Hawaii · statute · Haw. Rev. Stat. ch. 187A · 30 active provisions
As used in this subtitle, unless the context indicates otherwise: "Aquaculture" means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes. "Aquatic life" means any type or species of mammal, fish,…
As used in this chapter, state marine waters shall be defined as 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, including the United States territorial sea, notwithstanding any law to the contrary.
This subtitle and any rules under this subtitle relating to fishing which are applicable to state marine waters shall also apply to the following persons in waters outside state marine waters but within the federal conservation zone: (1) Residents of the State; (2) Any commercial marine licensee; and (3) Any permittee…
The department shall: (1) Manage and administer the aquatic life and aquatic resources of the State; (2) Establish and maintain aquatic life propagating station or stations; (3) Establish, manage, and regulate public fishing areas, artificial reefs, fish aggregating devices, marine life conservation districts, shorelin…
(a) Notwithstanding the provisions in subtitle 5 of title 12, or administrative rules adopted thereunder, the department may issue to any qualified aquaculturist a license to fish, possess, rear, and sell any aquatic life whose fishing, possession or sale is prohibited by closed season, minimum size, or bag limit; prov…
The board shall appoint an administrator of aquatic resources who shall have charge, direction, and control of all matters relating to aquatic resources management, conservation, and development activities under this title, and such other matters as the board may direct. The administrator shall be trained and educated…
(a) Subject to chapter 91, the department shall adopt, amend, and repeal rules for and concerning the protection and propagation of introduced and transplanted aquatic life or the conservation and allocation of the natural supply of aquatic life in any area. The rules may include but are not limited to the following: (…
(a) The department shall adopt administrative rules pursuant to chapter 91 for fisheries located in both state and federal waters, that are equivalent to and consistent with federal fisheries regulations for the same waters, to create uniform, complementary, and comprehensive management measures to improve efficiencies…
(a) Notwithstanding the provisions of any other law, the department may take aquatic life or possess or use any fishing gear for scientific, educational, management, or propagation purposes, for removal of aquatic species, or for implementing the powers and duties as described by section 187A-2; subject to chapter 195D…
(a) No person shall release any live non-native fish or other live non-native aquatic life being held in an aquarium or other confinement for scientific study, exhibition, display, sale, or for any other purpose, into any waters of the State, except as provided in section 187A-2(4). (b) The department or its agents may…
(a) The department may expend all appropriations made for the purpose of effectuating the objects of title 12. (b) To further the purposes of title 12, the department may: (1) Use lands set apart for the department's use by the governor; and (2) Accept gifts and contributions or enter into contracts. Gifts and contribu…
The department shall endeavor to secure the cooperation and assistance of and shall cooperate with the appropriate agency of the United States or other governmental authorities having an interest in the subject matter of title 12, in every way possible, for the promotion of the purposes of title 12. More specifically,…
The State hereby assents to the provisions of the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act (64 Stat. 430, 16 U.S.C. §777), as amended. The department shall perform those acts as may be necessary to the conduct and establishment of cooperative aquatic life restoration, management, develo…
(a) There is established in the department a sport fish special fund. (b) The following proceeds shall be retained by or transmitted to the department for deposit into the sport fish special fund: (1) Moneys collected as fees for sport fishing licenses and permits, attendance of aquatic resources education programs, us…
(a) The department may designate agents to sell fishing licenses in accordance with this section. Agents shall report all sales of licenses to the department monthly and not later than the fifteenth day of the month following the month covered by the report. Wilful failure to make a report shall be cause for cancellati…
The University of Hawaii shall have the privilege, free of charge, of using the land, buildings, apparatus, and appliances of the department for the purposes of a biological laboratory and for research and investigation in connection therewith, so far as the same can be done without material interference with the use o…
Any person who knowingly misrepresents any material fact or makes a false statement in any document required by subtitle 5 of title 12, or any rule adopted thereunder, shall be guilty of a petty misdemeanor and punished as provided by law.
(a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs, or payment for…
(a) Any person violating this chapter or any rule adopted thereunder for which a penalty is not otherwise provided, shall be guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than: (1) $250 for a first offense; (2) $500 for a second offense; and (3) $1,000 for a third or sub…
One-half of the fine imposed and collected in all cases wherein the defendant has been convicted for a violation of subtitle 5 of title 12 or any rule adopted thereunder shall be paid to the person giving the information leading to the arrest of the person so convicted; provided that this section shall not apply if the…
Any agent of the department upon whom the board has conferred powers of police officers or any other enforcement officer of the State shall have the authority to conduct examinations and searches of: (1) The contents of any bag or container of any kind used to carry aquatic life; or (2) Any vehicle or conveyance used t…
Except as otherwise provided by law, all fishing grounds appertaining to any government land or otherwise belonging to the government, except ponds, shall be and are forever granted to the people, for the free and equal use by all persons; provided that for the protection of these fishing grounds, the department may ma…
No person who has bought any government land, or obtains the land by lease or other title, has or shall have greater right than any other person over any fishing ground not included in the title, although adjacent to the land.
(a) The fishing grounds from the reefs, and where there happens to be no reefs, from the distance of one geographical mile seaward of the beach at low watermark, in law, shall be considered the private fishery of the konohiki, whose lands by ancient regulations, belong to the same. These vested fishing rights for the p…
For the purposes of this part, "high risk vessel" includes fishing and recreational vessels and floating structures, such as barges, dry docks, drilling rigs, and cranes, which have spent extended periods of time tied up in out-of-state ports.