HomeMy WebLinkAboutHAR 13-60dr2 (2)Amendment and Compilation of Chapter 13-60.4
Hawaii Administrative Rules
(date adopted)
1. Chapter 13-60.4, Hawaii Administrative Rules,
entitled "West Hawai'i Regional Fishery Management
Area, Hawaii", is amended and compiled to read as
follows:
"HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 4 FISHERIES
PART II MARINE FISHERIES MANAGEMENT AREAS
§13-60.4-1 Intent and purpose
§13-60.4-2 Geographical jurisdiction of chapter
provisions
§13-60.4-3 Definitions
§13-60.4-4 Activities prohibited within the West
Hawai'i regional fishery management
area
§13-60.4-5 Activities prohibited within selected
areas
§ 13 - 6 0 . 4 - I
§13-60.4-6 Lay net permit and use requirements
§13-60.4-7 Aquarium collecting permit and vessel
registration requirements
§13-60.4-8 Penalty
§13-60.4-8.5 Asset forfeiture
§13-60.4-9 Severability
Historical note: Chapter 13-60.4 is based
substantially upon chapter 13-60.3 and is
simultaneously adopted upon repeal of that chapter.
All rights, duties, penalties, and responsibilities
incurred under chapter 13-60.3 are intended to be
transferred to chapter 13-60.4 upon its adoption.
[Eff 12/31/99; am, ren, and comp 8/l/05; R
I
§13-60.4-1 Intent and purpose. (a) The intent
and purpose of this chapter regarding the West Hawai'i
regional fishery management area shall be to:
(1) Establish the West Hawai'i regional. fishery
management area for improved management of
consumptive and nonconsumptive uses of
aquatic resources;
(2) Ensure the sustainability of the State's
nearshore ocean resources;
(3) Identify areas with resource and use
conflicts;
(4) Minimize user conflicts and resource
depletion in the West Hawai'i regional
fishery management area, by designating fish
replenishment areas and identifying other
regulated areas where aquarium fish
collecting is prohibited, areas where the
use of gill nets as set nets is prohibited,
and establishing a portion of the fish
replenishment areas as fish reserves where
no fishing of reef -dwelling fish is allowed;
(5) Establish a system of day -use mooring buoys
in high -use coral reef areas and prohibit
anchoring in some of these areas to prevent
60. 4-2
§ 13 - 6 0 . 4 - 2
anchor damage to corals;
(6) Identify areas and resources of statewide
significance for protection;
(7) Facilitate scientific research and
monitoring of the nearshore resources and
environment; and
(8) Facilitate the substantive involvement of
the community in resource management
decisions for the West Hawai'i regional
fishery management area through dialogue
with community residents and resource users.
(b) Native Hawaiian traditional and customary
rights with regard to marine resources for
subsistence, cultural, and religious purposes are
recognized. Claims for traditional and customary
rights will be decided by appropriate agencies when a
claims procedure is established. [Eff 12/26/13; comp
I (Auth: HRS §§187A-5, 188-53, 188F-6)
(Imp: HRS §§187A-5, 188-53, 188F-2, 188F-3, 188F-4,
188F-6)
§13-60.4-2 Geographical jurisdiction of chapter
provisions. (a) The provisions of this chapter shall
apply to the West Hawai'i regional fishery management
area, bounded by the west coast of Hawai'i Island,
from Ka Lae, Ka'Q (South Point) to 'Upolu Point, North
Kohala, and extending from the upper reaches of the
wash of the waves on shore, seaward to the limit of
the State's police power and management authority.
(b) The following marine reserves, fish
replenishment areas, and netting restricted areas
shall be established within the boundaries of the West
Hawaii regional fishery management area (as depicted
in the exhibit entitled "Map of Marine Reserve, Fish
Replenishment Area, and Netting Restricted Area
Boundaries", dated 12/12/12, located at the end of
this chapter) :
(1) Ka'Qpalehu marine reserve, identified on
shore to the north by the northern boundary
of the Ka'QpQlehu ahupua'a and to the south
by the southern side of Kikaua Point (south
60.4-3
§ 13 - 6 0 . 4 - 2
of KQki'o Bay);
(2) North Kohala fish replenishment area,
identified on shore to the north by Kamilo
Gulch and to the south by the Kawaihae
Lighthouse;
(3) Puak6-'Anaeho'omalu fish replenishment area,
identified on shore to the north by the
southern end of the Puakb Bay and Puakb Reef
fisheries management area and to the south
by the southern side of 'Anaeho'omalu Bay
(Kapalaoa);
(4) Kaloko-Honok6hau fish replenishment area,
identified on shore to the north by the
southern boundary of Wawaloli Zone (a Kona
Coast fisheries management area defined in
section 13-58-2) at Wawahiwala Point and to
the south by Noio Point;
(5) Kailua-Keauhou fish replenishment area,
identified on shore to the north by the
southern boundary of Kailua Bay Zone, Kona
Coast fisheries management area defined in
section 13-58-2, and to the south by the
northern boundary of the Keauhou Bay
fisheries management area defined in section
13-57-1;
(6) Red Hill fish replenishment area, identified
on shore to the north at Nenue Point and to
the south by Keawakaheka Point;
(7) Napolopo'o-H6naunau fish replenishment area,
identified on shore to the north by the
southern boundary of Kealakekua Bay marine
life conservation district (Manini Beach
Point) and to the south by the southern
boundary of Pu'uhonua o Hbnaunau (Ki'ilae);
(8) Ho'okena fish replenishment area, identified
on shore to the north by Loa Point and to
the south by Ka'Q Loa Point;
(9) Ka'ohe Beach fish replenishment area (Pebble
Beach), identified on shore to the north by
signage south of Ka'Q Loa Point, and to the
south by signage north of 'Au'au Point;
(10) Miloli'i fish replenishment area, identified
60.4-4
§13-60.4-2
on shore to the north by Makahiki Point and
to the south by Kaki'o Point;
(11) Kikaua Point-Makole'a Point netting
restricted area, identified on shore to the
north by Kikaua Point (Kalae o Kikaua) and
to the south by Makole'd Point (near Kekaha
Kai State Park);
(12) Nenue Point-Kealakekua Bay netting
restricted area, identified on shore to the
north by the northern boundary of the Red
Hill fish replenishment area and to the
south by the northern boundary of the
Kealakekua Bay marine life conservation
district;
(13) Hanamalo Point-Kanewa'a Point netting
restricted area, identified on shore to the
north by Hanamalo Point, inclusive of Okoe
Bay and Kapu'a Bay, and to the south by
Kanewa'a Point, South Kona; and
(14) Kanonone--Kalipoa netting restricted area,
identified on shore to the north by
Kanonone, inclusive of Pbhue Bay,
Kahakahakea, and identified to the south by
Kalipoa, Ka'Ci.
Unless otherwise described, any area described in this
chapter shall be described by four reference points
identified by their latitude and longitude
coordinates, as provided in the tables located at the
end of this chapter entitled "Table of Reference
Coordinates to Marine Reserve and Fish Replenishment
Area Boundaries", dated 12/12/12, and "Table of
Reference Coordinates to Netting Restricted Area
Boundaries", dated 12/12/12, and as may be further
indicated by signage on or about the shoreline. The
four points shall be identified as the landward
northern point, the landward southern point, the
seaward northern point, and the seaward southern
point. The landward boundary for each of these areas
shall be an imaginary line drawn along the highest
wash of the waves between the landward northern point
and the landward southern point. Should there be a
stream or river flowing into the ocean, the landward
60. 4-5
§13-60.4-2
boundary shall be an imaginary straight line drawn
between the shoreline on either side of the stream or
river, as if the stream or river was not there.
Imaginary straight lines drawn through the landward
and seaward northern points, and through the landward
and seaward southern points, shall constitute the
northern and southern boundary lines of each area.
The seaward boundary of each area shall be determined
by an imaginary line drawn along the one hundred
fathom (six hundred feet) depth contour, between the
intersection of the one hundred fathom depth contour
and the northern and southern boundary lines. Seaward
GPS reference points are for guidelines and the one
hundred fathom depth contour otherwise controls the
seaward boundary. Any area designated in this chapter
shall include the submerged lands and overlying waters
within these four boundaries.
(c) The following areas, designated and subject
to additional regulations in other chapters, shall
also be considered and regulated as part of the West
Hawaii regional fishery management area:
(1) Lapakahi marine life conservation district,
as described in chapter 13-33;
(2) Kawaihae Harbor fisheries management area,
as described in chapter 13-55;
(3) Wailea Bay marine life conservation
district, as described in chapter 13-35;
(4) Old Kona Airport marine life conservation
district, as described in chapter 13-37;
(5) Kealakekua Bay marine life conservation
district, as described in chapter 13-29;
(6) Puak6 Bay and Puakb Reef fisheries
management area, as described in chapter 13-
5 4 ;
(7) Kiholo Bay fisheries management area, as
described in chapter 13-60;
(8) Kailua Bay fisheries management area, as
described in chapter 13-52;
(9) Keauhou Bay fisheries management area, as
described in chapter 13-57;
(10) Kona Coast fisheries management area, as
described in chapter 13-58;
§13-60.4-3
Except for the area encompassed by the Kawaihae Harbor
fisheries management area, Kawaihae commercial harbor
shall not be regulated as part of the West Hawai'i
regional fishery management area.
(d) Nothing in this chapter shall. be construed
as allowing within the West Hawaii regional fishery
management area any activity otherwise prohibited by
law or rules adopted by the department of land and
natural resource or any other department of the State.
[Eff 12/26/13; am 7/29/16; comp ]
(Auth: HRS §§187A-5, 188-53, 188F-6, 190-3) (Imp:
HRS §§187A-5, 188-53, 188F-2, 188F-3, 188F-4, 188F-6,
190-3)
§13-60.4-3 Definitions. As used in this chapter
unless otherwise provided:
"Aquarium collecting gear" means any equipment or
gear adapted, designed, or commonly used to collect,
capture or maintain aquatic life alive in a state of
captivity, including but not limited to hand nets,
fence or barrier nets, fiberglass, plastic, wood or
metal 'tickle sticks' (including spears or similar
implements used to manipulate the movement of aquarium
fish or animals), catch buckets, keeps, baskets or
venting needles.
"Aquarium collecting vessel" means any motorized
or non -motorized vessel used by any person to collect,
ferry, or scout for aquarium fish or animals.
"Aquarium purposes" means to hold aquatic life
alive in a state of captivity, whether as pets, for
scientific study, for public exhibition, for public
display, or for sale for these purposes. Aquatic life
collected under a valid aquarium permit may not be
used for human consumption, for bait, or for other
consumptive purposes.
"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,
60.4-7
§13-60.4-3
roots, products, and other parts thereof.
"Commercial purpose" means the taking of aquatic
life for profit, gain, sale, purchase, barter,
exchange, to offer for sale, or upon any offer to
purchase.
"Department" means the department of land and
natural resources.
"Deploy" means to place the specified gear in the
water, in whole or in part.
"Fish feeding" means deliberately introducing
into the water any food material, substance, or device
used as an attractant, for any purpose except catching
and removing marine life.
"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.
"Hook -and -line" means a fishing line to which one
or more hooks or other tackle are attached. A hook -
and -line may include a fishing rod or reel or both to
deploy and retrieve the line, and the use of a landing
net to land hooked fish.
"Kona crab net" means a mesh net encircled by a
rigid frame no more than three feet in length in any
direction.
"Lay net" means a panel of net mesh that is
suspended vertically in the water with the aid of a
float line that supports the top edge of the net
upward towards the water surface and a lead line that
keeps the bottom edge of the net downward towards the
ocean bottom.
"Lay net fishing" or to "lay net fish" means
deploying or attempting to deploy a lay net in a set
location and in an open configuration, and retrieving
the lay net from the same location after a certain
time period has passed. This fishing method is also
known as set netting, cross netting, pa'ipa'i, and
moemoe netting. This term does not apply to the use
of a lay net to completely encircle a pre -identified
school of fish, where the net is constantly attended
at all times while in the water, such as in the
practice of surround netting.
§13-60.4-3
"Marine reserve" means an area where any and all
extraction of reef -related marine life, either alive
or dead, or any portion of the reef structure,
including coral, rocks, plants, algae, sand, shells,
or any feature of the natural reef, shall be
prohibited, except as allowed in this chapter.
"Multi -panel lay net" means a lay net consisting
of two or more layers of netting, usually of different
mesh size. This gear is also known as a trammel net.
"Natural fibers" means fibers derived wholly from
plant materials including, olona, linen, cotton, hemp,
and sisal.
"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.
"SCUBA spearfishing" means to take or to attempt
to take aquatic life through the combined use of a
spear and SCUBA gear.
"Set" when used as a noun with respect to the use
of lay nets, means a sequential act beginning from
when the lay net is fully deployed in the water and
ending on the next complete removal of the lay net
from the water.
"Spear" means any device or implement which is
designed or used for impaling marine life. Spears may
include but are not limited to spear gun shafts,
arbaletes, arrows, bolts, Hawaiian slings, tridents,
or three -prong spears. A dive knife is not considered
to be a spear.
"Speared" means pierced, impaled, penetrated,
stuck, or run through by a sharp, pointed implement.
"Take" means to fish for, catch, 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, or harvest, or to
attempt to fish for, catch, capture, or harvest,
aquatic life by any person who is in the water, or in
a vessel on the water, or in the shoreline area where
aquatic life can be fished for, caught, or harvested,
shall be construed as taking.
60.4-9
§13-60.4-3
"Total length" means the length of a fish
measured from the tip of the snout to the tip of the
longer lobe of the caudal (tail) fin. The length
measurement shall be a straight-line measure, not
measured over the curvature of the body of the fish.
"White list" means a list of species of marine
life that may be taken for aquarium purposes. [Eff
12/26/13; am 7/29/16; am and comp ]
(Auth: HRS §§187A-5, 188-53, 188F-6) (Imp: HRS
§5187A-5, 188-53, 188F-6)
§13-60.4-4 Activities prohibited within the West
Hawai'i regional fishery management area. While
within the West Hawai'i regional fishery management
area, no person shall:
(1) Take, kill, possess, sell, or offer for
sale, any specimen of the following species:
Aetobatus narinari (spotted eagle ray),
Carcharhinus amblyrhynchos (gray reef
shark), Carcharhinus melanopterus (blacktip
reef shark), Cassis cornuta (horned helmet),
Charonia tritonis (Triton's trumpet),
Dasyatis hawaiiensis (Hawaiian stingray),
Dasyatis lata (broad stingray),
Pteroplatytrygon violacea (pelagic
stingray), Galeocerdo cuvier (tiger shark),
Rhincodon typus (whale shark), or Triaenodon
obesus (whitetip reef shark);
(2) Possess more than five Zebrasoma flavescens
(yellow tang) larger than 4.5 inches in
total length, or possess more than five
Zebrasoma flavescens smaller than two inches
in total length;
(3) Possess aquarium collecting gear, or take or
possess any specimen of aquatic life for
aquarium purposes:
(A) Between sunset and sunrise, provided
that collecting gear or collected
aquatic life may be possessed after
sunset or before sunrise if
notification by phone is made to the
60.4-10
§ 13 - 6 0 . 4 - 5
Division of Aquatic Resources West
Hawaii (DAR-Kona) office prior to
sunset. The notification shall include
the names of individuals who plan to
possess the gear or aquatic life and
the location where the possession will
take place;
(B) Without holding a valid West Hawaii
aquarium permit issued pursuant to
section 13-60.4-7(a);
(C) In violation of the terms and
conditions of a West Hawaii aquarium
permit issued to that person; or
(D) While occupying any vessel that does
not conform to the registration and
marking requirements of section 13-
60.4-7(d);
(4) Possess or use any net or container employed
underwater to capture or hold aquatic life
alive for aquarium purposes, that is not
labeled with the commercial marine license
number or numbers of the person or persons
owning, possessing or using the equipment;
(5) Possess a lay net or engage in lay net
fishing in violation of the requirements of
section 13-60.4-6; or
(6) Engage in or attempt to engage in SCUBA
spearfishing, possess both SCUBA gear and a
spear at the same time, or possess SCUBA
gear and any specimen of speared aquatic
life at the same time. [Eff 12/26/13; comp
] (Ruth: HRS §§187A-5, 188-
53, 188F-6) (Imp: HRS §§187A-5, 188-53,
188F-3)
§13-60.4-5 Activities prohibited within selected
areas. (a) No person may engage in fish feeding
while within any of the marine reserves, fish
replenishment areas, or netting restricted areas
described in section 13-60.4-2(b) or any of the other
areas listed in section 13-60.4-2(c).
60.4-11
§ 13 - 6 0 . 4 - 5
(b) While within the fish replenishment areas
described in section 13-60.4-2(b)(2) to (10), or while
within any of the areas listed in section 13-60.4-2(c)
other than the Kiholo Bay fisheries management area,
no person may:
(1) Collect aquatic life for aquarium purposes;
or
(2) Possess any aquarium collecting gear, or
take or possess any specimen of aquatic life
for aquarium purposes, except that aquarium
collecting gear or aquatic life collected
for aquarium purposes may be possessed while
onboard a vessel in active transit through
the areas, provided that no collecting gear
is in the water during the transit. Boats
that are adrift, anchored, or moored are not
considered to be in active transit.
(c) No person may lay net fish while within the
following areas, as described in section 13-60.4-2(b)
and in the tables located at the end of this chapter
entitled "Table of Reference Coordinates to Marine
Reserve and Fish Replenishment Area Boundaries", dated
12/12/12, and "Table of Reference Coordinates to
Netting Restricted Area Boundaries", dated 12/12/12:
(1) Puakb-'Anaeho'omalu fish replenishment area;
(2) Kikaua Point-Makole'a netting restricted
area (Kekaha Kai State Park);
(3) Nenue Point(Red Hill fish replenishment
area)-Kealakekua Bay netting restricted
area;
(4) Hanamalo Point-Kanewa'a Point netting
restricted area;
(5) Kanonohe-Kalipoa netting restricted area;
and
(6) Kaloko-Honok6hau fish replenishment area,
except that a person may lay net fish in the
Kaloko-Honok6hau fish replenishment area
using only a locally -constructed, handmade
lay net of natural fibers, that is
[L-eglst-ei-e6 anEi] used in compliance with
section 13-60.4-6.
(d) Except as provided in subsection (e), and
60.4-12
§13-60.4-5
subject to all other applicable laws, while within the
Ka'QpQlehu marine reserve no person may:
(1) Take or attempt to take any specimen of
aquatic life, provided that the following
species may be taken by hook -and -line
seaward of the twenty fathom (120 feet)
depth contour: Pristipomoides filamentosus
(',5pakapaka), Pristipomoides sieboldii
(kalekale), Aphareus rutilans (lehi),
Pristipomoides zonatus (gindai), Etelis
coruscans (onaga), Etelis carbunculus (ehu),
Epinephelus quernus (hapu'upulu), Aprion
virescens (uku), Lutjanus kasmira (ta'ape),
Cephalopholis argus (roi), Lutjanus fulvus
(toau), Iniistius pavo (nabeta), Katsuwonus
pelamis (aku), Thunnus spp. (ahi and tomboy,
Family Istiophoridae (alu), Acanthoc'ybium
solandri (ono), Coryphaena spp. (mahimahi);
and provided further that Ranina ranina
(kona crab) may be taken by kona crab nets
only, while seaward of the twenty fathom
(120 feet) depth contour;
(2) Possess any specimen of marine life other
than the species listed in subsection (d)(1)
above,
(3) Possess or use any fishing gear other than
hook -and -line or kona crab nets or both; or
(4) Deploy any fishing gear (including hook -and -
line or kona crab nets) shoreward of the
twenty fathom (120 feet) depth contour.
(e) The department may issue permits in
accordance with sections 187A-6 and 188-53, Hawaii
Revised Statutes, for the take of non-native or
invasive species of fish and invasive algae from the
Ka'UpQlehu Marine Reserve.
(f) Subsections (d) and (e) of this section
shall be effective until June 30, 2026, or until the
effective date of rules implementing a comprehensive
fisheries management plan as developed by the
department in consultation with the Ka'QpQlehu
community and other interested parties, whichever
occurs later. [Eff 12/26/13; am 7/29/16; am and comp
60.4-13
§13-60.4-5
] (Auth: HRS §§187A-5, 188-53, 188F-6,
190-3) (Imp: HRS §§187A-5, 188-53, 188F-6, 190-3)
§13-60.4-6 Lay net (regi-L-s-tien] permit and use
requirements. (a) It is unlawful for any person
within the West Hawaii regional fishery management
area to:
(1) Possess or use a lay net [that has net been
r-ee-i e t-erred with the —depaL=t-f�;- ] without
first obtaining a lay net permit pursuant to
section 13-75-12.4;
(2) Possess or use more than one lay net;
(3) Possess or use a lay net:
(A) Longer than one hundred twenty-five
feet in length or more than seven feet
in stretched height;
(B) With less than two and three -fourths
inches stretched mesh; and in Kailua
Bay fisheries management area, with
less than three inches stretched mesh;
or
(C) With two or more joined lay nets with a
combined total length of more than two
hundred fifty feet;
(4) Possess or use a multi -panel lay net; or
(5) Possess or use a lay net that does not have
at least four identification tags as
specified [eiz pEevi6eEi] by the department.
Each identification tag must legibly display
the lay net permit number of the person
possessing or using the net. One
identification tag must be attached at each
end of both the net float line and the net
lead line for a total of four attachment
points on each lay net.
(b) It is unlawful for any person lay net
fishing to:
(1) Use a lay net that is not marked by buoys as
specified [ei-pel] by the department.
The buoys shall legibly display the lay net
[ ] permit number [-r] of the
60.4-14
§13-60.4-6
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 one thousand two
hundred feet of any other lay net; provided
that two or more individuals working
together and using the lay net fishing
method may use a joined net;
(3) Use a lay net in water that is more than
eighty feet in depth;
(4) Use a lay net for more than four hours
during any one set; provided that [a-f:6efenew
withintwenty€-ems rr heiaics—a €-fie E
] the same
person shall not set any other lay net
within [tha4�] twenty-four [ ]
hours after the ending of the set;
(5) Leave a lay net unattended for [muN�n
ene half ` hero] 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 coral to break from its attachment to
the bottom or to break into smaller pieces.
Any 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; or
(8) Discard, abandon, or leave any lay net, or
portion thereof, in the water for longer
than four hours.
(c) It is unlawful for any person to falsely
60.4-15
§13-60.4-6
identify[, w-i�c-h !Eient-�fieatlems- 4-ag-s—,] any lay net
[that is ne4Eeg i s-t-e i= e d r- —�=e eie pa E:6—n-t- as
]_
(d) Persons using a vessel or float may use a
total maximum of two hundred fifty feet of lay net,
provided that at least two persons are present and
associated with the same vessel or float.
[ -(-e+
4c#e-19e s stems-i e n e f the —Ee Ej i ee==e E e 6 ewneiz, }'i n the
Eegist-eEed ewneE shall b—Lespensible—€ei4Ise—lay net
until a femme i4= is giled anei n, ffi
deport ]
[+f+](e) Any lay net within the West Hawai'i
regional fishery management area that [
94ce e~' f] does not have proper identification
tags[,,—] or surface buoys, as required in [subsection]
subsections [(a)(-'n an] (a) (5) [; ] and (b) (1), shall
be subject to immediate seizure according to section
199-7, HRS, and subject to forfeiture by the
department under [piceeedai=ess—sip-lai t-e eliap ei- 712P.
Hawaii Revised S-t-a-'- -] section 13-60.4-8.5.
[4-pj+] (f) This section shall not apply to panel
mesh nets with a stretched mesh size of less than two
and three -fourths inches that are marked with
commercial marine license numbers as required under
section 13-60.4-4(4), and permitted for use and
possession under an aquarium permit and a West Hawai'i
aquarium permit issued under section 13-60.4-7(a).
[Eff 12/26/13; am and comp ] (Auth:
HRS §§187A-5, 188-53, 188F-6) (Imp: HRS §§187A-5,
188-53, 188F-6, 199-7, 712A-6)
§13-60.4-7 Aquarium collecting permit and vessel
registration requirements. (a) West Hawaii aquarium
permit. The department may issue West Hawai'i
aquarium permits authorizing persons to engage in
aquarium collecting activities for species listed in
subsection (b) and to use fine meshed traps and nets
(other than throw nets) to collect those species in
60.4-16
§ 13 - 6 0 . 4 - 7
the West Hawai'i regional fishery management area,
notwithstanding section 13-75-14, subject to terms and
conditions the department deems necessary for the
management of the area and its resources. No person,
unless exempted from provisions of this chapter by the
issuance and possession of a valid special activity
permit under section 187A-6, Hawaii Revised Statutes,
shall engage in aquarium collecting activities within
the West Hawai'i regional fishery management area
without first having been issued and possessing a West
Hawai'i aquarium permit in addition to a valid State
of Hawai'i aquarium fish permit. Permits shall be
valid for one year from the date of issuance unless
revoked sooner, and are non -transferable. In addition
to applying any other penalties provided by law, the
department may revoke any West Hawaii aquarium permit
for any infraction of these rules or the terms and
conditions of the permit, and any person whose permit
has been revoked shall not be eligible to apply for
another West Hawai'i aquarium permit until the
expiration of one year from the date of revocation.
(b) Aquarium species white list. In addition to
other regulations deemed necessary for the management
of the West Hawai'i regional fishery management area,
an aquarium permit holder may only take or possess
specimens of the following species of fish for
aquarium purposes while within the West Hawaii
regional fishery management area: Acanthurus achilles
(Achilles tang), Acanthurus dussumieri (eyestripe
surgeonfish), Acanthurus nigricans (goldrim
surgeonfish), Acanthurus nigrofuscus (brown
surgeonfish), Acanthurus olivaceus (orangeband
surgeonfish), Acanthurus thompsoni (Thompson's
surgeonfish), Anampses chrysocephalus (psychedelic
wrasse), Canthigaster jactator (whitespotted Toby),
Centropyge fishery (Fisher's angelfish), Centropyge
potteri (Potter's angelfish), Cephalopholis argus
(peacock grouper), Chaetodon k1einii (blacklip
butterflyfish), Chaetodon miliaris (milletseed
butterflyfish), Chaetodon multicinctus (multiband
butterflyfish), Chaetodon quadrimaculatus (fourspot
butterflyfish), Chaetodon tinkeri (Tinker's
60.4-17
§ 13 - 6 0 . 4 - 7
butterflyfish), Cirrhilabrus jordani (flame wrasse),
Cirrhitops fasciatus (redbarred hawkfish), Coris
gaimard (yellowtail Coris), Ctenochaetus hawaiiensis
(chevron tang), Ctenochaetus strigosus (goldring
surgeonfish, kole), Dascyllus albisella (Hawaiian
Dascyllus), Forcipiger flavissimus (forcepsfish),
Gomphosus varies (bird wrasse), Halichoeres
ornatissimus (ornate wrasse), Hemitaurichthys
polylepis (pyramid butterflyfish), Lutjanus kasmira
(bluestripe snapper), Macropharyngodon geoffroy
(shortnose wrasse), Melichthys niger (black Durgon),
Naso lituratus (orangespine unicornfish), Ostracion
meleagris (spotted boxfish), Paracirrhites forsteri
(blackside hawkfish), Pseudanthias hawaiiensis
(Hawaiian longfin Anthias), Pseudocheilinus octotaenia
(eightline wrasse), Pseudocheilinus tetrataenia
(fourline wrasse), Pseudojuloides cerasinus (smalltail
wrasse), Sufflamen bursa (lei. triggerfish), Thalassorna
duperrey (saddle wrasse), Xanthichthys au.romarginatus
(gilded triggerfish), and Zebrasoma flavescens (yellow
tang); provided further that:
(1) No Zebrasoma flavescens (yellow tang) may be
taken or possessed in violation of section
13-60.4-4(2);
(2) No more than five Ctenochaetus strigosus
(goldring surgeonfish or kole) larger than
four inches in total length may be taken per
day or possessed at any time; and
(3) No more than ten Acanthurus achilles
(Achilles tang) may be taken per day, or
possessed at any time.
(c) Aquarium collecting vessel registration and
marking requirements. All aquarium collecting vessels
shall:
(1) Be registered every year with the Division
of Aquatic Resources West Hawaii (DAR-Kona)
office to take aquatic life for aquarium
purposes within the West Hawaii regional
fishery management area. Each registration
shall be valid for one year from the date of
registration. The current vessel
identification number issued by either the
1101OHNUO"
§ 13 - 6 0 . 4 - 7
department or the United States Coast Guard
shall serve as the registration number for
each vessel;
(2) Clearly display the capital letters "AQ"
permanently affixed to both sides of the
vessel, either near the top of the gunwales
or on the superstructure. Unless otherwise
specified, the "AQ" letters shall be no less
than six inches high and three inches wide
in either black or a color that contrasts
with the background;
(3) Fly a "stiffened" flag or pennant from the
vessel with the letter "A" as specified by
the department. The flag or pennant shall
be provided at cost to aquarium permittees
as specified by the department. The flag or
pennant shall be displayed and clearly
visible from both sides of the vessel at all
times while aquarium collecting gear or
collected aquarium marine life or both are
onboard;
(4) Display a dive flag at all times when divers
are in the water; and
(5) In the event an aquarium collecting vessel
becomes inoperable, the operator of the
vessel shall immediately notify the
department's division of conservation and
resources enforcement or United States Coast
Guard or both by VHF radio or by cellular
phone or both.
(d) Control date. A control date was
established in August 1, 2005 to possibly limit
participation in the West Hawai'i regional fishery
management area commercial aquarium fishery. Persons
who begin fishing in the West Hawai'i regional fishery
management area commercial aquarium fishery on or
after the control date will not be assured continued
participation if the department establishes an
aquarium limited entry program in the future.
(e) Nothing in this chapter shall prevent the
department from establishing another control date.
[Eff 12/26/13; comp ] (Auth: HRS
101 on N EA I MWO
§ 13 - 6 0 . 4 - 7
§§187A-5, 188-53, 188F-6) (Imp: HRS §§187A-5, 188-53,
188F-3)
§13-60.4-8 Penalty. (a) Any person violating
any provision of this chapter[T] or [any teEfa ef
eenEiit-ief+] the terms and conditions of any permit
issued [ ] as provided by this chapter,
shall be subject to [the pEevislens ef see�iens !8qA
12.5 an el 188 qQ, Hawa�i Revue seEi 94ca4cu4ces, ef aS FRay
e4=heEwise pfevided i3y law..] :
(1) Administrative penalties as provided by
section 187A-12.5, HRS;
(2) Criminal penalties as provided by sections
187A-13 and 188-70, HRS; and
(3) Any other penaltyasprovided 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 12/26/13; am and comp
(Auth: HRS §§187A-5, 188-53, 188F-6) (Imp: HRS
f;§187A-12.5, 188-53, 188-70)
§13-60.4-8.5 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 permit issued as provided by this chapter, may
be seized and subject to forfeiture as Drovided by
section 199-7 and chapter 712A, HRS. [Eff and comp
] (Auth: HRS �188-53) (Imp: HRS §199-
7, ch. 712A)
§13-60.4-9 Severability. If any provision of
this chapter, or the application thereof, to any
person or circumstance is held invalid, the invalidity
shall 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
101411LA
§ 13 - 6 0 . 4 - 9
provisions of this chapter are severable." [Eff
12/26/13; comp ] (Auth: HRS §§187A-5,
188-53, 188F-6) (Imp: HRS §§1-23, 187A-5, 188-53,
188F-6)
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
13-60.4, Hawaii Administrative Rules, shall take
effect ten days after filing with the Office of the
Lieutenant Governor.
I certify that the foregoing are copies of the
rules, drafted in the Ramseyer format, pursuant to the
requirements of section 91-4.1, Hawaii Revised
Statutes, which were adopted on
and filed with the Office of the Lieutenant Governor.
SUZANNE D. CASE
Chairperson, Board of Land
and Natural Resources
APPROVED FOR PUBLIC HEARING:
A
ep Y'A"I-torney neral
Me WEEW
Chapter 13-60.4
Map of Marine Reserve, Fish Replenishment Area, and
Netting Restricted Area Boundaries* (12/12/12)
Marine Reserves and
Fish Replenishment Areas Netting Restricted Areas
N
North Kohala
Puak- C, -*A na cho'm i ia lu
fPl
11
Kaloko-
1IoiwU',haU
K.uhm-Kc,uliwi
Karl [11H
rt
ti
Hook"Ila
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P th I nae o cynia u
ff Kikaiw Point - %Ukolul
K k k, k o I lo n o L 6 h;o t j
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Ke,dAckiij Bad
Kanoa'j Pi
K wo,whe - K.ihpoa
3
*Maps and tables do not reflect regulated areas and
their specific prohibitions (including gear
restrictions) that are defined in other chapters, as
described in section 13-60.4-5(c)
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