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(2) Surround net fishing method with a net that <br />has less than two and one-half inches <br />stretched mesh; or <br />(3) Bag net fishing method with a net that has <br />less than one and one-half inches stretched <br />mesh. <br />(d) It is unlawful for any commercial marine <br />licensee to keep akule within a bag net in the ocean <br />for more than three days without notifying the <br />department. The person must explain the reasons for <br />keeping the akule and when the bag net will be <br />removed. The chairperson or an authorized <br />representative of the department may require the <br />immediate removal of the akule from the bag net if the <br />action is necessary to prevent the unacceptable waste <br />of the akule or to alleviate an unacceptably high <br />public safety risk. <br />(e) Notwithstanding the provisions of <br />subsections (a) through (d), and section 13-75-14(7), <br />a person may use: <br />(1) [a-] A landing net of any mesh size; provided <br />that the opening of the landing net is less <br />than four feet in any dimension, excluding <br />the handle[—.]; or <br />(2) A throw net with a mesh of two inches or <br />(f) Anyone violating any provision of this <br />section shall be subject to penalty under <br />®] sections 187A-12.5 and 188-70, HRS. Each <br />violation may constitute a separate offense. [Eff <br />1/11/02; am and comp 3/2/07; am and comp <br />(Auth: HRS §187A-5) (Imp: HRS <br />§187A-5) <br />§13-75-12.4 Lay nets. (a) No person shall use <br />or possess any lay net in State waters without first <br />obtaining a lay net permit. Lay net permits shall be <br />non-transferrable and shall expire on June 30 of each <br />year. <br />(b) The fee for issuance or renewal of a lay net <br />permit shall be $25. The fee for a duplicate permit <br />