Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 94 - BOTTOMFISH MANAGEMENT › Section 13-94-2 - Definitions

Current through June, 2024
As used only in this chapter:
"Board" means the board of the department of land and
					 natural resources.
"Bottomfish" means those fish species listed in section
					 13-94-5 of this chapter.
"Bottomfish limited entry program" means a method of
					 fishery management that limits or controls participation in a fishery, access
					 to a fishery, or generally fishing, for a bottomfish species or a number of
					 bottomfish species. Measures to limit or control participation, access, or
					 fishing could include, but are not limited to, reducing or setting a maximum
					 number of fishers, reducing or setting a maximum number of fishing vessels,
					 restricting fishing gear types, restricting fishing areas, or restricting
					 maximum amount of catch.
"Bottomfish longline" means a type of fishing gear or
					 fishing method used to take bottomfish consisting of a weighted mainline, with
					 attached shorter branchlines with fishing hook or hooks, that is either laid on
					 the ocean bottom or suspended horizontally near the ocean bottom with
					 floats.
"Clearly visible" means to be able to be seen in its
					 entirety from a distance at least 100 feet away, free of any obstacle that may
					 block the field of view from at least 45 degrees above, fore, and aft of the
					 vessel.
"Commercial purposes" 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,
					 bartered, landed, or transported for sale anywhere in the State.
"Kona crab net" means a type of fishing gear consisting of
					 a metal frame over which is stretched netting material, and that is deployed on
					 the bottom with the kona crab, as defined in section
					 13-95-1, being captured by
					 entanglement on the netting material.
"Main Hawaiian islands commercial bottomfish fishery"
					 means the fishing of bottomfish for commercial purpose in the waters of the
					 main Hawaiian islands surrounding, between, and including the islands of Niihau
					 and Kaula to the northwest and the island of Hawaii to the southeast.
"Net" means any of various fishing devices of mesh
					 material made into various shapes, such as but not limited to, a bag, sack,
					 pouch, or curtain, used to entangle, surround, or concentrate aquatic
					 life.
"Non-commercial purposes" means any purpose other than
					 commercial purposes.
"Scoop net" means a type of fishing net consisting of a
					 bag of mesh material kept open with a rigid frame and manipulated by a rigid
					 handle that is designed to be used by a single person unaided by any mechanical
					 device.
"Take" means to fish for, catch, 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, or harvest, or to attempt to
					 fish for, catch, capture, 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, or harvested, shall be construed as fishing.
"Trap" means any of various fishing devices of mesh,
					 perforated, or solid material made into the shape of a box, container, or
					 enclosure, with one or more openings that allow aquatic life to enter into the
					 interior of the box, container, or enclosure, but restrict exit out, thereby
					 capturing the aquatic life within.
"Trawl" means a type of fishing net, usually in the form
					 of an elongated bag, with the mouth kept open by various means that captures
					 aquatic life while being towed or dragged through the water by a
					 vessel.