Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part II - MARINE FISHERIES MANAGEMENT AREAS › Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI › Section 13-60.11-2 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise provided:
"Akule" means any fish known as
Selar
					 crumenophthalmus
or other recognized synonyms. Akule are also known as
					 pa'a'a, halalu, hahalalu, goggle-eyed scad, or big-eyed scad.
"Area" means the Kipahulu Community-Based Subsistence
					 Fishing Area, Maui (Kipahulu CBSFA) as encompassed within the boundaries
					 described in section
					 13-60.11-3(a).
"Aquatic life" means any type or 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.
"Bag net" means a type of fishing net made into the shape
					 of a pocket or pouch with an open end held open in the water with the aid of a
					 net float line that supports the top edge of the net up towards the ocean
					 surface and parallel to a net lead line that keeps the lower edge of the net
					 down on the ocean bottom. The bag net is usually made of heavy gauge line to
					 make the net visible and made of small mesh to prevent the fish from passing
					 through the mesh.
"Community" means a hoa'aina relationship to place as
					 demonstrably indicated through genealogy, practice, or residency.
"Department" means the Department of Land and Natural
					 Resources.
"Diving" means any activity conducted in the water
					 involving the use of an underwater breathing apparatus or a mask, goggles, or
					 any other device that assists a person to see underwater while the person's
					 face is submerged. Diving includes both extractive and non-extractive
					 activities, such as SCUBA diving, free diving, and snorkeling.
"Double hook" means a hook having two points on a common
					 shank.
"Finfish" means any of the various species of marine life
					 that uses fins to swim, not including invertebrates, marine mammals, or sea
					 turtles.
"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.
"Fishing gear" means any net, spear, rod, reel,
					 hook-and-line, slurp gun, or any other equipment or gear adapted, designed, or
					 commonly used to take or capture aquatic life.
"Fishing lure" means any device, including a fishing fly,
					 which is designed to attract fish and which incorporates a fishing hook.
"Gill net" means a panel or curtain of net made of various
					 materials, that is suspended vertically in the water with the aid of a net
					 float line that supports the top edge of the net up towards the ocean surface
					 and parallel to a net lead line that keeps the lower edge of the net down
					 towards the ocean bottom. The gill net is usually made of transparent or
					 semitransparent materials to make the net seem invisible underwater, with mesh
					 openings generally large enough to permit the heads of fish to pass through,
					 ensnaring them around the gills, fins, spines, or mid-section when they attempt
					 to escape.
"Hoa'aina" means ahupua'a tenant.
"Holdfast" means a stalked organ by which limu is attached
					 to a substrate.
"Introduced species" means any species that did not occur
					 naturally in Hawai'i prior to introduction caused by human activity. Introduced
					 species are also referred to as non-native species, alien species, or exotic
					 species.
"Invasive species" means an introduced species of marine
					 life that causes or is likely to cause economic or environmental harm or harm
					 to human health.
"Kala" means any fish known as
Naso
					 unicornis
,
Naso brevirostris
,
Naso
					 annulatus
, or any recognized synonym. Kala are also known as bluespine
					 unicornfish, short-nosed unicornfish, spotted unicornfish, or whitemargin
					 unicornfish.
"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 kole tang,
					 spotted surgeonfish, goldring surgeonfish, or yellow-eyed tang.
"Limu" means any marine alga, including algae in the
					 intertidal zone.
"Makaiauli" means any limpet known as
Cellana
					 exarata
or any recognized synonym. Makaiauli are also known as
					 blackfoot '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.
"Moi" means any fish known as
Polydactylus
					 sexfilis
or any recognized synonym. Moi are also known as six-fingered
					 threadfin or yellowthread threadfin.
"Native limu" means any limu that occurs naturally in
					 Hawai'i, including but not limited to all species of limu, or any recognized
					 synonyms, listed in Exhibit A entitled "Common Native Limu Species of Hawai'i",
					 dated 4/20/23, located at the end of this chapter.
"Native species" means a species that occurs naturally in
					 Hawai'i. Native species include both endemic species and indigenous
					 species.
" 'Omilu" means any fish known as
Caranx
					 melampygus
or any recognized synonym. 'Omilu are also known as bluefin
					 trevally, blue ulua, bluefin jack, bluefin kingfish, bluefinned crevalle, and
					 spotted trevally.
" 'Opihi" means any mollusk of the genus
Cellana
or any recognized synonym. 'Opihi are also known as
					 ko'ele, 'alinalina, makaiauli, or limpets.
"SCUBA gear" means any equipment adapted, designed, or
					 commonly used to enable a diver to breathe while underwater, including but not
					 limited to SCUBA regulators, high pressure cylinders, rebreathers, SNUBA, and
					 hookah rigs.
"Spotted reef crab" means any crab known as
Carpilius maculatus
or any recognized synonym. Spotted reef
					 crabs are also known as seven-eleven crab, dark-finger coral crab, and large
					 spotted crab.
"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.
"Surround net fishing" means a technique of fishing where a
					 person or persons engage in the act of or attempt to engage in the act of
					 deploying a gill net in the water in such a manner as to completely encircle
					 the aquatic life. The gill net primarily entangles aquatic life within the mesh
					 of the net as the aquatic life swim or move into the gill net. The main
					 characteristics of surround net fishing are the closed net configuration, the
					 moving net, person or persons chase the aquatic life into the net, and only the
					 aquatic life that entangles in the net mesh are captured.
"Stretched mesh" means the straight line distance between
					 two opposite inner edges of each eye of the net mesh as measured when the eye
					 is stretched to its maximum size.
"Ta'ape" means any fish known as
Lutjanus
					 kasmira
or any recognized synonym. Ta'ape are also known as bluestripe
					 snapper.
"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.
"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.
"Treble hook" means a hook having three points on a common
					 shank.
"Ula" means any spiny lobster of the genus
Panulirus
. Ula are also known as lobster, Hawaiian spiny
					 lobster, spiny lobster, red lobster, or green lobster.
"Ula papapa" means any crustacean of the species
Scyllarides squammosus
or
Scyllarides haanii
,
					 or any recognized synonym. Ula papapa are also known as ula 'apapapa, slipper
					 lobster, ridgeback slipper lobster, or shovel-nosed lobster.