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

     (1)  Of the Waikiki reclamation canal, Oahu;

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

     (3)  Of the Kapalama drainage canal, Oahu;

     (4)  Off Heeia-Kea wharf, Oahu;

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

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

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

     (b)  With reference to any of the places or areas named above, any person may, subject to applicable laws and rules, fish with one line, or one rod and line, provided the line shall not have more than two hooks; or may take crabs with not more than ten nets, provided the nets shall not exceed two feet in diameter; or may take shrimps for bait purposes only with a hand net, provided the net shall not exceed three feet in any dimension; provided that in the Waikiki reclamation canal any person may take up to fifty tabai or mosquito fish, or o‘opu akupa, or tilapia or any combination thereof, per day, for noncommercial purposes only, with a single small mesh net, provided that the net including any handle and other attachment thereto shall not exceed three feet in any dimension.

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

     (d)  Commercial marine licensees, with a license 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 nets for bait purposes only.

     (e)  The department may issue licenses at its discretion and at any time may revoke any or all licenses when, in its judgment, the action is necessary to preserve the stock of fish in the canals or waters. [L 1923, c 41, §§1, 2; RL 1925, §770; RL 1935, §384; am L 1943, c 26, §1 and c 195, §§1, 2; RL 1945, §1231; am L 1947, c 19, §1; am L 1949, c 154, §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 L 1981, 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, see chapter 91.


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.



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