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

(b)  It is unlawfulto deposit in, permit to pass into, or place where it can pass into the statewaters 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 carbonaceousmaterial or substance;

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

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

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

The department mayissue permits to allow the possession or use of stated amounts of thesesubstances poisonous to aquatic life if the department deems the amount inpossession is for legitimate purposes or in quantities too small to harmaquatic life.

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

The department mayrevoke any permit for any infraction of the terms and conditions of thepermit.  Any person whose permit has been revoked shall not be eligible toapply for another permit until the expiration of one year from the date ofrevocation.

Nothing in thissection shall be held or construed to be an amendment of the rules of thedepartment of transportation. [L 1888, c 30, §1; RL 1925, §761; am L1925, c 41, §2; RL 1935, §366; RL 1945, §1221; RL 1955, §21-54; HRS §188-23; amL 1981, c 85, §33; am L 1982, c 147, §9; am L 2002, c 96, §2]