[§189-2.5]  Longline fishing;description; prohibition.  (a)  For the purpose of this section, longlinefishing means fishing conducted with gear consisting of at least one mainlineover one nautical mile in length, to which is attached a number of branchlineswith baited hooks and which is suspended below the surface of the ocean byfloatlines attached to surface floats.

(b)  It is unlawful to engage in longlinefishing or to sell or offer for sale, any marine life taken with longlinefishing gear within the boundaries of the State's territorial sea.

(c)  Pursuant to and in cooperation with thejoint federal-state Western Pacific Regional Fishery Management Council (WPRFMCalso known as WESPAC), of which Hawaii is a member, the State adopts andincorporates by reference the rules adopted by the Western Pacific RegionalFishery Management Council through the National Oceanic and AtmosphericAdministration (NOAA) for the management and regulation of longline fishingactivities.

(1)  Accordingly, it is unlawful for any person topossess, land, sell, or offer for sale any marine life taken by longlinefishing gear which is prohibited by or in violation of rules properly adoptedby the Western Pacific Regional Fishery Management Council through the NationalOceanic and Atmospheric Administration, which by incorporation and acceptanceare also the law of Hawaii.

(2)  Any person or any fishing vessel fishing withgear of at least one mainline over one nautical mile in length within the areaprohibited by rules properly adopted by the Western Pacific Regional FisheryManagement Council through the National Oceanic and Atmospheric Administrationand incorporated by the State shall be in violation of this section.

(d)  The State shall have authority to enforcethis section and the rules adopted by the Western Pacific Regional FisheryManagement Council through the National Oceanic and Atmospheric Administrationand incorporated by reference into state law within:

(1)  The State's marine waters as defined in section189-1.5; and

(2)  Those areas under the Western Pacific RegionalFishery Management Council's jurisdiction where properly adopted rules havebeen established to govern, regulate, and manage longline fishing activities;provided that the Western Pacific Regional Fishery Management Council shallhave accepted and entered into a mutual working agreement with the State tocarry out these rules, including the joint deputizing of law enforcementofficials.

(e)  The commercial marine license of anyperson convicted of violating this section shall be revoked and penaltiespursuant to section 199-7, including equipment and gear seizure and forfeiture,shall be assessed.  Any person whose license has been revoked shall not beeligible to apply for another license until the expiration of one year from thedate of revocation. [L 1991, c 161, §1]