[§188-22.9]  Ha‘ena community-based
subsistence fishing area; restrictions; regulations.  (a)  There is
designated the Ha‘ena community‑based subsistence fishing area on the
northwestern coast of Kauai, which shall consist of all state waters and
submerged lands bounded by:



(1)  The shoreline of the Ha‘ena district;



(2)  A line that follows an imaginary extension of the
boundary between Hae‘na state park and Na Pali state park that extends seaward
for one mile from the shoreline;



(3)  An irregular line one mile offshore that is
parallel to the contours of the shoreline; and



(4)  A line that follows an imaginary extension of the
boundary between Hae‘na and Wainiha, as specified in the tax map of the county of Kauai, that extends seaward for one mile from the shoreline.



(b)  In addition to the provisions of this
chapter, the following uses or activities shall be regulated in the Ha‘ena
community-based subsistence fishing area:



(1)  Any activities with a commercial purpose, as
defined in section 187A‑1;



(2)  The issuance of any commercial marine license, as
defined in section 187A‑1;



(3)  The issuance of any aquarium fish permits,
pursuant to section 188‑31;



(4)  Fishing with the use of gill nets;



(5)  Fishing with self‑contained underwater
breathing apparatus and spears; and



(6)  Any other use or activity that the department of
land and natural resources, in consultation with the inhabitants of the
ahupua‘a of Ha‘ena and other interested parties, deems appropriate.



(c)  The department of land and natural resources,
as soon as practical, shall consult with as broad a base as possible, group of
inhabitants of the ahupua‘a of Ha‘ena and other interested parties to establish
rules for the Ha‘ena community-based subsistence fishing area, to include but
not be limited to:



(1)  A determination of fishing practices that are
customarily and traditionally exercised for purposes of native Hawaiian
subsistence, culture, and religion in the fishing area;



(2)  A management plan recognizing existing marine
activities permitted by the department of land and natural resources and
containing a description of specific activities to be conducted in the fishing
area, including evaluation and monitoring processes and methods of funding and
enforcement;



(3)  Limits on the harvest of aquatic life, as those
terms are defined in section 187A‑1, in the fishing area;



(4)  The establishment of no harvesting zones within
the fishing area without depriving ahupua‘a inhabitants of access to
traditional sources of subsistence; and



(5)  A process for the expansion of the fishing area
to include other ahupua‘a.



The department of land and natural resources
shall adopt rules pursuant to chapter 91 necessary for the purpose of this
section. [L 2006, c 241, §3]



 



Law Journals and Reviews



 



  Propagating Cultural Kīpuka:  The Obstacles and
Opportunities of Establishing a Community-Based Subsistence Fishing Area. 31 UH
L. Rev. 193.