Current through August, 2024
(a) No person shall use or possess any lay
net in State waters without first obtaining a lay net permit. Lay net permits
shall be non-transferrable and shall expire on June 30 of each year.
(b) The fee for issuance or renewal of a lay
net permit shall be $25, provided that the fee shall be waived for Hawai'i
residents and members of the armed forces of the United States on active duty
in the State and their spouses and minor children. The fee for a duplicate
permit shall be $10.
(c) The
department may revoke, suspend, or withhold issuance or renewal of a lay net
permit for any violation of this section, provided that any revocation,
suspension, or withholding of a lay net permit shall not exceed three months
unless a longer period not to exceed two years is approved by the
board.
(d) It is unlawful for any
person within the jurisdiction of state waters to:
(1) Possess or use a lay net that, except as
provided in section
13-60.4-6, is:
(A) Longer than one hundred twenty-five feet
in length when set end to end, or more than seven feet in stretched height;
or
(B) Of less than two and
three-fourths inches stretched mesh, except as provided in section
13-52-2(2)(A);
(2) Possess or use a multi-panel
lay net;
(3) 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. At least one identification
tag must be attached at each end of both the net float line and the net lead
line for a total of at least four attachment points on each lay net;
or
(4) Fish with more than one lay
net at a time.
(e) It is
unlawful for any person using the lay net fishing method to:
(1) Use a lay net that is not marked by
surface 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 two
hundred fifty feet of another lay net, except as provided in section
13-60.4-6;
(3) Use a lay net in water greater than
twenty-five feet in depth; provided that a person with a commercial marine
license may use a lay net in water depths up to eighty feet, except as provided
in section
13-60.4-6;
(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 any stony coral to break from its attachment to the bottom
or to break into smaller pieces. Any stony 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;
(8) Discard, abandon, or leave any lay net,
or portion thereof, in the water for longer than four hours;
(9) Use a lay net in freshwater streams or
stream mouths; or
(10) Use a lay
net during the period from one-half hour after sunset to one-half hour before
sunrise.
(f) It is
unlawful for any person to falsely identify any lay net.
(g) Any lay net, within the jurisdiction of
state waters, that does not have proper identification tags or surface buoys as
required in subsections (d) and (e), shall be considered contraband and subject
to immediate seizure by the department.
(h) It is unlawful for any person to use a
lay net in the following areas as provided in the table describing the boundary
coordinates or locations for the prohibited fishing areas, located at the end
of this chapter, entitled, "Table of Descriptions of Lay Net Fishing Prohibited
Areas", dated April 19, 2006; and in the maps located at the end of this
chapter, entitled, "Map of Lay Net Fishing Prohibited Area: Maui", dated April
19, 2006; "Map of Lay Net Fishing Prohibited Areas: O'ahu", dated April 19,
2006; and "Map of Lay Net Fishing Prohibited Area: Kane'ohe Bay, O'ahu", dated
April 19, 2006:
(1) Island of Maui;
(2) Kawaihoa Point to Keahi Point,
O'ahu;
(3) Mokapu Point to Wailea
Point, O'ahu; or
(4) Kane'ohe Bay,
O'ahu.
(i) Any person
violating any subsection of this provision shall be subject to penalty as
provided under sections
187A-12.5 and
188-70, HRS. Each violation may
constitute a separate offense.
