§188-37  Fishing in the Northwestern
Hawaiian Islands.  (a)  The department of land and natural resources may
adopt rules relating to the taking of marine life in the Northwestern Hawaiian
Islands, where, in the judgment of the department the action will not deplete
the stocks of marine life in the area; the rules may include open and closed
seasons, size limits, methods and appliances, and establishment of permits for
taking marine life.



(b)  Those islands, reefs, and shoals, as well
as their respective appurtenant reefs and territorial waters, of the Hawaiian
Islands chain beginning and including Nihoa Island to and including Kure Island
shall be referred to as the Northwestern Hawaiian Islands.



(c)  The department may issue permits to those
persons with a valid commercial marine license issued pursuant to section 189-2
who own or operate a vessel deemed capable by the department for effectively
taking marine life within the Northwestern Hawaiian Islands, and whenever the
department deems necessary, it may limit the number of permits issued to take
marine life in any particular area and such limitation shall be on the basis of
the order of application for permits.  Issuance of permits shall be limited to
persons utilizing methods or appliances approved by rule of the department,
which need not be legal elsewhere within the State, and these permittees may
take species of marine life, when and as approved by rule of the department. 
The fee for the Northwestern Hawaiian Islands taking permit shall be established
by the department by rules adopted in accordance with chapter 91.



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has been revoked shall not be eligible to apply for another permit until the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. [L 1953, c 57, §§1, 2; RL
1955, §21-70; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-37; am
L 1978, c 97, §1; am L 1981, c 85, §46; am L 1988, c 117, §1; am L 2002, c 86,
§4]