Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 4 - FISHERIES
Part II - MARINE FISHERIES MANAGEMENT AREAS
Chapter 60.11 - KIPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI
Section 13-60.11-2 - Definitions
As used in this chapter, unless otherwise provided:
"Akule" means any fish known as Selar crumenophthalmus or other recognized synonyms. Akule are also known as pa'a'a, halalu, hahalalu, goggle-eyed scad, or big-eyed scad.
"Area" means the Kipahulu Community-Based Subsistence Fishing Area, Maui (Kipahulu CBSFA) as encompassed within the boundaries described in section 13-60.11-3(a).
"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, roots, products, and other parts thereof.
"Bag net" means a type of fishing net made into the shape of a pocket or pouch with an open end held open in the water with the aid of a net float line that supports the top edge of the net up towards the ocean surface and parallel to a net lead line that keeps the lower edge of the net down on the ocean bottom. The bag net is usually made of heavy gauge line to make the net visible and made of small mesh to prevent the fish from passing through the mesh.
"Community" means a hoa'aina relationship to place as demonstrably indicated through genealogy, practice, or residency.
"Department" means the Department of Land and Natural Resources.
"Diving" means any activity conducted in the water involving the use of an underwater breathing apparatus or a mask, goggles, or any other device that assists a person to see underwater while the person's face is submerged. Diving includes both extractive and non-extractive activities, such as SCUBA diving, free diving, and snorkeling.
"Double hook" means a hook having two points on a common shank.
"Finfish" means any of the various species of marine life that uses fins to swim, not including invertebrates, marine mammals, or sea turtles.
"Fish" means any species of marine life with a backbone, gills, and with limbs that are fins, if any.
"Fishing" or "to fish" means catching, taking, or harvesting, or attempting to catch, take, or harvest, aquatic life. The use of a pole, line, hook, net, trap, spear, or other gear which is designed to catch, take, or harvest aquatic life, by any person who is in the water, or in a vessel on the water, or on or about the shore where aquatic life can be caught, taken, or harvested, shall be deemed to be fishing.
"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.
"Fishing lure" means any device, including a fishing fly, which is designed to attract fish and which incorporates a fishing hook.
"Gill net" means a panel or curtain of net made of various materials, that is suspended vertically in the water with the aid of a net float line that supports the top edge of the net up towards the ocean surface and parallel to a net lead line that keeps the lower edge of the net down towards the ocean bottom. The gill net is usually made of transparent or semitransparent materials to make the net seem invisible underwater, with mesh openings generally large enough to permit the heads of fish to pass through, ensnaring them around the gills, fins, spines, or mid-section when they attempt to escape.
"Hoa'aina" means ahupua'a tenant.
"Holdfast" means a stalked organ by which limu is attached to a substrate.
"Introduced species" means any species that did not occur naturally in Hawai'i prior to introduction caused by human activity. Introduced species are also referred to as non-native species, alien species, or exotic species.
"Invasive species" means an introduced species of marine life that causes or is likely to cause economic or environmental harm or harm to human health.
"Kala" means any fish known as Naso unicornis, Naso brevirostris, Naso annulatus, or any recognized synonym. Kala are also known as bluespine unicornfish, short-nosed unicornfish, spotted unicornfish, or whitemargin unicornfish.
"Ko'ele" means any limpet known as Cellana talcosa or any recognized synonym. Ko'ele are also known as giant 'opihi, talc limpet, or turtle limpet.
"Kole" means any fish known as Ctenochaetus strigosus or any recognized synonym. Kole are also known as kole tang, spotted surgeonfish, goldring surgeonfish, or yellow-eyed tang.
"Limu" means any marine alga, including algae in the intertidal zone.
"Makaiauli" means any limpet known as Cellana exarata or any recognized synonym. Makaiauli are also known as blackfoot 'opihi or Hawaiian blackfoot.
"Marine life" means any type or species of saltwater fish, shellfish, mollusks, crustaceans, coral, algae, or other marine animals, including any part, product, egg, or offspring thereof; or any type or species of seaweeds or other marine plants or algae, including any part, product, seed, holdfast, or root thereof.
"Moi" means any fish known as Polydactylus sexfilis or any recognized synonym. Moi are also known as six-fingered threadfin or yellowthread threadfin.
"Native limu" means any limu that occurs naturally in Hawai'i, including but not limited to all species of limu, or any recognized synonyms, listed in Exhibit A entitled "Common Native Limu Species of Hawai'i", dated 4/20/23, located at the end of this chapter.
"Native species" means a species that occurs naturally in Hawai'i. Native species include both endemic species and indigenous species.
" 'Omilu" means any fish known as Caranx melampygus or any recognized synonym. 'Omilu are also known as bluefin trevally, blue ulua, bluefin jack, bluefin kingfish, bluefinned crevalle, and spotted trevally.
" 'Opihi" means any mollusk of the genus Cellana or any recognized synonym. 'Opihi are also known as ko'ele, 'alinalina, makaiauli, or limpets.
"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.
"Spotted reef crab" means any crab known as Carpilius maculatus or any recognized synonym. Spotted reef crabs are also known as seven-eleven crab, dark-finger coral crab, and large spotted crab.
"State" means the state of Hawai'i.
"Subsistence" means the customary and traditional native Hawaiian uses of renewable ocean resources for direct personal or family consumption or sharing.
"Surround net fishing" means a technique of fishing where a person or persons engage in the act of or attempt to engage in the act of deploying a gill net in the water in such a manner as to completely encircle the aquatic life. The gill net primarily entangles aquatic life within the mesh of the net as the aquatic life swim or move into the gill net. The main characteristics of surround net fishing are the closed net configuration, the moving net, person or persons chase the aquatic life into the net, and only the aquatic life that entangles in the net mesh are captured.
"Stretched mesh" means the straight line distance between two opposite inner edges of each eye of the net mesh as measured when the eye is stretched to its maximum size.
"Ta'ape" means any fish known as Lutjanus kasmira or any recognized synonym. Ta'ape are also known as bluestripe snapper.
"Take" means to fish for, catch, injure, kill, remove, capture, confine, or harvest, or to attempt to fish for, catch, injure, kill, remove, capture, confine, or harvest.
"Throw net" means a circular net with a weighted outer perimeter designed to be deployed by manually casting or throwing the net over fish or other aquatic life. This gear is also known as a cast net.
"Treble hook" means a hook having three points on a common shank.
"Ula" means any spiny lobster of the genus Panulirus. Ula are also known as lobster, Hawaiian spiny lobster, spiny lobster, red lobster, or green lobster.
"Ula papapa" means any crustacean of the species Scyllarides squammosus or Scyllarides haanii, or any recognized synonym. Ula papapa are also known as ula 'apapapa, slipper lobster, ridgeback slipper lobster, or shovel-nosed lobster.
