(a) Nothing in this
chapter shall be construed as allowing within the Ha'ena Community-Based
Subsistence Fishing Area any activity or fishing gear otherwise prohibited by
law or rules adopted by the department of land and natural resources or any
other department of the State.
(b)
It is unlawful for any person to sell or offer for sale any marine life taken
from within the area, or to otherwise take marine life from within the area for
commercial purposes.
(c) Unless
otherwise allowed in subsection (d) of this section, it is unlawful for any
person to engage in or attempt to engage in the following activities within the
Ha'ena Community-Based Subsistence Fishing Area:
(1) Take or possess any marine
life;
(2) Take, alter, deface,
destroy, possess, or remove any sand, coral, rock, or other geological feature
or specimen;
(3) Possess, deploy,
or use any fishing gear or device that is designed or may be used for the
taking, injuring, or killing of marine life, or the altering of any geological
feature or specimen; or
(4)
Deliberately introduce into the water any food material, substance, or device
used as an attractant for marine life, for any purpose other than the taking of
marine life as may be allowed under subsection (d) of this section.
(d) Except while within the Makua
Pu'uhonua, an individual within the Ha'ena CBSFA may:
(1) Take and possess any empty pupu shell,
provided that empty pupu shells may not be taken or possessed while using any
underwater breathing apparatus other than a snorkel;
(2) At any time after November 30, 2017, take
up to twenty total living 'opihi, pipipi, kupe'e, or pupu per person per day
from the 'Opihi Management Area only, and possess up to twenty total living
'opihi, pipipi, kupe'e, or pupu at any one time;
(3) Take and possess any limu by hand-harvest
only; provided further that the following species of invasive or introduced
algae may be taken and possessed for any purpose, including a commercial
purpose: Gracilaria salicornia, Acanthophora
spicifera, Avrainvillea amadelpha, Kappaphycus (any species),
Eucheuma (any species), or Hypnea
musciformis;
(4) Take up to two lobsters per day by
hand-harvest only, and possess up to two lobsters at any one time;
(5) Take up to five urchins per species per
day, and possess up to five urchins per species at any one time;
(6) Take up to two he'e per day, and possess
up to two he'e at any one time, provided that he'e may only be taken by
hand-harvest or with the use of a stick no longer than two feet in
length;
(7) Take and possess any
fish in compliance with this chapter and all other state law;
(8) Subject to paragraphs (1)-(7), above:
(A) Possess and use up to two hook-and-lines
with up to two hooks per hook-and-line;
(B) Possess and use a pole spear to take fish
between 6:00 a.m. and 6:00 p.m., provided that the pole spear shall be no
greater than eight feet in total length;
(C) Possess and use a throw net;
(D) Use pa'ipa'i net or surround gill net
fishing methods, provided that nets may only be deployed from the shore, or
from a vessel less than fourteen feet long, and provided further that at least
two people must be within five feet of the net at all times while it is
deployed; and
(E) Possess and use a
scoop net between 6:00 a.m. and 6:00 p.m., provided that a scoop net may not be
used to take greater than three specimens of marine life per day; and
(9) Possess any fishing gear while
on a vessel in active transit seaward of the Vessel Transit Boundary, as
described in section 13-60.8-3(b)(3) of this chapter.
(e) Native Hawaiian traditional and customary
rights recognized under article XII, section 7, of the Hawaii State
Constitution shall not be abridged.
