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§13-38-2
<br />"District" means the Waiopae Tidepools marine life
<br />conservation district.
<br />"Marine life" means any type or species of
<br />saltwater fish, shellfish, mollusks, crustaceans,
<br />coral, or other marine animals, including any part,
<br />product, egg, or offspring thereof; or seaweeds or
<br />other marine
<br />plants, including any part, product, seed, or root
<br />thereof.
<br />"Take" means to fish for, catch, capture, or
<br />harvest, or to attempt to fish for, catch, capture, or
<br />harvest, aquatic life. The use of any gear, equipment,
<br />tool, or any means to fish for, catch, capture, or
<br />harvest, or to attempt to fish for, catch, capture, or
<br />harvest, aquatic life by any person who is in the
<br />water, or in a vessel on the water, or on or about the
<br />shore where aquatic life can be fished for, caught,
<br />captured, or harvested, shall be construed as taking.
<br />"Waiopae tidepools marine life conservation
<br />district" means that portion of the submerged lands and
<br />overlying waters of the area known as the Waiopae
<br />tidepools beginning at the high water mark at the
<br />shoreline and those overlaying waters and submerged
<br />lands depicted in the "Map of the Waiopae Tidepools
<br />Marine Life Conservation,,l��,s r q4 awaii" at the end
<br />of this chapter. [Eff J�JjV10 CUUJ ] (Auth: HRS
<br />§§190-2, 190-3) (Imp: HRS §190-2, 190-3)
<br />§13-38-3 Prohibited activities. No person shall
<br />engage in the following activities in the district:
<br />(1) Take, injure, kill, possess, or remove any
<br />marine life;
<br />(2) Take, alter, deface, destroy, possess, or
<br />remove any sand, coral, rock, or other
<br />geological feature, or specimen;
<br />(3) Anchor or moor any vessel; and
<br />(4) Conduct commercial activities, such as, but
<br />not limited to, commercial tours, dive
<br />groups, sightseeing tours, hikes, or guided
<br />services. [Eff JUN 16 2003 ] (Auth: HRS
<br />§§190-2, 190-3, 190-4.5) (Imp: HRS §190-2,
<br />190-3, 190-4.5)
<br />§13-38-4 Exceptions; permits. (a) The
<br />department may issue permits to engage in activities
<br />prohibited by section 13-38-3 and as may be otherwise
<br />prohibited by law, provided that:
<br />38-2
<br />2540
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