§188-35  Fishing in certain waters. (a)  Except as otherwise provided in this section, it is unlawful for anyperson to fish in or take aquatic life from the waters:

(1)  Of the Waikiki reclamation canal, Oahu;

(2)  Of the drainage canal constructed in connectionwith Kapiolani Boulevard, Oahu;

(3)  Of the Kapalama drainage canal, Oahu;

(4)  Off Heeia-Kea wharf, Oahu;

(5)  Within that portion of Waialua Bay delineated onthe seaward boundary by lines drawn one hundred yards seaward of and parallelto the Haleiwa Harbor Breakwater and one hundred yards seaward of and parallelto the Haleiwa Beach Groin including the extension to the intercept of theselines and the inland boundary consisting of a line drawn ten yards downstreamof and parallel to the Anahulu Bridge, Oahu;

(6)  Within that portion of Pokai Bay including thePokai Boat Harbor and the Waianae Small Boat Harbor delineated on the seawardboundary by a straight line drawn from Kaneilio Point to Lahilahi Point withthe northwestern boundary to be delineated by a straight line extending fromthe southernmost tip of the point immediately seaward of Waianae High School ona southwest azimuth to the intercept of the seaward boundary extending fromKaneilio Point to Lahilahi Point, Oahu; and

(7)  Of the Kapaa and Waikaea canals, Kauai.

(b)  With reference to any of the places orareas named above, any person may, subject to applicable laws and rules, fishwith one line, or one rod and line, provided the line shall not have more thantwo hooks; or may take crabs with not more than ten nets, provided the netsshall not exceed two feet in diameter; or may take shrimps for bait purposesonly with a hand net, provided the net shall not exceed three feet in anydimension; provided that in the Waikiki reclamation canal any person may takeup to fifty tabai or mosquito fish, or o`opu akupa, or tilapia or anycombination thereof, per day, for noncommercial purposes only, with a singlesmall mesh net, provided that the net including any handle and other attachmentthereto shall not exceed three feet in any dimension.

(c)  An owner or operator of a fish pond maytake pua or other small fish, using nets, with a license obtained from thedepartment of land and natural resources and under rules the department mayadopt, for the purpose of stocking the fish pond.

(d)  Commercial marine licensees, with alicense from the department of land and natural resources, may take nehu, iao,or any other species of baitfish as authorized by section 188-45, using netsfor bait purposes only.

(e)  The department may issue licenses at itsdiscretion and at any time may revoke any or all licenses when, in itsjudgment, the action is necessary to preserve the stock of fish in the canalsor waters. [L 1923, c 41, §§1, 2; RL 1925, §770; RL 1935, §384; am L 1943, c26, §1 and c 195, §§1, 2; RL 1945, §1231; am L 1947, c 19, §1; am L 1949, c154, §1; am L 1951, c 58, §1; am L 1955, c 118, §1; RL 1955, §21-68; am L 1957,c 230, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 29, §1 and c 132, §2; HRS§188-35; am L 1974, c 169, §1; am L 1978, c 164, §1; am L 1979, c 38, §1; am L1981, c 85, §44; am L 1983, c 145, §1; am L 1987, c 21, §1; am L 1989, c 101,§1; am L 1993, c 80, §1]

 

Cross References

 

  Rulemaking, seechapter 91.

 

Law Journals and Reviews

 

  Protecting Hawai‘i'sFisheries:  Creating an Effective Regulatory Scheme to Sustain Hawai‘i's FishStocks.  29 UH L. Rev. 243.