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 13-74-2 - General license and permit conditions

Current through June, 2024
Except as otherwise provided:
(1) All licenses and permits issued pursuant
					 to this chapter are non-refundable and non-transferable and are valid for not
					 longer than one year from the date of issuance. A duplicate license or permit
					 may be issued upon affidavit that the original has been lost or destroyed, and
					 upon payment of a duplicate license fee; provided that the duplicate license or
					 permit shall expire on the same date as when the original license or permit
					 would have expired;
(2) A licensee
					 or permittee shall show the license or permit and confirming identification
					 upon the demand of any officer authorized to enforce the fishing laws of the
					 State. No person shall refuse any such officer the examination of the license
					 or permit and confirming identification, or inspection of any bag or container
					 of any kind that could reasonably be used to carry any aquatic life or any
					 vehicle or conveyance used to transport any aquatic life if such officer
					 reasonably believes that the person is, or recently has been, engaged in
					 fishing activities. Failure or refusal to show the license or permit and
					 confirming identification or examination and search of any bag, container,
					 vehicle, or conveyance is prima facie evidence of a violation of this chapter
					 and sufficient cause for the immediate revocation of the license or permit by
					 the department;
(3) No licensee or
					 permittee shall allow any other person to carry, display, or use the license or
					 permit, except if the license or permit is issued for a vessel;
(4) The department or its agents may issue
					 licenses and permits as authorized by law, and with such conditions necessary
					 to manage, protect, and conserve aquatic life;
(5) Should a monthly report be required by
					 any license or permit, such report shall be rendered to the department as a
					 true and correct statement of such information the department may require, on
					 or before the tenth day of the following month in which the aquatic resources
					 were taken or purchased, except for the Kona crab and lobster closed season
					 sales license issued pursuant to section
					 13-74-41 whose report shall be
					 rendered five days after the end of each of the closed season months on forms
					 either furnished by, or approved by the department;
(6) Should a trip report be required as a
					 condition of any license or permit, the report shall be timely submitted to the
					 department as a true and correct statement of such information the department
					 may require, on or before the fifth day following the last day of each trip in
					 which aquatic life was landed. A trip report includes such information but is
					 not limited to: start and end dates of the trip, locations fished, hours spent
					 fishing at each location; numbers, kinds and weights of aquatic life caught,
					 released, or lost to predators; and
(7) Any information submitted to the
					 department as required under this section or chapters 187A, 188, and 189, HRS,
					 is confidential and shall not be disclosed, except when required under court
					 order or by the state attorney general's office subpoena, or with the prior
					 written consent of the person submitting the information, or under cooperative
					 agreements with United States government agencies for the exchange and use of
					 the information specifically to manage aquatic resources. The department may
					 establish procedures to preserve the confidentiality of submitted information,
					 except that the department may release or make public information in the
					 aggregate or summary form that does not directly or indirectly disclose the
					 identity of any person who submits information.