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



(b)  Except as prohibited by law, the permits
shall be issued only to persons who can satisfy the department that they possess
facilities to and can maintain fish and other aquatic life alive and in
reasonable health.



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



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



(d)  For the purposes of this section:



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



(2)  "Aquarium fish permit" means a permit
issued by the board for the use of fine mesh nets and traps to take salt water
fish, freshwater nongame fish, or other aquatic life for aquarium purposes. [L
1953, 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]