§187A-23  Konohiki rights.  (a)  Thefishing grounds from the reefs, and where there happens to be no reefs, fromthe distance of one geographical mile seaward of the beach at low watermark, inlaw, shall be considered the private fishery of the konohiki, whose lands byancient regulations, belong to the same.  These vested fishing rights for theprivate fishery must be established by proceedings in conformity with section96 of the Organic Act, and for which judgment has been entered in any circuitcourt.  The established private fishery shall not be disturbed, except to theextent of the reservations and prohibitions set forth in this section, or bylaw or rule.

(b)  The konohiki shall be considered in law tohold the private fishery for the equal use by the konohiki and the tenants ontheir respective lands, and the tenants shall be allowed to take for homeconsumption or commercial purposes, any aquatic life of the fisheries, subjectto the restrictions imposed by the konohiki as provided in this section, or bylaw or rule.

(c)  A konohiki each year may set apart onegiven species or variety of aquatic life natural to the private fishery, bygiving public notice by posting at least three written or printed notices inconspicuous places on the land or fishery, to the tenants and others residingon the land, signifying by name, the kind of aquatic life which has been setapart for exclusive use by the konohiki; provided that the konohiki may notreserve more than one kind of aquatic life, if the konohiki possesses otherprivate fisheries which are immediately adjacent to each other.  The noticeshall be substantially in the following form:

 

NOTICE

Fishing for (name of aquatic life) in privatefishery

is hereby prohibited between (specific period).

 

_______________________

Konohiki.

 

The specific aquatic life set apart shall beexclusively for the use of the konohiki within the specified period, andneither the tenants nor others shall take the reserved aquatic life within theprivate fishery.  The konohiki may bring legal action against any person torecover the value of the reserved aquatic life which has been taken within theprivate fishery.

(d)  The konohiki, upon consultation with thetenants of their lands and in lieu of setting apart one given species orvariety of aquatic life for exclusive use as allowed in this section, mayprohibit during certain months of the year, all taking of aquatic life withinthe private fishery; provided that during the fishing season within the privatefishery, the konohiki may exact up to one-third of the aquatic life takenwithin the private fishery from each fisher among the tenants.  In such case,the konohiki shall give notice as prescribed in this section.

(e)  If the specific aquatic life which hasbeen reserved within the private fishery for exclusive use by the konohiki goesonto the public fishing grounds, such aquatic life may be taken by any person.

(f)  The konohiki shall not have any power toimpose any tax or restriction upon the tenants regarding the private fisheries,except as provided by this section, or by law or rule.

(g)  The vested fishing rights for a privatefishery when established may be condemned for use as a public ground; providedthat the private fishery shall continue until judgment is entered upon thecondemnation proceedings and the compensation named therein has been paid ortendered to the konohiki, or others interested therein, or until an order ofpossession has been issued as provided in sections 101-28 to 101-32.

(h)  Any person who takes any aquatic lifewhich has been set apart for the konohiki's exclusive use or to which thekonohiki is otherwise entitled as provided in this section or who aids andabets the taking or who without lawful authority fishes in or upon the privatefishery shall be punished as provided in section 187A-13. [L 1985, c 94, pt of§1]