Current through February, 2024
(a) No
person may engage in fish feeding while within any of the marine reserves, fish
replenishment areas, or netting restricted areas described in section
13-60.4-2(b) or
any of the other areas listed in section
13-60.4-2(c).
(b) While within the fish replenishment areas
described in section
13-60.4-2(b)(2) to
(10), or while within any of the areas listed
in section
13-60.4-2(c)
other than the Kiholo Bay fisheries management area, no person may:
(1) Collect aquatic life for aquarium
purposes; or
(2) Possess any
aquarium collecting gear, or take or possess any specimen of aquatic life for
aquarium purposes, except that aquarium collecting gear or aquatic life
collected for aquarium purposes may be possessed while onboard a vessel in
active transit through the areas, provided that no collecting gear is in the
water during the transit. Boats that are adrift, anchored, or moored are not
considered to be in active transit.
(c) No person may lay net fish while within
the following areas, as described in section
13-60.4-2(b) and
in the tables located at the end of this chapter entitled "Table of Reference
Coordinates to Marine Reserve and Fish Replenishment Area Boundaries", dated
12/12/12, and "Table of Reference Coordinates to Netting Restricted Area
Boundaries", dated 12/12/12:
(1)
Puako-'Anaeho'omalu fish replenishment area;
(2) Kikaua Point-Makole'a netting restricted
area (Kekaha Kai State Park);
(3)
Nenue Point(Red Hill fish replenishment area)-Kealakekua Bay netting restricted
area;
(4) Hanamalo Point-Kanewa'a
Point netting restricted area;
(5)
Kanonohe-Kalipoa netting restricted area; and
(6) Kaloko-Honokohau fish replenishment area,
except that a person may lay net fish in the Kaloko-Honokohau fish
replenishment area using only a locally-constructed, handmade lay net of
natural fibers, that is used in compliance with section
13-60.4-6.
(d) Except as provided in subsection (e), and
subject to all other applicable laws, while within the Ka'upulehu marine
reserve no person may:
(1) Take or attempt to
take any specimen of aquatic life, provided that the following species may be
taken by hook-and-line seaward of the twenty fathom (120 feet) depth contour:
Pristipomoides filamentosus ('opakapaka),
Pristipomoides sieboldii (kalekale), Aphareus
rutilans (lehi), Pristipomoides zonatus (gindai),
Etelis coruscans (onaga), Etelis carbunculus
(ehu), Epinephelus quernus (hapu'upu'u), Aprion
virescens (uku), Lutjanus kasmira (ta'ape),
Cephalopholis argus (roi), Lutjanus fulvus
(toau), Iniistius pavo (nabeta), Katsuwonus
pelamis (aku), Thunnus spp. ('ahi and tombo), Family
Istiophoridae (a'u), Acanthocybium solandri ('ono),
Coryphaena spp. (mahimahi); and provided further that
Ranina ranina (kona crab) may be taken by kona crab nets only,
while seaward of the twenty fathom (120 feet) depth contour;
(2) Possess any specimen of marine life other
than the species listed in subsection (d)(1) above;
(3) Possess or use any fishing gear other
than hook-and-line or kona crab nets or both; or
(4) Deploy any fishing gear (including
hook-and-line or kona crab nets) shoreward of the twenty fathom (120 feet)
depth contour.
(e) The
department may issue permits in accordance with sections
187A-6 and
188-53, Hawaii Revised Statutes,
for the take of non-native or invasive species of fish and invasive algae from
the Ka'upulehu Marine Reserve.
(f)
Subsections (d) and (e) of this section shall be effective until June 30, 2026,
or until the effective date of rules implementing a comprehensive fisheries
management plan as developed by the department in consultation with the
Ka'upulehu community and other interested parties, whichever occurs
later.
