Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 4 - FISHERIES
Part V - PROTECTED MARINE FISHERIES RESOURCES
Chapter 94 - BOTTOMFISH MANAGEMENT
Section 13-94-2 - Definitions
As used only in this chapter:
"Board" means the board of the department of land and natural resources.
"Bottomfish" means those fish species listed in section 13-94-5 of this chapter.
"Bottomfish limited entry program" means a method of fishery management that limits or controls participation in a fishery, access to a fishery, or generally fishing, for a bottomfish species or a number of bottomfish species. Measures to limit or control participation, access, or fishing could include, but are not limited to, reducing or setting a maximum number of fishers, reducing or setting a maximum number of fishing vessels, restricting fishing gear types, restricting fishing areas, or restricting maximum amount of catch.
"Bottomfish longline" means a type of fishing gear or fishing method used to take bottomfish consisting of a weighted mainline, with attached shorter branchlines with fishing hook or hooks, that is either laid on the ocean bottom or suspended horizontally near the ocean bottom with floats.
"Clearly visible" means to be able to be seen in its entirety from a distance at least 100 feet away, free of any obstacle that may block the field of view from at least 45 degrees above, fore, and aft of the vessel.
"Commercial purposes" means the taking of marine life for profit or gain or as a means of livelihood where the marine life is taken in or outside of the State, or where the marine life is sold, offered for sale, bartered, landed, or transported for sale anywhere in the State.
"Kona crab net" means a type of fishing gear consisting of a metal frame over which is stretched netting material, and that is deployed on the bottom with the kona crab, as defined in section 13-95-1, being captured by entanglement on the netting material.
"Main Hawaiian islands commercial bottomfish fishery" means the fishing of bottomfish for commercial purpose in the waters of the main Hawaiian islands surrounding, between, and including the islands of Niihau and Kaula to the northwest and the island of Hawaii to the southeast.
"Net" means any of various fishing devices of mesh material made into various shapes, such as but not limited to, a bag, sack, pouch, or curtain, used to entangle, surround, or concentrate aquatic life.
"Non-commercial purposes" means any purpose other than commercial purposes.
"Scoop net" means a type of fishing net consisting of a bag of mesh material kept open with a rigid frame and manipulated by a rigid handle that is designed to be used by a single person unaided by any mechanical device.
"Take" means to fish for, catch, or harvest, or to attempt to fish for, catch, or harvest, aquatic life. The use of any gear, equipment, tool, or any means to fish for, catch, capture, or harvest, or to attempt to fish for, catch, capture, 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 fished for, caught, or harvested, shall be construed as fishing.
"Trap" means any of various fishing devices of mesh, perforated, or solid material made into the shape of a box, container, or enclosure, with one or more openings that allow aquatic life to enter into the interior of the box, container, or enclosure, but restrict exit out, thereby capturing the aquatic life within.
"Trawl" means a type of fishing net, usually in the form of an elongated bag, with the mouth kept open by various means that captures aquatic life while being towed or dragged through the water by a vessel.
