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of this section shall be confiscated and offered as <br />evidence. <br />(c) No person shall take any fish by the use of <br />spears, or possess any speared fish which is smaller <br />than the minimum size for the fish as specified in <br />chapter 13-95, HAR, or any rule adopted under section <br />187A-5, I -IRS. Any person violating this provision for <br />the first time shall receive a citation. Evidence of <br />each specimen may constitute a separate offense. Any <br />subsequent violation shall be punished as provided for <br />in sections 187A-12.5 and 188-70, I -IRS; <br />provided that the first subsequent violation shall be <br />considered a first violation for the purposes of <br />section 187A-13, HRS. [Eff 12/3/98; am and comp <br />3/2/07; am and comp (Auth: HRS <br />§187A-5) (Imp: HRS §187A-5) <br />§13-75-10 Throw nets. (a) It is unlawful for <br />any person who is in the water or on or about the <br />shore where fish can be taken to have in the person's <br />possession a throw net with a mesh of less than two <br />inches stretched mesh. <br />(b) It shall be unlawful for any person to sell <br />or to offer for sale any throw net with a mesh of less <br />than two inches stretched mesh. <br />(c) Any person violating this provision shall be <br />subject to penalty as provided under [ehmatp-t-~� ' �,] <br />sections 187A-12.5 and 188-70, HRS. [Eff 12/3/98; am <br />and comp 3/2/07; am and comp (Auth: <br />HRS §187A-5) (Imp® HRS §187A-5) <br />§13-75-11 Drift gill nets. (a) It is unlawful <br />for any person to possess or use any drift gill net in <br />the waters of the State. <br />[4-a+](b) Any person violating this section shall <br />be subject to penalty as provided under <br />sections 187A-12.5 and 188-70, HRS. [Eff <br />12/3/98; am and comp 3/2/07; am and comp <br />(Auth: HRS §187A-5) (Imp: HRS <br />§187A-5) <br />75-10 <br />