§188-37  Fishing in the NorthwesternHawaiian Islands.  (a)  The department of land and natural resources mayadopt rules relating to the taking of marine life in the Northwestern HawaiianIslands, where, in the judgment of the department the action will not depletethe stocks of marine life in the area; the rules may include open and closedseasons, size limits, methods and appliances, and establishment of permits fortaking marine life.

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

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

The department may revoke any permit for anyinfraction of the terms and conditions of the permit.  Any person whose permithas been revoked shall not be eligible to apply for another permit until theexpiration of one year from the date of revocation. [L 1953, c 57, §§1, 2; RL1955, §21-70; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-37; amL 1978, c 97, §1; am L 1981, c 85, §46; am L 1988, c 117, §1; am L 2002, c 86,§4]