Hawaii · statute · Haw. Rev. Stat. ch. 188 · 28 active provisions
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.
(a) The department of land and natural resources may designate community-based subsistence fishing areas and carry out fishery management strategies for such areas, through administrative rules adopted pursuant to chapter 91, for the purpose of reaffirming and protecting fishing practices customarily and traditionally…
The Miloli`i fisheries management area, as defined in the administrative rules of the department of land and natural resources, shall be designated a community-based subsistence fishing area, as provided in section 188-22.6. The department of land and natural resources shall adopt management strategies and other rules…
(a) There is established a limu management area from the shoreline and extending one hundred fifty feet seaward in Ewa beach from the gunnery range to the boat ramp on Muumuu street. (b) No person, including a person with a commercial fishing license, shall pick, gather, harvest, or otherwise take limu from within the…
(a) There is designated the Ha`ena community-based subsistence fishing area on the northwestern coast of Kauai, which shall consist of all state waters and submerged lands bounded by: (1) The shoreline of the Ha`ena district; (2) A line that follows an imaginary extension of the boundary between Hae`na state park and N…
(a) It is unlawful to possess or use on, in, or near state waters, any explosives, electrofishing devices, or any source of electrical 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 obtai…
(a) It is unlawful to possess or use on, in, or near state marine waters, any unmanned aerial vehicles, for the purpose of taking aquatic life, except under the terms and conditions of a permit first obtained by the user from the department of land and natural resources; provided that unmanned aerial vehicles may be us…
(a) Except as prohibited by law, the department, upon receipt of a written application, may issue an aquarium fish permit, not longer than one year in duration, to use fine meshed traps, or fine meshed nets other than throw nets, for the taking of marine or freshwater nongame fish and other aquatic life for aquarium pu…
The department of land and natural resources shall adopt rules in accordance with chapter 91 to monitor the aquarium fish catch report and fish dealer's report for export of aquarium fish taken from the waters of the State for aquarium purposes pursuant to section 188-31. A monthly count of the quantities taken of each…
(a) It is unlawful to take or kill fish by means of any draw, drag, or seine net in the waters of the harbor of Honolulu; provided that commercial marine licensees as defined in chapter 187A may take bait fish by means of any draw, drag, or seine net during periods scheduled by the harbor master. (b) It is unlawful to…
(a) Except as otherwise provided in this section, it is unlawful for any person to fish in or take aquatic life from the waters: (1) Of the Waikiki reclamation canal, Oahu; (2) Of the drainage canal constructed in connection with Kapiolani Boulevard, Oahu; (3) Of the Kapalama drainage canal, Oahu; (4) Off Heeia-Kea wha…
It is unlawful for any person within the Hawaii marine laboratory refuge to take any aquatic life. Nothing in this section shall apply to any officer, faculty member, employee, or student of the University of Hawaii or licensee of the board of regents of the University of Hawaii, while employed in catching or taking aq…
(a) The department of land and natural resources may adopt rules relating to the taking of marine life in the Northwestern Hawaiian Islands, where, in the judgment of the department the action will not deplete the stocks of marine life in the area; the rules may include open and closed seasons, size limits, methods and…
(a) Except as provided in subsection (e), no person shall knowingly capture, take, possess, abuse, or entangle a ray, whether alive or dead, or kill any ray, within state marine waters. (b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor and shall be fined…
(a) Except as provided in subsection (b), or as otherwise provided by law, it shall be unlawful for any person to conduct any activity related to the feeding of sharks in state marine waters. (b) Persons may engage in the feeding of sharks for traditional Hawaiian cultural or religious practices; provided that the feed…
(a) It shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute shark fins. (b) Notwithstanding subsection (a), any person who holds a license or permit issued by the department of land and natural resources to conduct research or for educational purposes possesses, sells, offers for sale…
(a) Except as provided in subsection (f), or as otherwise provided by law, no person shall intentionally or knowingly capture or entangle any shark, whether alive or dead, or kill any shark, within state marine waters. (b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of…
It shall be unlawful for any person at any time to sell or offer for sale any hihiwai, hapawai, and opae kala`ole taken from any of the waters within the jurisdiction of the State.
It is unlawful for any person to fish for, or attempt to take any of the fish known as hinana or oopu, by means of traps or weirs.
(a) The department may issue a license to any owner or operator of a fishpond to lawfully catch the young mullet known as pua during the closed season, for the purpose of stocking the owner's or operator's pond, and lawfully sell pond raised mullet during the closed season. (b) The department may adopt rules pursuant t…
The department may issue to commercial marine licensees, as defined in chapter 187A, licenses to take nehu, iao, or any other species for use as bait only. The department may adopt rules pursuant to chapter 91 for the purposes of this section. The licenses may be issued by the department upon terms and conditions the d…
(a) It is unlawful for any person, except children below nine years of age, to fish, take, or catch any introduced freshwater game fish without first obtaining a license. Children exempt by this section may fish, provided they are accompanied by a licensed person. The department of land and natural resources may adopt…
(a) For the purposes of managing, preserving, protecting, conserving, and propagating introduced freshwater fishes, and other freshwater or marine life, the department of land and natural resources may establish, maintain, manage, and operate freshwater or marine fishing reserves, refuges, and public fishing areas in a…
(a) Any commercial marine dealer may sell, or any hotel, restaurant, or other public eating house may serve, during the closed season, Kona crabs or lobsters lawfully caught during the open season by first procuring a license to do so. (b) The department may adopt rules pursuant to chapter 91 necessary for the purpose…
The department may issue permits, as authorized by this section, section 187A-6, chapter 183C, or under rules adopted pursuant to chapter 91 necessary for collecting live stony corals or marine life visibly attached to rocks placed in the water for a commercial purpose.