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

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

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

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

(4)  A line that follows an imaginary extension of theboundary 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 thischapter, the following uses or activities shall be regulated in the Ha‘enacommunity-based subsistence fishing area:

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

(2)  The issuance of any commercial marine license, asdefined 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 underwaterbreathing apparatus and spears; and

(6)  Any other use or activity that the department ofland and natural resources, in consultation with the inhabitants of theahupua‘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 ofinhabitants of the ahupua‘a of Ha‘ena and other interested parties to establishrules for the Ha‘ena community-based subsistence fishing area, to include butnot be limited to:

(1)  A determination of fishing practices that arecustomarily and traditionally exercised for purposes of native Hawaiiansubsistence, culture, and religion in the fishing area;

(2)  A management plan recognizing existing marineactivities permitted by the department of land and natural resources andcontaining a description of specific activities to be conducted in the fishingarea, including evaluation and monitoring processes and methods of funding andenforcement;

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

(4)  The establishment of no harvesting zones withinthe fishing area without depriving ahupua‘a inhabitants of access totraditional sources of subsistence; and

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

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

 

Law Journals and Reviews

 

  Propagating Cultural Kīpuka:  The Obstacles andOpportunities of Establishing a Community-Based Subsistence Fishing Area. 31 UHL. Rev. 193.