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2023 Hawaii Revised Statutes
Title 12. Conservation and Resources
189. Commercial Fishing
PART I. LICENSE AND REGULATION
RENOVATION, MAINTENANCE, AND REPAIR LOAN PROGRAM PART III. FISHERMAN TRAINING PART IV. HAWAII SMALL FISHING VESSEL LOAN PROGRAM
- 189-1 REPEALED.
- 189-1.5 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, §3]
- 189-2 Commercial marine license and commercial marine vessel license.
- 189-2.4 Commercial fisheries special fund.
- 189-2.5 Longline fishing; description; prohibition. (a) For the purpose of this section, longline fishing means fishing conducted with gear consisting of at least one mainline over one nautical mile in length, to which is attached a number of branchlines with baited hooks and which is suspended below the surface of the ocean by floatlines attached to surface floats. (b) It is unlawful to engage in longline fishing or to sell or offer for sale, any marine life taken with longline fishing gear within the boundaries of the State's territorial sea. (c) Pursuant to and in cooperation with the joint federal-state Western Pacific Regional Fishery Management Council (WPRFMC also known as WESPAC), of which Hawaii is a member, the State adopts and incorporates by reference the rules adopted by the Western Pacific Regional Fishery Management Council through the National Oceanic and Atmospheric Administration (NOAA) for the management and regulation of longline fishing activities. (1) Accordingly, it is unlawful for any person to possess, land, sell, or offer for sale any marine life taken by longline fishing gear which is prohibited by or in violation of rules properly adopted by the Western Pacific Regional Fishery Management Council through the National Oceanic and Atmospheric Administration, which by incorporation and acceptance are also the law of Hawaii. (2) Any person or any fishing vessel fishing with gear of at least one mainline over one nautical mile in length within the area prohibited by rules properly adopted by the Western Pacific Regional Fishery Management Council through the National Oceanic and Atmospheric Administration and incorporated by the State shall be in violation of this section. (d) The State shall have authority to enforce this section and the rules adopted by the Western Pacific Regional Fishery Management Council through the National Oceanic and Atmospheric Administration and incorporated by reference into state law within: (1) The State's marine waters as defined in section 189-1.5; and (2) Those are
- 189-3 Monthly catch report.
- 189-3.5 Catch report; shared jurisdiction of fisheries.
- 189-4 Penalties.
- 189-5 Aliens not admitted to United States.
- 189-6 Licenses for marine life from waters not within state jurisdiction.
- 189-7 to 189-9 REPEALED.
- 189-10 Commercial marine dealers.
- 189-11 Receipts in duplicate.
- 189-12 REPEALED.
- 189-13 REPEALED.
- 189-14 Rights of entry, penalties.
- 189-15 Authority.
- 189-16 REPEALED.
RENOVATION, MAINTENANCE, AND REPAIR LOAN PROGRAM PART III. FISHERMAN TRAINING PART IV. HAWAII SMALL FISHING VESSEL LOAN PROGRAM
Cross References
Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.
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