to the "Uniform National Discharge Standards for Vessels of the Armed
					 Forces" pursuant to Section 1322(n) of Title 33 of the United States Code
					 ;
(3) Any vessel that operates
					 exclusively within the MHI EEZ;
(4)
					 Any vessel that operates outside of the EEZ, but conducts all ballast
					 operations exclusively in the MHI EEZ, regardless of the number of voyages the
					 vessel makes; and
(5) Any vessel in
					 innocent passage or having entered state marine waters due to circumstances
					 beyond its control; provided that the vessel does not discharge ballast water
					 into state marine waters, or into waters that may impact state marine waters,
					 unless the vessel meets the requirements of section 13-76-18;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-15 - Permits

Current through June, 2024
(a) The department may issue permits to
					 vessel operators, exempting qualifying vessels from the provisions of this
					 subchapter, subject to the provisions of section 13-76-3 and the following
					 conditions:
(1) Receipt of a completed
					 application, on a form provided by the department, and any other information
					 the department may require; and
(2)
					 Approval by the department, after an assessment of the appropriateness of the
					 application based on:
(A) Safety of the crew
					 or its passengers, USCG approved ballast water treatment system, protection of
					 property, vessel integrity or other factors the department considers relevant
					 to the intent and purpose of this subchapter; and
(B) All applicable state and federal
					 law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-16 - Ballast water management plan requirements

Current through June, 2024
Vessels in compliance with BWM requirements for a
						ballast water management plan, shall be deemed to also be in compliance with
						this section. It is unlawful for any master to violate BWM requirements for a
						ballast water management plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-17 - Ballast water exchange requirements

Current through June, 2024
(a) Qualifying
					 vessels that require ballast water exchanges shall conduct such exchanges in
					 mid-ocean waters. Unless exempted by section 13-76-14(c), or as may be
					 otherwise provided by law, it is unlawful for a master to conduct a ballast
					 water exchange within state marine waters while holding ballast water obtained
					 from an area less than 200 nautical miles from any coast.
(b) All such exchanges shall be by flow
					 through exchange, empty/refill exchange, or other exchange methodology
					 recommended or required by the USCG or other approving authority.
(c) The master is responsible for the safety
					 of the vessel, its crew, and its passengers and is not required to conduct a
					 ballast water management practice, including exchange, if the master determines
					 that the practice would threaten the safety of the vessel, its crew, or its
					 passengers because of adverse weather, vessel design limitations, equipment
					 failure, or any other extraordinary conditions. Should the master make such a
					 determination, the master shall take all feasible measures, based on the best
					 available technologies economically achievable, that do not compromise the
					 safety of the vessel, its crew, and its passengers, to minimize the discharge
					 of ballast water containing non-indigenous aquatic species into state marine
					 waters or waters that may impact state marine waters. Such discharge shall be
					 subject to the provisions of section 13-76-18.
(d) Nothing in this subchapter relieves the
					 master of the responsibility for ensuring the safety and stability of the
					 vessel or the safety of the crew and passengers, or any other
					 responsibility.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-18 - Ballast water discharge requirements

Current through June, 2024
(a) To the extent
					 practical, the master of any qualifying vessel that has not conducted a
					 mid-ocean waters ballast water exchange, and is subject to the provisions of
					 subsection 13-76-14(d), shall not discharge ballast water into state marine
					 waters.
(b) The master shall report
					 to the department, pursuant to section 13-76-19, when a mid-ocean waters
					 ballast water exchange was not done and a ballast water discharge into state
					 marine waters is necessary.
(c)
					 Unless exempted by subsections 13-76-14(c) or 13-76-14(e) of this section,
					 prior to any ballast water discharge into the HEZ or state marine waters, the
					 master shall obtain approval from the department to discharge ballast water.
					 Upon approval, the master shall then implement all feasible measures to
					 minimize the discharge of ballast water.
(d) This subchapter does not authorize the
					 discharge of oil, noxious liquid substances, or any other pollutant in a manner
					 prohibited by state, federal or international laws or regulations. Ballast
					 water carried in any tank containing a residue of oil, noxious liquid
					 substances, or any other pollutant shall be discharged in accordance with the
					 applicable requirements.
(e) The
					 master shall be exempted from the provisions of subsections 13-76-18(a) and
					 13-76-18(c), if the master determines that such ballast water discharge is
					 necessary to ensure the safety and stability of the vessel or the safety of the
					 crew and passengers, because of adverse weather, vessel design limitations,
					 equipment failure, or any other extraordinary conditions.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-19 - Ballast water reporting requirements

Current through June, 2024
(a) Unless exempted
					 in subsection 13-76-14(b), for all qualifying vessels, the master shall:
(1) Fully and accurately fill out the USCG
					 ballast water report form;
(2)
					 Submit the form by fax, electronic mail, or as otherwise provided to the
					 department no later than twenty-four (24) hours prior to vessel arrival into
					 state marine waters;
(3) Submit an
					 amended form to the department before the vessel departs state marine waters,
					 should there be a change in any of the information submitted in accordance with
					 this section; and
(4) Maintain on
					 board the vessel records that include all of the information provided on the
					 form for at least two years.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-20 - Evaluation and compliance

Current through June, 2024
(a) In order to
					 evaluate the compliance rate of qualifying vessels with the provisions of this
					 subchapter, the department, in coordination with the USCG, may:
(1) Take samples of ballast water and
					 sediment, examine documents, and make other appropriate inquiries;
(2) Compile the information obtained from
					 submitted reports and use the information in conjunction with existing
					 information relating to the number of vessel arrivals; and
(3) Take other actions necessary for the
					 purposes of this subchapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 77 - OAHU AQUARIUM LIFE MANAGEMENT › General Provisions › Section 13-77-1 - Applicability and scope

Current through June, 2024
This chapter shall apply to the collection of aquatic
						life for an aquarium purpose from the waters of Oahu while using fine or small
						mesh traps or fine or small mesh nets, but not throw nets. While governing the
						taking of aquatic life intended for live aquarium displays, this chapter shall
						not apply to the use of nets to take aquatic life for food, bait, or other
						consumptive purposes. This chapter is also intended to supplement regulations
						restricting the use of net fishing gears in chapter 13-75.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 77 - OAHU AQUARIUM LIFE MANAGEMENT › General Provisions › Section 13-77-3 - Exemptions

Current through June, 2024
Notwithstanding the provisions of this chapter, the
						department may issue the licenses or permits which exempt persons from the
						provisions of this chapter. Section
						13-75-14(7) 
						exempts the use of small mesh hand nets or scoop nets to take fish or other
						marine life for non-commercial purposes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 77 - OAHU AQUARIUM LIFE MANAGEMENT › General Provisions › Section 13-77-4 - Penalties

Current through June, 2024
A person violating any provision of this chapter shall
						be guilty of a petty misdemeanor and penalized as provided by section
						187A-13,
						HRS. In addition to any criminal penalty, any violation of these rules shall
						also be subject to civil and administrative penalties, as provided by section
						187A-12.5,
						HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 77 - OAHU AQUARIUM LIFE MANAGEMENT › General Provisions › Section 13-77-5 - Severability

Current through June, 2024
The provisions of these rules are declared to be
						severable, and if any portion, or the application thereof, to any person or
						property is held invalid for any reason, the validity of the remainder of these
						rules or the application of the remainder to other persons or property shall
						not be affected.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 77 - OAHU AQUARIUM LIFE MANAGEMENT › General Provisions › Section 13-77-6 - Oahu prohibited activities

Current through June, 2024
(a) Notwithstanding
					 the provisions of chapter 13-75, it is unlawful for any person in or on the
					 waters of Oahu, possessing a small mesh net authorized under a commercial
					 aquarium fish permit or recreational aquarium fish permit, to possess a small
					 mesh net that is:
(1) More than thirty (30)
					 feet long; provided that two or more permittees may join two nets, each no more
					 than thirty (30) feet long, for a total net length of no more than sixty (60)
					 feet long; or
(2) More than six (6)
					 feet in height.
(3) These
					 restrictions regarding net length and height in subsection (a) shall take
					 effect after July 1, 2015.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 78 - OCEAN STEWARDSHIP USER FEE › Section 13-78-1 - Definitions

Current through June, 2024
For purposes of this chapter only:
"Commercial operator" means a person that is required to
					 have a commercial operator permit under this chapter or a commercial use permit
					 pursuant to section
					 13-256-3.
"Commercial operator permit" means a permit described in
					 section 13-256-3, known as a commercial
					 use permit.
"Commercial vessel" means a vessel engaged in any trade,
					 business, or commercial activity, including, but not limited to, carrying
					 passengers for hire, charter fishing, bare boat (demise) or any type of charter
					 maintenance, harvesting coral or similar resources, construction, towing,
					 tow-boating, or other trade or business wherein the vessel is used in any
					 manner to promote the venture, or is registered with the State or documented by
					 the United States Coast Guard for commercial use.
"Customer" means an individual using the services of a
					 commercial use permit holder.
"Department" means the department of land and natural
					 resources.
"Passenger" means an individual onboard a vessel other than
					 the master, members of the crew, or other persons employed in the business of
					 the vessel.
"Person" means an individual, partnership, firm, company,
					 corporation, association, or other entity.
"State" means the State of Hawaii.
"Vessel" means all description of watercraft, used or
					 capable of being used as a means of transportation on or in the water, except a
					 seaplane.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 78 - OCEAN STEWARDSHIP USER FEE › Section 13-78-2 - Ocean stewardship user fee

Current through June, 2024
(a) Beginning on
				  January 1, 2024, all operators of commercial vessels, watercraft, or water
				  sports equipment that are required to have a commercial operator permit or
				  commercial use permit pursuant to section
				  13-256-3 shall collect an ocean
				  stewardship user fee from each passenger carried or customer served.
(b) The ocean stewardship user fee shall be
				  $1 per passenger or customer.
(c)
				  Fees collected pursuant to this section shall not be counted toward gross
				  revenues for purposes of section
				  200-10(c)(5),
				  HRS.
(d) All fees collected
				  pursuant to this section shall be transferred to the department on or before
				  the last day of the month following the month in which the fees were
				  collected.
(e) Commercial operators
				  shall submit a monthly report to the department with information about their
				  respective commercial operations during the month covered by the report
				  including the total number of passengers carried or customers served, location
				  of commercial activity, and nature or type of commercial activity. The report
				  shall be rendered to the department as a true and correct statement of the
				  information contained therein. Reports shall be submitted on or before the last
				  day of the month following the month covered by the report.
(f) Commercial operators shall maintain
				  records of their respective daily number of passengers carried or customers
				  served for at least twenty-four months after the carriage or service date.
				  Records shall be made available for inspection by the department upon
				  request.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 78 - OCEAN STEWARDSHIP USER FEE › Section 13-78-3 - Penalties, generally

Current through June, 2024
(a) Any person
				  violating any provision of this chapter shall be subject to:
(1) Administrative penalties as provided by
				  section 187A-12.5, HRS;
(2) Revocation of a commercial use permit as
				  provided by section
				  13-256-10; and
(3) Denied reissuance of commercial use
				  permit as provided by section
				  13-231-61.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 78 - OCEAN STEWARDSHIP USER FEE › Section 13-78-4 - Severability

Current through June, 2024
If any provision of this chapter, or the application
					 thereof, to any person or circumstance is held invalid, the invalidity shall
					 not affect other provisions or applications of this 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 V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 83 - SHELLFISHES › Section 13-83-1 - Prohibited activities

Current through June, 2024
No person shall catch, take, kill, possess, remove, sell,
					 or offer for sale the following shellfishes from the waters of the
					 State:
(1) Pearl oyster
				  (
Pinctada margaritifera)
;
(2) Eastern oyster (
Crassostrea
				  virginica
);
(3)
				  Japanese oyster (
Crassostrea gigas)
;
(4) Coral rock oyster
				  (
Crassostrea amasa)
;
(5) Top shell
				  (
Trochus
spp.);
(6) Abalone
				  (
Haliotis
spp.); and
(7) Quahog or cherrystone clam
				  (
Mercenaria mercenaria)
.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 83 - SHELLFISHES › Section 13-83-2 - Exceptions; permits

Current through June, 2024
A person may catch, take, possess, remove, or sell any of
					 the shellfishes listed in section
					 13-83-1 within the waters of the
					 State, with a permit issued by the board, under such terms and conditions as it
					 deems necessary, not inconsistent with section
					 187A-6,
					 Hawaii Revised Statutes, provided that:
(1) All applications for permits shall be in
				  writing and contain sufficient information to allow for a complete evaluation
				  of the proposal; and
(2) The board
				  may revoke any permit for any infraction of the terms and conditions, and a
				  person whose permit was revoked shall not be eligible to apply for another
				  permit until one year after the date of revocation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 83 - SHELLFISHES › Section 13-83-3 - 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 upon conviction thereof, shall be punished
					 as provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 85 - CLAM › Section 13-85-1 - Prohibited activities

Current through June, 2024
No person shall catch, take, kill, possess, remove, sell,
					 or offer for sale, any clam known as Japanese littleneck clam
					 (
Tapes philippinarum
) from the waters of the State
					 unless an open season is declared by the chairperson of the board, provided
					 that any clam raised in private ponds or waters may be harvested and sold at
					 any time.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 85 - CLAM › Section 13-85-2 - Declaration of open season

Current through June, 2024
The chairperson of the board may declare an open season
					 for the taking of clam for home consumption purposes only which shall commence
					 at 7:00 a.m. of the first monday of September (Labor Day) and continue to the
					 last day of October, provided that:
(1) The chairperson shall have the authority
				  to limit, restrict or suspend taking of clam in any area if necessary to
				  protect and conserve the clam resource;
(2) Each person shall not take or possess
				  more than one gallon (3.79 liters) of clam, with shell on, per day;
(3) Each clam shall measure at least one inch
				  (2.54 centimeters) across the widest part of the shell: and
(4) Any digging implement shall not measure
				  more than eighteen inches (45.72 centimeters) in length and six inches (15.24
				  centimeters) in width.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 85 - CLAM › Section 13-85-3 - Penalty

Current through June, 2024
A person violating the provisions of this chapter shall be
					 guilty of a petty misdemeanor, and upon conviction thereof, shall be punished
					 as provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 86.1 - SEA CUCUMBER MANAGEMENT › Section 13-86.1-1 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise provided:
"Aquarium permit" means the permit issued by the
					 department pursuant to section
					 188-31,
					 HRS.
"Aquarium purposes" means to hold the sea cucumber alive
					 in a state of captivity, whether as a pet, for scientific study, for public
					 exhibition, for public display, or for sale for these purposes.
"Board" means the board of land and natural
					 resources.
"Consumption purposes" means for food, medicine, or any
					 other use whereby the sea cucumber is killed.
"Sea cucumber" means any echinoderm species of aquatic
					 life in the class Holothuroidea.
"Take" means to catch, kill, remove, capture, confine, or
					 harvest, or to attempt to catch, kill, remove, capture, confine, or harvest.