§188-23 
Possession or use of explosives, electrofishing devices, and poisonous
substances in state waters prohibited; exception.  (a)  It is unlawful to possess or use on, in, or
near state waters, any explosives, electrofishing devices, or any source of
electrical energy with appurtenant devices for the introduction of electricity
into the water, for the purpose of taking aquatic life, except under the terms
and conditions of a permit first obtained by the user from the department.  The
department may issue permits for the possession or use of electrofishing
devices consistent with other legal requirements.



(b)  It is unlawful
to deposit in, permit to pass into, or place where it can pass into the state
waters for the purpose of taking aquatic life any of the following:



(1)  Any petroleum, coal or oil tar, lampblack,
aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous
material or substance;



(2)  Hypochlorous acid or any of its salts, including
bleaches commonly sold under various trade names, such as Clorox and Purex, and
bleaching powders;



(3)  Preparations containing rotenone, tephrosin,
saponins, or plant materials from Barringtonia acutangula, Barringtonia
asiatica, Barringtonia racemosa, Barringtonia longiracemosa, Barringtonia
speciosa, Careya australis, Cocculus ferrandianus, Cocculus trilobus, Cocos
nucifera, Hura crepitans, Hura polyandra, Piscidia acuminata, Piscidia
carthagenensis, Piscidia erythrina, Planchonia careya, Tephrosia purpurea,
Tephrosia piscatoria, Wikstroemia; and



(4)  Any other substance or material deleterious to
aquatic life; except under the terms and conditions of a permit first obtained
by the user from the department.



The department may
issue permits to allow the possession or use of stated amounts of these
substances poisonous to aquatic life if the department deems the amount in
possession is for legitimate purposes or in quantities too small to harm
aquatic life.



The possession or use
of these substances without a permit by any person on, in, or near the water
where aquatic life can be taken, or aboard any fishing vessel or boat is prima
facie evidence of a violation of this section.



The department may
revoke any permit for any infraction of the terms and conditions of the
permit.  Any person whose permit has been revoked shall not be eligible to
apply for another permit until the expiration of one year from the date of
revocation.



Nothing in this
section shall be held or construed to be an amendment of the rules of the
department of transportation. [L 1888, c 30, §1; RL 1925, §761; am L
1925, c 41, §2; RL 1935, §366; RL 1945, §1221; RL 1955, §21-54; HRS §188-23; am
L 1981, c 85, §33; am L 1982, c 147, §9; am L 2002, c 96, §2]