§188-31  Permits to take aquatic life foraquarium purposes.  (a)  Except as prohibited by law, the department, uponreceipt of a written application, may issue an aquarium fish permit, not longerthan one year in duration, to use fine meshed traps, or fine meshed nets otherthan throw nets, for the taking of marine or freshwater nongame fish and otheraquatic life for aquarium purposes.

(b)  Except as prohibited by law, the permitsshall be issued only to persons who can satisfy the department that they possessfacilities to and can maintain fish and other aquatic life alive and inreasonable health.

(c)  It shall be illegal to sell or offer forsale any fish and other aquatic life taken under an aquarium fish permit unlessthose fish and other aquatic life are sold alive for aquarium purposes.

The department may adopt rules pursuant tochapter 91 for the purpose of this section.

(d)  For the purposes of this section:

(1)  "Aquarium purposes" means to hold saltwater fish, freshwater nongame fish, or other aquatic life alive in a state ofcaptivity as pets, for scientific study, or for public exhibition or display,or for sale for these purposes; and

(2)  "Aquarium fish permit" means a permitissued by the board for the use of fine mesh nets and traps to take salt waterfish, freshwater nongame fish, or other aquatic life for aquarium purposes. [L1953, c 124, §§1, 2, 3; RL 1955, §21-64; am L 1961, c 30, §§1, 2 and c 132, §2;HRS §188-31; am L 1979, c 154, §1; gen ch 1985; am L 1992, c 96, §2]