Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.10 - MILOLI'I COMMUNITY-BASED SUBSISTENCE FISHING AREA, HAWAI'I › Section 13-60.10-2 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise provided:
"'A'ama crab" means a black, edible intertidal crab species
					 that runs over shore rocks, known as
Grapsus tenuicrustatus
or
					 any recognized synonym.
"Akule" means any fish identified as
Selar
					 crumenophthalmus
or other recognized synonyms. This fish is also known
					 as pa'a'a, halalu, hahalalu, and big-eyed scad.
"'Alinalina" means any limpet known as
Cellana
					 sandwicensis
or any recognized synonym. 'Alinalina are also known as
					 yellow foot 'opihi.
"Aquarium fishing" means taking marine life for aquarium
					 purposes.
"Aquarium purposes" means to hold marine life alive in a
					 state of captivity, whether as pets, for scientific study, for public
					 exhibition, for public display, or for sale for these purposes.
"Area" means the Miloli'i Community-Based Subsistence
					 Fishing Area (Miloli'i CBSFA), as encompassed within the boundaries described
					 in section 13-60.10-3(a).
"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.
"Diving" means any activity conducted in the water
					 involving the use of a mask, goggles, or any other device that assists a person
					 to see underwater while the person's face is submerged and can involve an
					 underwater breathing apparatus. Diving includes both extractive and
					 non-extractive activities, such as SCUBA diving, free diving, and
					 snorkeling.
"Fish" means any species of marine life with a backbone,
					 gills, and with limbs that are fins, if any.
"Fishing" 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 which 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, shall be deemed to be fishing.
"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.
"Initial-phase uhu" means any uhu characterized by a dull
					 red, brown, or gray body coloration and the absence of bright green or blue
					 markings.
"Ko'ele" means any limpet known as
Cellana
					 talcosa
or any recognized synonym. Ko'ele are also known as giant
					 'opihi, talc limpet, or turtle limpet.
"Kole" means any fish known as
Ctenochaetus
					 strigosus
or any recognized synonym. Kole are also known as goldring
					 surgeonfish or goldring bristletooth.
"Kumu" means any fish known as
Parupeneus
					 porphyreus
or any recognized synonym. Kumu are also known as
					 whitesaddle goatfish.
"Lay net" means a panel of net mesh that is suspended
					 vertically in the water with the aid of a float line that supports the top edge
					 of the net upward towards the water surface and a lead line that keeps the
					 bottom edge of the net downward towards the ocean bottom.
"Lay net fishing" or to "lay net fish" means deploying or
					 attempting to deploy a lay net in a set location and in an open configuration,
					 and retrieving the lay net from the same location after a certain time period
					 has passed. This fishing method is also known as set netting, cross netting,
					 pa'ipa'i, and moemoe netting. This term does not apply to the use of a lay net
					 to completely encircle a pre-identified school of fish, where the net is
					 constantly attended at all times while in the water, such as in the practice of
					 surround netting.
"Limu" means marine algae, including any alga in the
					 intertidal zone, commonly known as seaweed.
"Makaiauli" means any limpet known as
Cellana
					 exarata
or any recognized synonym. Makaiauli are also known as black
					 foot 'opihi or Hawaiian blackfoot.
"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.
"Moano kea" means any fish known as
Parupeneus
					 cyclostomus
or any recognized synonym. Moano kea are also known as
					 moano kali, moano ukali, moano ukali ulua, moana kali, blue goatfish, or
					 goldsaddle goatfish.
"Night" means the period between sunset and the following
					 sunrise.
"'Opelu" means any fish of the genus
Decapterus
. 'Opelu are also known as mackerel scad.
"'Opihi" means any mollusk of the genus
Cellana
or any recognized synonym. 'Opihi are also known as
					 ko'ele, 'alinalina, makaiauli, or limpets.
"Paku'iku'i" means any fish known as
Acanthurus
					 achilles
or any recognized synonym. Paku'iku'i are also known as
					 Achilles tang.
"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
					 used to propel the spear remain attached when the spear is deployed. A pole
					 spear is deployed solely by hand and without the aid of any trigger mechanism
					 as characteristic of a speargun or hinge gun.
"Scoop net" means a net consisting of a bag of mesh
					 material attached to a frame to hold the bag open, and a handle. The net is
					 small enough to use with one hand by one person. This gear is also known as a
					 hand net.
"Spear" means any device or implement which is designed or
					 used for impaling marine life. Spears may include but are not limited to spear
					 gun shafts, arbaletes, arrows, bolts, Hawaiian slings, tridents, or three-prong
					 spears. A dive knife is not considered to be a spear.
"State" means the state of Hawai'i.
"Subsistence" means the customary and traditional native
					 Hawaiian uses of renewable ocean resources for direct personal or family
					 consumption or sharing.
"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.
"Terminal-phase uhu" means any uhu characterized by the
					 presence of bright green or blue markings or a predominantly green or blue body
					 coloration, often with bright pink, orange, or yellow patches.
"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. This gear is also known as a cast net.
"Uhu" means any fish belonging to the family Scaridae or
					 any recognized synonyms. Uhu is a general term for fish with large scales and
					 fused, beak-like teeth, known as parrotfish.
"Uhu 'ahu'ula" means any fish known as
Chlorurus
					 perspicillatus
or any recognized synonym. Uhu 'ahu'ula are also known
					 as spectacled parrotfish. The terminal phase of these fish is known as uhu
					 uliuli.
"Uhu 'ele'ele" means any
Scarus
					 rubroviolaceus
which has reached its terminal phase, indicated by a
					 change in coloration from brownish-red and yellowish-gray, to green and blue. A
					 predominantly green or blue-green body color and a green beak on a specimen of
Scarus rubroviolaceus
is prima facie evidence that the
					 specimen is an uhu 'ele'ele. Both uhu 'ele'ele and uhu palukaluka are known as
					 redlip or ember parrotfish.
"Uhu palukaluka" means any fish known as
Scarus
					 rubroviolaceus
or any recognized synonym. Uhu palukaluka are also
					 known as redlip or ember parrotfish. The terminal phase of these fish is known
					 as uhu 'ele'ele.
"Uhu uliuli" means any
Chlorurus
					 perspicillatus
which has reached its terminal phase, indicated by a
					 change in coloration from a grayish brown body with a broad white band at the
					 base of the tail, to a blue green body with a dark band across the top of the
					 snout. A predominantly blue-green body color and the lack of a white tail band
					 on a specimen of
Chlorurus perspicillatus
is prima facie
					 evidence that the specimen is an uhu uliuli. Both uhu uliuli and uhu 'ahu'ula
					 are known as spectacled parrotfish.
"Ula" means a spiny lobster in the decapod crustacean
					 family Palinuridae. These animals are also known as lobster, Hawaiian spiny
					 lobster, red lobster, or green lobster.
"'U'u" means any fish of the genus
Myripristis
. 'U'u are also known as soldierfish or
					 menpachi.
"Vessel" means any craft used or capable of being used as a
					 means of transportation on or in the water.
"Weke 'ula" means any fish known as
Mulloidichthys
					 vanicolensis
or any recognized synonym. Weke 'ula are also known as
					 yellowfin goatfish or red weke.