Section 6.  The State shall have the power to manage and control the marine, seabed and other resources located within the boundaries of the State, including the archipelagic waters of the State, and reserves to itself all such rights outside state boundaries not specifically limited by federal or international law.

     All fisheries in the sea waters of the State not included in any fish pond, artificial enclosure or state-licensed mariculture operation shall be free to the public, subject to vested rights and the right of the State to regulate the same; provided that mariculture operations shall be established under guidelines enacted by the legislature, which shall protect the public's use and enjoyment of the reefs.  The State may condemn such vested rights for public use. [Ren and am Const Con 1978 and election Nov 7, 1978]


Law Journals and Reviews


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

  Propagating Cultural Kīpuka:  The Obstacles and Opportunities of Establishing a Community-Based Subsistence Fishing Area.  31 UH L. Rev. 193.


Case Notes


  Private fishing rights not established under §96 of the Organic Act continue to be free to the public under this section.  48 H. 152, 192, 397 P.2d 593.



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