HomeMy WebLinkAboutHAR-13-75dr2Amendment and Compilation of Chaptex 13-75
Hawaii Administrative Rules
(date adopted)
1. Chapter 13....... 75, Hawaii Administrative Rules,
entitled "Rules Regulating the Use and Possession of
Ceitain Fishing Gear", is amended and compiled to read
as follows:
"HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 4 FISHERIES
PART IV FISHERIES RESOURCES MANAGEMENT
CHAPTER 75
RULES REGULATING THE POSSESSION AND USE
OF CERTAIN FISHING GEAR
§13-75-1 Definitions
S13-75-2 Penalty
§13-75-2.5 Asset forfeiture
513-75-3 Severability
S13-75-4 Disposal of fishing gear
§13-75-5 Explosives
§13-75-6 Electrofishing devices
§13-75-7 Poisonous substances
§13-75-8
Firearms
§13-75-9
Spears
§13-75-10
Throw nets
§13-75-11
Drift gill nets
§13-75-12
Gill nets
§13-75-12.2
Akule nets
§13-75-12.4
Lay nets
§13-75-12.5
State waters around Moloka°i® special
rules
§13-75-13
Bullpen traps
§13-75-14
Nets, generally
§13-75-15
Traps
§13-75-1 Definitions. As used in this chapter®
unless otherwise provided®
"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 scarf.
"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 very visible and made of small
mesh to prevent the fish from passing through the
mesh.
"Bag net fishing method® 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 fence
net in the water in such a manner as to completely
encircle the aquatic life. The fence net primarily
acts like a barrier to hold or concentrate the aquatic
life within the net. The mesh is smaller than the
target species so as to prevent the smaller aquatic
life from swimming through or entangling in the mesh.
The aquatic life is then moved into the bag net for
removal from the water. The main characteristics of
the bag net fishing method are the closed net
MWOO
configuration, the moving net, person or persons do
not chase the aquatic life into the net, and most, if
not all, of the aquatic life within the net are
captured..
"Bullpen trap" means a type of fishing gear that
has a pen and guide or guides of a length or lengths
of net or material designed to guide aquatic life into
the pen situated to prevent the escape of some or all..
of the aquatic life entering the pen, whether or not
the guide or guides are connected to the pen.
"Closed net configuration" means a net that is
deployed in a manner in which the net acts as a
physical barrier that prevents or impedes the escape
of aquatic life that are too large to pass through the
mesh. A net so deployed in a series of baffles or in
a complete circle will not allow large fish to escape
capture, even if the fish are not entangled in the
mesh.
uo Commercial marine licensee" means any person
that has been issued as commercial marine license
pursuant to section 189-2, HRS, and section 13-74-20.
"Department" means the department of land and
natural resources.
"Freshwater stream" means an river, c.re-zek.®
canal ditch or other natural or artificial..
watercourse with a defined bed or channel in which
ARTAKE11212either continuousjy,2E_pfjiodicaljy,,
TATITTudes port" L ............. �071TRAT streaml-TIA-Tv
........................ . ........ . ........ -1 1 ......... . .. . ............................
contain brackish water or saltwater
............................................................................................................................................................................................................................................................................................................................................................
..................
as at h .1h tide or durin(:,� times of low or no
freshwater flow.
.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 semi-
transparent materials to make the net seem invisible
underwater, with mesh openings large enough to permit
the heads of fish to pass through, ensnaring thern
around the gills when they attempt to escape.
W�Mm
"Gold -spot herring" means any fish identified as
Herklotsichthys quadrimaculatus or other recognized
synonyms.
"Hand 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.
"'Iao" or "silversides" means any fish identified
as Atherinomorus insularum or other recognized
synonyms®
"Landing net" means a hand net that is used to
further secure capture of marine life, after the
marine life has been first hooked or otherwise
detained, to prevent the marine life from becoming
unhooked or lost®
"Lay net" means a gill net that is used in lay
net fishing.
"Lay netting" or "lay net fishing method" 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 a specific
location, then retrieving the gill net from the same
location, after a certain time period has passed to
allow for the capture of aquatic life® The lay net
primarily entangles aquatic life within the mesh of
the net as the aquatic life swim or move into the
stationary lay net® The lay net is most commonly
deployed in a straight line or semi -circular
configuration® The main characteristics of lay net
fishing are the open net configuration, the stationary
net, person or persons may chase the aquatic life into
the net, and only aquatic life that becomes entangled
in the net mesh are captured® This fishing method is
also known as set netting, cross netting, pa'ipa'i
netting, and moemoe netting.
"Makiawa" or "mikiawa" means any fish identified
as Etrumeus teres or Etrumeus micropus or other
recognized synonyms®
"Marquesan sardine" means any fish identified as
Sardinella marquensis or other recognized synonyms.
"MUlt.... liDanel NO net" means a Al net consistIall
of two or more ally of different
mesh size. This ear, is also knDwn as as trammel net.
.................................................... I.." ....... . ...
"Nehu" means any fish identified as
Encrasicholina puz.-pux-ea or other recognized synonyms.
"'Opae" or "shrimp" or other recognized synonyms
means an invertebrate crustacean of the Order
Decaa.podaa.® but other than lobsters, crabs, or crayfish.
"'Opelu" means any fish identified as Decapterus
macarellus or other recognized synonyms.
"Pua" means any juvenile fish identified Mugll
cqphalus or other recognized synonyms. This fish is
also known as young mullet.
"Stony coral" means any of the invertebrate
species belonging to the Order Scleractinia,
characterized by having as hard calcareous skeleton,
that are native to the Hawaiian islands.
"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.,
"Surround gill netting or surround gill net
fishing method" means as technique of fishing where as
person or persons engage in the act of or attempt to
engage in the act of deploying as gill net in the water
in such as 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 surround gill net. The main
characteristics of surround gill 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..
"Take" means to fish for, catch, capture,
confine, or harvest, or to attempt to fish for, catch,
or harvest, aquatic life. The use of any gear,
equipment, tool, or any means to fish for, catch,
capture, confine, or harvest, or to attempt to fish
for, catch, capture, confine, or harvest, aquatic life
by any person who is in the water, or in as vessel on
the water, or on or about the shore where aquatic life
75-5
can be fished for, caught, captured, confined, or
harvested, shall be construed as taking.
"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.
"Using" means placing in the water or attempting
to place in the water. [Eff 12/3/98; am 1/11/02; am
and comp 3/2/07; am and comp (Auth:
HRS §187A-5) (Imp: HRS §187A-5)
§13-75-2 Penalty. (a) [A] Any person violating
any provision of this chapter or the terms and
conditions_of_any license or permit issued as provided
by this chapter, shall be subject to:
(1) [adffi�nist-i=aml=-�vej Administr'�tive penalties as
provided [unelef ehaptef by section
1871-12.5, HRS[, as afRenEie6,J;
(2) Criminal penalties as provided by sections
187A-13, 188-70, and 189-4, HRS; and
(3) [in additien te any] Any other penalty as
provided by law.
(b) Unless otherwise expressly provided, the
remedies or penalties provided by this chapter are
cumulative to each other and to the remedies or
penalties available under all other laws of this
State. [Eff 12/3/98; am and comp 3/2/07; am and comp
] (Auth: HRS §§187A-5) (Imp: HRS
§§187A-12.5, 187A-13, 188-70, 189-4)
§13-75-2.5 Asset Forfeiture., Any equipment,
article, instrument, aircraft, vehicle, vessel,
business record, or natural resource used or taken in
violation of this chapter or the terms and conditions
of any license or permit issued as provided by this
chapter, may be seized and subject to forfeiture as
provided by section 199-7 and chapter 712A, HRS. (Eff
and comp I (Auth: HRS §187A-5) (Imp:
HRS §199-7, ch. 712A)
§13-75-3 Severy bility. If any provision of this
chapter, or the application thereof to any person or
circumstance is held invalid, the invalidity does not
affect other provisions or applications of the chapter
which can be given effect without the invalid
provision or application, and to this end the
provisions of this chapter are severable. [Eff
12/3/98; comp 3/2/07; comp ] (Auth-
HRS §§187A-5, 1-23) (Imp: HRS §§187A-5, 1-23)
§13-75-4 Disposal of fishing gear. It is
unlawful to discard or otherwise dispose of any
fishing net® trap, or gear with netting® or parts
thereof® in the waters of the State. Any person
violating this section shall be subject to penalty
under [,e• sections 187A-12. 5 and 188-70
--------- ... — .-----
HRS. [Eff 12/3/98; am and TOP comp
(Auth: HAS §187A-5) (Imp: HRS
SIVA-&
§13-75-5 Mplasives. (a) It is unlawful to
possess or use on or near state waters, any explosives
or blasting fuse caps, for the purpose of taking
aquatic life, except under the terms and conditions of
a permit first obtained by the user from the
department,.
(b) The department may issue permits for the use
of explosives consistent with other legal..
requirements.
(c) Any person found to have violated subsection
(a) shall be guilty of a class C felony as provided
under 180-70(b), HRS. [EfE 12/3/98; am and camp
3/2/07; camp ] (Auth: HRS SS187A-5,
188-23) (Imp: HRS SS187A-5, 188-23)
§13-75-6 Electrofishing devices. (a) It is
unlawful to possess or use on or near state waters®
any electrofishing devices or any source of electrical
75-7
energy with appurtenant devices for the introduction
of electricity into the water for the purpose of
taking aquatic life, except under the terms and
conditions of a permit first obtained by the user from
the department.
(b) The department may issue permits for the use
of electrofishing devices consistent with other legal
requirements®
(c) Any person found to have violated subsection
(a) of this provision shall be guilty of a class C
felony as provided under 188-70(b), HRS. [Eff
12/3/98; am and comp 3/2/07; comp
(Ruth® HRS §§187A-5, 188-23) (Imp: HRS §§187A-5,
188-23)
§13-75-7 Poisonous substances. (a) It is
unlawful to deposit in, permit to pass into, or place
where it can pass into the state waters for the
purpose of taking aquatic life, any of the following®
(1) Any petroleum, coal or oil tar, lampblack,
aniline, asphalt, bitumen, or residuary
product of petroleum or carbonaceous
material or substance;
(2) Hypochlorous acid or any of its salts,
including bleaches commonly sold under
various trade names, such as Clorox and
Purex, and bleaching powders;
(3) Preparations containing rotenone, tephrosin,
or plant materials from Barringtonia
asiatica, Cocculus ferrandianus, Hura
crepitans® Piscidia erythrina, Tephrosia
purpurea, Wikstroemia spp®P or
(4) Any other substance or material deleterious
to aquatic life; except under the terms and
conditions of a permit first obtained by the
user from the department.
(b) The department may issue permits to allow
the possession or use of stated amounts of these
substances poisonous to aquatic life if the department
deems the amount in possession is for legitimate
purposes or in quantities too small to harm aquatic
life.
(c) The possession of these substances without a
permit issued by the department by any person on or
near the water where fish can be taken, or aboard any
fishing vessel or boat is prima facie evidence of a
violation of this section.
(d) Any person found to have violated subsection
(a) of this provision shall be guilty of a class C
felony as provided under 188-70(b), HRS. [Eff
12/3/98 am and CDmp 3/2/07; comp
(Auth: HRS SS187A-5, 188-23) (Imp: HRS SS187A-5,
188-23)
§13-75-8 Firearms. (a) No person shall pursue,
take, or kill any turtle, crustacean, mollusk, aquatic
mammal, or fish, except tuna and billfish that have
been caught and gaffed, �-, , ] in the State
with firearms as defined in section 134-1, HRS.
(b) Any crustacean, mollusk, aquatic mammal, or
fish taken or killed in violation of this section, or
offered for sale after being taken or killed in
violation of this section, shall be confiscated and
offered as evidence.
(c) Any person violating this provision shall be
subject to penalty as provided under [e-h- - - I
sections 187A-12.5 and 188-70, HRS. Evidence of each
specimen may constitute a separate offence.
Enforcement of any offense under this section shall..
not preclude any prosecution under chapter 134, HRS.
[Eff 12/3/98; am and comp 3/2/07; am and comp
(Auth: HRS §187A-5) (Imp: HRS
S187A-5)
§13-75-9 Spears. (a) No person shall pursue,
take, or kill any crustacean (except introduced
freshwater prawns), turtle, or aquatic mammal in the
State with a spear.
(b) Any crustacean, mollusk, aquatic mammal, or
fish taken or killed or offered for sale in violation
of this section shall be confiscated and offered as
evidence.
(c) No person shall take any fish by the use of
spears, or possess any speared fish which is smaller
than the minimum size for the fish as specified in
chapter 13-95, HAR, or any rule adopted under section
187A-5, HRS. Any person violating this provision for
the first time shall receive a citation. Evidence of
each specimen may constitute a separate offense. Any
subsequent violation shall be punished as provided for
in sections 187A-12.5 and 188-70, HRS;
provided that the first subsequent violation shall be
considered a first violation for the purposes of
section 187A-13, HRS. [Eff 12/3/98; am and comp
3/2/07; am and comp (Auth: HRS
§187A-5) (Imp: HRS §187A-5)
§13-75-10 Throw nets. (a) It is unlawful for
any person who is in the water or on or about the
shore where fish can be taken to have in the personas
possession a throw net with a mesh of less than two
inches stretched mesh.
(b) It shall be unlawful for any person to sell
or to offer for sale any throw net with a mesh of less
than two inches stretched mesh.
(c) Any person violating this provision shall be
subject to penalty as provided under [,]
sections 187A-12.5 and 188-70, HRS® [Eff 12/3/98; am
and comp 3/2/07; am and comp (Auth:
HRS §187A-5) (Imp: HRS §187A-5)
§13-75-11 Drift gill nets. (a) It is unlawful
for any person to possess or use any drift gill net in
the waters of the State.
[4-a+](b) Any person violating this section shall
be subject to penalty as provided under [e4aptre-r-
4-8-7-A—,] sections 187A-12.5 and 188-70, HRS. [Eff
12/3/98; am and comp 3/2/07; am and comp
(Auth: HRS §187A-5) (Imp: HRS
§187A-5)
§13-75-12 Gill nets. (a) It is unlawful for
any person engaged in gill net fishing to:
[*a*](l) Leave the person's net unattended
7Y
for
an amount of time;or
MOM) Leave the net in the water for a period
of more than four hours in any twenty-four
hour period.
(b)
g=21fL2 a visual ins ection of the entire net within
two hours after the net is first deployed and shall.
release an threatened® endan Bred® rohibited® or
unwanted s
............. .
(c) Any person violating this section shall be
subject to penalty as provided under
sections 187A-12.5 and 188-70 HRS. [Eff 12/3/98; am
and comp 3/2/07; am and comp (Auth:
HRS §187A-5) (Imp: HRS §187A-5)
§13-75-12.2 Mule nets. (a) It is unlawful for
any person without a valid commercial marine license
to take akule with any net that has less than two and
three -fourths inches stretched mesh, except as
provided in subsection (e) or as may be otherwise
provided by law..
(b) It is unlawful for any person without a
valid commercial marine license to take akule while
using the bag net fishing method.
(c) Except as provided in subsection (e) or as
may be otherwise allowed by law, it is unlawful for,
any commercial marine licensee to take akule while
using the:
(1) Lay net fishing method with a net that has
less than two and three - fourths inches
stretched mesh;
(2) Surround net fishing method with a net that
has less than two and one-half inches
stretched mesh; or
(3) Bag net fishing method with a net that has
less than one and one-half inches stretched
mesh.
(d) It is unlawful for any commercial marine
licensee to keep akule within a bag net in the ocean
for more than three days without notifying the
department. The person must explain the reasons for
keeping the akule and when the bag net will be
removed. The chairperson or an authorized
representative of the department may require the
immediate removal of the akule from the bag net if the
action is necessary to prevent the unacceptable waste
of the akule or to alleviate an unacceptably high
public safety risk.
(e) Notwithstanding the provisions of
subsections (a) through (d), and section 13-75-14(7),
a person may use:
(1) [a-] A landing net of any mesh size; provided
that the opening of the landing net is less
than four feet in any dimension, excluding
the handle[—.]; or
(2) A throw net with a mesh of two inches or
(f) Anyone violating any provision of this
section shall be subject to penalty under
®] sections 187A-12.5 and 188-70, HRS. Each
violation may constitute a separate offense. [Eff
1/11/02; am and comp 3/2/07; am and comp
(Auth: HRS §187A-5) (Imp: HRS
§187A-5)
§13-75-12.4 Lay nets. (a) No person shall use
or possess any lay net in State waters without first
obtaining a lay net permit. Lay net permits shall be
non-transferrable and shall expire on June 30 of each
year.
(b) The fee for issuance or renewal of a lay net
permit shall be $25. The fee for a duplicate permit
shall be $10. it on _recluest andyeri.fication, _fees
shall be waived for Hawaii residents elloible for
benefits under the 'u olemental Nutrition Assistance
LPEoqram_
(c) The department may revoke, suspend® or
withhold issuance or renewal. of a lay net permit for
an violation of this section, provided that an
revocation, sus pension® or withholding of a 1Av net
rmit shall. riot exceed three months unless a .ton er
2eriod not to exceed two years is a roved — the
board.
E I (d) It is unlawful for any Person within
the jurisdiction of state waters to:
E +I+
4-2+] (1) Possess or use a lay net [ w44-e4-+-rp-�
] that, except as provided in
section 13-60.4--6, is:
(A) Longer than one hundred twenty-five
feet in length when set end to end®
[&+14] or more than seven feet in
stretched height; [] or
(B) Of less than two and three -..fourths
inches stretched mesh, except as
provided in section 1.3-52-2 (2) (A)
(2) Possess or use a multi-pariel la.y net;
[+4+.1(3) Possess or use a lay net that does not
have at least four identification tags as
specified [erf-� �..] by the department.
Each identification tad must:
_the _1aj net_2ermit number of_the _peEsor�
p F22 s, _,ss_n i or usn t- the net. At least
_ E i
one identification tag must be attached at
each end of both the net float line and the
net lead line for a total of at least four
attachment points on each lay net; or
[+5+].(4) Fish with more than one lay net at a
time.
[-fb*](e) It is unlawful. for any person using the
lay net fihing method to:
(1) Use a lay net that is not marked by surface
buoys as specified ] by the
'7 5 -.1. 3
department. The buoys shall legibly display
the lay net _
[___',4
sti-at4reftI permit number[,—]
of the person using the lay net, be marked
with reflective tape, and be visible above
the surface of the water. The buoys shall
be attached to each end of the float line
for a total of two buoys for each lay net;
(2) Use a lay net within two hundred fifty feet
of another lay net, except as provided in
section 13-60.4-6;
(3) Use a lay net in water greater than twenty-
five feet in depth; provided that a person
with a commercial marine license may use a
lay net in water depths up to eighty feet,
except as provided in section 13-60.4-6;
(4) Use a lay net for more than four hours
during any one set; provided that [aftef ene
set, the same layn������
W-J-1hin -wen-y E-euf heafs after -he end-ing ef
-lie se-P -ai+d-f)fE)V41 ed—fti-rr��] the same
person shall not set any other lay net
within [] twenty-four [heur peried]
hours after the ending of the set;
(5) Leave a lay net unattended for [Faere "'at.
ene-half heidicp] any amount of time, provided
that a lay net shall be considered
unattended if the lay net or surface buoys
are not within ... eyesight of the person using
the lay net;
(6) Retrieve a lay net in such a manner as to
cause any stony coral to break from its
attachment to the bottom or to break into
smaller pieces. Any stony coral brought to
the surface in the net shall be considered
prima facie evidence of a violation of this
section;
(7) Fail to complete inspection of an entire lay
net within two hours after the beginning of
the set. The person lay net fishing shall
inspect the lay net and release any
threatened, endangered, prohibited, or
unwanted species;
(8) Discard, abandon® or leave any lay net, or
portion thereof® in the water for longer
than four hours;
(9) Use a lay net in freshwater streams or
stream mouths; or
(10) Use a lay net during the period from one--
half hour after sunset to one-half hour
before sunrise.
[4n*](f) It is unlawful for any person to
falsely identify any lay
n e t
Any lay net, within the jurisdiction of
state waters® [w �-_ �',' �__ that does
not have proper identification tags or surface buoys
as required in subsections [40*-and-45YA (d) - and - (e),
shall be considered contraband and subject to
immediate Seizure by the department.
[41*](h) It is unlawful for any person to use a
lay net in the following areas as provided in the
table describing the boundary coordinates or locations
for the prohibited fishing areas® located at the end
of this chapter® entitled, "Table of Descriptions of
Lay Net Fishing Prohibited Areas°"® dated April 10®
2006; and in the maps located at the end of this
chapter, entitled, "Map of Lay Net Fishing Prohibited
Area: Maui""® dated April 19, 2006; "Map of Lay Net
Fishing Prohibited Areas: 0'ahu", dated April 19,
2006; and "Map of Lay Net Fishing Prohibited Area:
Kane 'ohe Bay, 0'ahu", dated April 19, 2006:
(1) Island of Maui.;
(2) Kawaihoa Point to Keahi Point, 0'ahu;
(3) Mokapu Point to Wailea Pont® 0'ahu; or
(4) Kane 'ohe Bay, 0'ahu.
75-15
[+ff4-](i) Any person violating any subsection of
this provision shall be subject to penalty as provided
under [,] sections 187A-12.5 and 188-70,
HRS. Each violation may constitute a separate
offense.[-!-'] [Eff and comp 3/2/07; am 12/26/13; am and
comp ] (Auth: HRS §§187A-5, 188-53)
(Imp: HRS §§187A-5, 188-53)
§13-75-12.5 State waters around Moloka'i,
special rules. (a) Notwithstanding the provisions of
• 13-75-12.4, it is unlawful for any person [e-ft
er abeut= the] in State waters • the island •
Moloka'i to use a lay net [eiF lay nets!]:
(1) [that eiee ) That is longer than 750 feet
in length [a+�d] when set end to end, or more
than seven feet in stretched height; •
(2) P�hat have.] That has a stretched mesh •
less than • and three -fourths inches.
(b) Notwithstanding the provisions of section
13-75-12.4, any person [whe uses] using a lay net
ns=t&=-*-,n 5r a'b6ut th-it ] in State waters of the
island • Moloka'i shall:
(1) [rregistei- anel ebt=aln iden4aifiea6!en tags
ffeffi the EiepaEtFaent feE these lay netstl
First •• a lay net •- from the
department;
(2) Attach at least • identification .• to
each lay net as specified by the •-s.
Each identification tag must legibly display
the lay net •e number • • of the
person or persons using the net. At least
• identification tag must • attached at
each end • •• the net float line and the
net • line for a total • at least four
attachment •o • each lay net;
[+2+](3) [when set, mafk] Mark each lay [net=s]
net with at least two surface buoys, • at
each end of its total length[, and these].
The surface buoys shall display the
[depaftffient EegistEatienl lay net permit
number[7-1 or numbers of the person or
Ilersons using the la, net®—, be marked with
reflective tape® and be large enough to be
visible to the naked eye from a distance of
1,320 feet;
few*-4*u*a*J Not set a lav net for more than
twelve hours durinCF an one set; -- vided
that the s,ar����_not_set_!Ey_other
la v net within twent -four hours after the
ending of the t'
[+?P](5) [leas] Leave a distance of at least
1,320 feet from any other lay nets that are
already set; and
[44*1(6) [eempleVel tom. fete at least two
inspections of the entire length of lay net
set® and shall release any unwanted®
prohibited, threatened or endangered
species.
(c) Any person violating any subsection of this
provision shall be subject to penalty as provided
under [e4apoes-14TAv] sections 187A-12.5 and 1.80--70®
HRS. Each violation may constitute a separate
offense. [Eff 7/12/07; am and comp
(Auth: FIRS §§18774-5, 188-53) (Imp: HAS 187A-5®
188-53)
§13-75-13 Bullpen traps. (a) It is unlawful..
for any person to use bullpen traps with a stretched
mesh of less than two inches.
(b) It is unlawful for any person to capture or
attempt to capture aquatic life with a bullpen trap
which exceeds two thousand feet in total length..
The total length of a bullpen trap shall include the
length of the guide or gUides and pen..
(c) It is unlawful for any person engaged in
bullpen trap fishing to leave the trap in the same
place for a period of more than sixteen hours.
(d) It is unlawful for any person to capture or
attempt to capture aquatic life with a bullpen trap
75-1 7
within one thousand yards from the shoreline, except
as provided in subsection (e).
(e) Notwithstanding subsection (d), it is lawful
to capture or to attempt to capture aquatic life with
a bullpen trap in the area seaward from five hundred
yards from the shoreline of the island of Moloka'i
west of Kaunakakai wharf and in the area seaward from
two hundred yards from the shoreline of the island of
Moloka'i east of Kaunakakai wharf; provided that the
department may designate other areas of similar
characteristics in which the use of bullpen traps
within one thousand yards from the shoreline may be
allowed under this subsection.
(f) Any person violating any portion of this
section shall be subject to penalty as provided under
[ehapteE 144A—y] sections 187A-12.5 and 188-70, HRS.
Each violation may constitute a separate offense.
[Eff 12/3/98; am and comp 3/2/07; am and comp
(Auth: HRS ,,,187A-5) (Imp: HRS
§187A-5)
§13-75-14 Nets, generally. (a) It is unlawful
for any person to use nets made of or using netting
with a stretched mesh of less than two inches, except
that:
(1) Pond owners or operators who hold a valid
license issued under section 13-74-40, may
use nets of smaller mesh to take young
mullet or pua for stocking their fish ponds;
(2) Commercial marine licensees who hold a valid
bait license issued under section 13-74-22,
may use nets of smaller mesh to take nehu,
'iao, marquesan sardine, gold -spot herring,
or any other species for which an open
season may be declared by the department for
use as bait;
(3) All persons may use nets of smaller mesh to
take shrimp or 'opae, 'opelu, makiawa, or
mikiawa;
(4) Aquarium fish collectors with a valid
aquarium fish permit issued pursuant to
section IBB-31, HRS, may use traps and nets
fox aquarium fish and other aquatic life in
conformance with the conditions oE the
permit, provided that non-commercial..
aquarium fish collectors shall be limited to
a combined total of five fish or aquatic
life specimens per person per day;
(5) All persons may use an net with mesh of not
less than one and one-half inches to take
akule; provided that no akule measuring less
than eight and one-half inches in total..
length from the tip of the snout to the tip
of the tail shall be taken with a net during
the months of July, August, September, and
October;
(6) All persons engaged in surround net fishing
with scuba, may use nets with mesh of not
less than one and one-halE inches only to
bag and transport the fish captured with
legal gear to the shore or the boat; and
(7) All persons may use hand nets or scoop nets
of smaller mesh to take fish or other marine
life for noncommercial purposes only;
provided that the net, including any handle
and other attachment thereto, shall not
exceed three feet in any dimension.
[44*1111 Any person violating this provision
shall be subject to penalty as provided under [ehapoe
tions 187A-12.5 and 188-70 HRS. Each
.......................................................................................................................... ...... v i o 1 a t i o n Y Lite a separate offense. [Eff
12/3/98; am and comp 3/2/07; am and comp
(Auth: HRS §187A-5) (Imp: HRS
S187A-5)
§13-75-15 Traps. (a) It is unlawful for any
person to use any type of trap which is not portable
or which is more than ten feet in length or six feet
in height or width.
(b) Except for traps of smaller mesh to take
shriMp Dr 'opae, and for the entrance cone, it shal"L
also be unlawful to use traps:
75-19
(1) With netting having a stretched mesh of less
than two inches; or
(2) Made with plastic, wire, coated wire, or any
other stiff material with a rigid mesh of
less than two inches long by one inch wide.
(c) Any person violating any portion of this
provision shall be subject to penalty as provided
under [ehap--eE 14P-A—,] sections 187A-12.5 and 188-70,
HRS." [Eff 12/3/98; am and comp 3/2/07; am and comp
] (Auth® HRS §187A-5) (Imp: HRS
W
2. Material, except source notes and other
notes, to be repealed is bracketed and stricken. New
material is underscored.
3. Additions to update source notes and other
notes to reflect these amendments and compilation are
not underscored.
4. The amendments to and compilation of chapter
13-75, Hawaii Administrative Rules, shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
I cert.i.fy that. the foregoing are copies of the
rules, drafted in the Ramseyer format, pui-.'suant to the
requirements of section 91 4.1., Hawaii Revi.sed
. .......................................... . .......................................................................................... . ... and f.i..Ied wi.th the Office of the L.i.eutenant Governor.
. . .................... I " "' ;-
SUZANNE "E).C%SE,,.
Chair erson, Board o.t Land
and NatUral Resources
APPROVED FOR PUBL,1C HEARING:
utV AttorrTey General
Hawaii Administrative Rule Chapter 13-75
Table of Descriptions of
Lay Net Fishing Prohibited Areas
Location
Area Description/Boundary Definition
Maui (island)
State waters out to 3 nautical miles
around the entire island.
Kane'ohe Bay,
State waters out to 3 nautical miles
0'ahu
and bounded by the nearest landward
limits of the Sampan and Ship
channels and further bounded landward
by that portion of the Ship channel
that connects North and South
portions of the Bay.
Kailua Bay,
State waters out to 3 nautical miles
0'ahu
and bounded by the latitude
coordinates 21'27.5'1"N (Mokapu
Point) and 21022.8'1"N (Wailea
Point).
South 0'ahu
State waters out to 3 nautical miles
and bounded by the longitude
coordinates 157'42.6'W (Kawaihoa
,Point) and 157058.8'W (Keahi Point).
51
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