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



(b)  The konohiki shall be considered in law to
hold the private fishery for the equal use by the konohiki and the tenants on
their respective lands, and the tenants shall be allowed to take for home
consumption or commercial purposes, any aquatic life of the fisheries, subject
to the restrictions imposed by the konohiki as provided in this section, or by
law or rule.



(c)  A konohiki each year may set apart one
given species or variety of aquatic life natural to the private fishery, by
giving public notice by posting at least three written or printed notices in
conspicuous places on the land or fishery, to the tenants and others residing
on the land, signifying by name, the kind of aquatic life which has been set
apart for exclusive use by the konohiki; provided that the konohiki may not
reserve more than one kind of aquatic life, if the konohiki possesses other
private fisheries which are immediately adjacent to each other.  The notice
shall be substantially in the following form:



 



NOTICE



Fishing for (name of aquatic life) in private
fishery



is hereby prohibited between (specific period).



 



_______________________



Konohiki.



 



The specific aquatic life set apart shall be
exclusively for the use of the konohiki within the specified period, and
neither the tenants nor others shall take the reserved aquatic life within the
private fishery.  The konohiki may bring legal action against any person to
recover the value of the reserved aquatic life which has been taken within the
private fishery.



(d)  The konohiki, upon consultation with the
tenants of their lands and in lieu of setting apart one given species or
variety of aquatic life for exclusive use as allowed in this section, may
prohibit during certain months of the year, all taking of aquatic life within
the private fishery; provided that during the fishing season within the private
fishery, the konohiki may exact up to one-third of the aquatic life taken
within 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 has
been reserved within the private fishery for exclusive use by the konohiki goes
onto the public fishing grounds, such aquatic life may be taken by any person.



(f)  The konohiki shall not have any power to
impose 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 private
fishery when established may be condemned for use as a public ground; provided
that the private fishery shall continue until judgment is entered upon the
condemnation proceedings and the compensation named therein has been paid or
tendered to the konohiki, or others interested therein, or until an order of
possession has been issued as provided in sections 101-28 to 101-32.



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