Current through August, 2024
(a) It is unlawful
for any person within the West Hawai'i regional fishery management area to:
(1) Possess or use a lay net without first
obtaining a lay net permit pursuant to section
13-75-12.4;
(2) Possess or use more than one lay
net;
(3) Possess or use a lay net:
(A) Longer than one hundred twenty-five feet
in length or more than seven feet in stretched height;
(B) With less than two and three-fourths
inches stretched mesh; and in Kailua Bay fisheries management area, with less
than three inches stretched mesh; or
(C) With two or more joined lay nets with a
combined total length of more than two hundred fifty feet;
(4) Possess or use a multi-panel lay net;
or
(5) Possess or use a lay net
that does not have at least four identification tags as specified by the
department. Each identification tag must legibly display the lay net permit
number of the person possessing or using the net. One identification tag must
be attached at each end of both the net float line and the net lead line for a
total of four attachment points on each lay net.
(b) It is unlawful for any person lay net
fishing to:
(1) Use a lay net that is not
marked by buoys as specified by the department. The buoys shall legibly display
the lay net permit number of the person using the lay net, be marked with
reflective tape, and be visible above the surface of the water. The buoys shall
be attached to each end of the float line for a total of two buoys for each lay
net;
(2) Use a lay net within one
thousand two hundred feet of any other lay net; provided that two or more
individuals working together and using the lay net fishing method may use a
joined net;
(3) Use a lay net in
water that is more than eighty feet in depth;
(4) Use a lay net for more than four hours
during any one set; provided that the same person shall not set any other lay
net within twenty-four hours after the ending of the set;
(5) Leave a lay net unattended for any amount
of time, provided that a lay net shall be considered unattended if the lay net
or surface buoys are not within eyesight of the person using the lay
net;
(6) Retrieve a lay net in such
a manner as to cause coral to break from its attachment to the bottom or to
break into smaller pieces. Any coral brought to the surface in the net shall be
considered prima facie evidence of a violation of this section;
(7) Fail to complete inspection of an entire
lay net within two hours after the beginning of the set. The person lay net
fishing shall inspect the lay net and release any threatened, endangered,
prohibited, or unwanted species; or
(8) Discard, abandon, or leave any lay net,
or portion thereof, in the water for longer than four hours.
(c) It is unlawful for any person
to falsely identify any lay net.
(d) Persons using a vessel or float may use a
total maximum of two hundred fifty feet of lay net, provided that at least two
persons are present and associated with the same vessel or float.
(e) Any lay net within the West Hawai'i
regional fishery management area that does not have proper identification tags,
as required in subsection (a)(1) and (a)(5), shall be subject to immediate
seizure according to section
199-7, HRS, and subject to
forfeiture by the department under procedures similar to chapter
712A, Hawaii Revised
Statutes.
(f) This section shall
not apply to panel mesh nets with a stretched mesh size of less than two and
three-fourths inches that are marked with commercial marine license numbers as
required under section
1360.4-4(4),
and permitted for use and possession under an aquarium permit and a West
Hawai'i aquarium permit issued under section
13-60.4-7(a).
