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2021 Hawaii Revised Statutes
Title 12. Conservation and Resources
188. Fishing Rights and Regulations
PART I. FISHING RIGHTS--REPEALED
PART II. FISHING REGULATIONS, GENERALLY
- 188-21, 22 REPEALED.
- 188-22.5 State marine waters. 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. [L 1990, c 126, §2]
- 188-22.6 Designation of community-based subsistence fishing area. (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 exercised for purposes of native Hawaiian subsistence, culture, and religion. (b) Proposals may be submitted to the department of land and natural resources for the department's consideration. The proposal shall include: (1) The name of the organization or group submitting the proposal; (2) The charter of the organization or group; (3) A list of the members of the organization or group; (4) A description of the location and boundaries of the marine waters and submerged lands proposed for designation; (5) Justification for the proposed designation including the extent to which the proposed activities in the fishing area may interfere with the use of the marine waters for navigation, fishing, and public recreation; and (6) A management plan containing a description of the specific activities to be conducted in the fishing area, evaluation and monitoring processes, methods of funding and enforcement, and other information necessary to advance the proposal. Proposals shall meet community-based subsistence needs and judicious fishery conservation and management practices. (c) For the purposes of this section: (1) "Native Hawaiian" means any descendant of the races inhabiting the Hawaiian Islands prior to 1778; and (2) "Subsistence" means the customary and traditional native Hawaiian uses of renewable ocean resources for direct personal or family consumption or sharing. [L 1994, c 271, §1] Law Journals and Reviews Propagating Cultural KÄ«puka: The Obstacles and Opportunities of Establishing a Community-Based Subsistence Fishing Area. 31 UH L. Rev. 193. Method is Irrelevant: Allowing Native Hawaiian Traditional and
- 188-22.7 Miloli`i fisheries management area.
- 188-22.8 Limu management area.
- 188-22.9 Ha`ena community-based subsistence fishing area; restrictions; regulations.
- 188-23 Possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited; exception.
- 188-24 REPEALED.
- 188-25 REPEALED.
- 188-26, 27 REPEALED.
- 188-28 REPEALED.
- 188-28.5 to 30.5 REPEALED.
- 188-31 Permits to take aquatic life for aquarium purposes.
- 188-31.5 Aquarium fish for export; monthly count.
- 188-32, 33 REPEALED.
- 188-34 Fishing in Honolulu harbor, Hilo harbor, restricted.
- 188-35 Fishing in certain waters.
- 188-36 Hawaii marine laboratory refuge.
- 188-37 Fishing in the Northwestern Hawaiian Islands.
- 188-38, 39 REPEALED.
- 188-39.5 Rays; hÄ«hÄ«manu; hÄhÄlua; hailepo; lupe; prohibitions, penalties, and fines.
- 188-40 REPEALED.
- 188-40.5 REPEALED.
- 188-40.6 Shark feeding; prohibitions; exceptions; penalties.
- 188-40.7 Shark fins; prohibited.
- 188-40.8 Sharks; mano; prohibitions; exceptions; penalties and fines.
- 188-41 REPEALED.
- 188-42 REPEALED.
- 188-42.5 Hihiwai, hapawai, and opae kala ole selling prohibited. 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. [L 1993, c 48, §1]
- 188-43 Hinana and oopu, taking of, prohibited.
- 188-44 Licenses for mullet.
- 188-45 Licenses for nehu, iao, and other baitfish.
- 188-46 REPEALED.
- 188-47 to 49 REPEALED.
- 188-50 License; application; fees; restrictions.
- 188-51, 52 REPEALED.
- 188-52.5 REPEALED.
- 188-53 Fishing reserves, refuges, and public fishing areas.
- 188-54, 54.1, 54.2, 55, and 56 REPEALED.
- 188-57 Licenses for certain crustaceans.
- 188-58 REPEALED.
- 188-58.5 REPEALED.
- 188-59 to 67 REPEALED.
- 188-68 Permits for coral and rock with marine life attached.
- 188-70 Penalties.
- 188-71 Harassment of fishermen; prohibition.
- 188-72 Nonresident recreational marine fishing license; application; fees; restrictions.
Cross References
Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.
Taking a monk seal prohibited, see 195D-4.5.
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