Rules Regulating the Taking and Selling of Certain Marine Resources

UNOFFICIAL COPY An official copy can be obtained from DLNR 808-587-0100

HAWAII ADMINISTRATIVE RULES

TITLE 13

DEPARTMENT OF LAND AND NATURAL RESOURCES

SUBTITLE 4 FISHERIES

PART V PROTECTED MARINE FISHERIES RESOURCES

CHAPTER 95

RULES REGULATING THE TAKING AND SELLING OF CERTAIN MARINE RESOURCES

§13-95-1 Definitions §13-95-1.1 Licenses, permits, and other exemptions §13-95-2 Penalty §13-95-3 Severability §13-95-4 Āholehole §13-95-5 Manini §13-95-6 Moano §13-95-7 Kūmū §13-95-8 ‘Ama‘ama (striped mullet) §13-95-9 Awa §13-95-10 ‘Ō‘io §13-95-11 Kala §13-95-12 Kala ‘ōpelu §13-95-13 ‘Ōpakapaka §13-95-14 ‘Ula‘ula koa‘e (onaga) §13-95-15 Uku §13-95-16 Uhu (parrotfish) §13-95-17 ‘Ahi §13-95-18 ‘Ōpelu

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§13-95-1

§13-95-19 Akule §13-95-20 ‘Iao §13-95-21 Nehu §13-95-22 Ulua §13-95-23 Moi §13-95-24 Weke ‘ā §13-95-25 Kole §§13-95-26 to 49 (Reserved) §13-95-50 Pāpa‘i kūhonu (white crab) §13-95-51 Pāpa‘i kualoa (Kona crab) §13-95-52 Samoan crab §13-95-53 Ula (spiny lobster) §13-95-54 Ula pāpapa (slipper lobster) §13-95-55 He‘e (tako) §§13-95-56 to 69 (Reserved) §13-95-70 Stony corals §13-95-71 Live rocks

§13-95-1 Definitions. As used in this chapter, unless otherwise provided: "‘Ahi" means any fish known as Thunnus albacares or Thunnus obesus or any recognized synonym. ‘Ahi refers to both yellowfin tuna (T. albacares) and bigeye tuna (T. obesus). "Āholehole" means any fish known as Kuhlia xenura or Kuhlia sandvicensis or any recognized synonym. Āholehole are also known as āhole, Hawaiian flagtail, reticulated flagtail, or zebra-head flagtail. "Akule" means any fish identified as Selar crumenophthalmus or any recognized synonym. Akule are also known as pā‘ā‘ā, halalū, hahalalū, goggle-eyed scad, or big-eyed scad. "‘Ama‘ama" means any fish known as Mugil cephalus or any recognized synonym between eight and twelve inches in length. Individuals of this species at other life stages are known as pua, kahaha, or ‘anae. All life stages of this species are generally known as striped mullet. "‘Anae" means any fish known as Mugil cephalus or any recognized synonym greater than twelve inches in length. Individuals of this species at other life

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stages are known as pua, kahaha, or ‘ama‘ama. All life stages of this species are generally known as striped mullet. "Annual catch limit" or "ACL" is the maximum commercial harvest in a given fishing year established for any marine fishery subject to closure. The catch is measured in whole wet weight through cumulative reported landings by commercial marine licensees. "Aquarium fish permit" means a permit issued by the board pursuant to section 188-31, HRS, for the use of fine mesh nets and traps to take marine fish, freshwater nongame fish, or other aquatic life for aquarium purposes. "Awa" means any fish known as Chanos chanos or any recognized synonym. Awa are also known as milkfish. "Board" means the board of land and natural resources. "Break" means to hit with, or to apply sufficient force to reduce to smaller pieces or to crack without actually separating into pieces. "Carapace length" means the straight line measurement from the tip of the rostrum to the middle of the trailing edge of the body or carapace, not including the abdomen or tail. "Commercial kala fishing trip" means a fishing trip where any kala are taken for a commercial purpose, as evidenced by the possession of more than four kala per person. For a trip to be considered a commercial kala fishing trip, each participant must have both a valid commercial marine license and a valid commercial kala fishing permit. For vessel- based fishing trips, each person onboard the vessel is deemed a participant. "Commercial marine licensee" means a person who has been issued a commercial marine license pursuant to section 13-74-20 and section 189-2, HRS. "Commercial purpose" means the taking of marine life for profit or gain or as a means of livelihood where the marine life is taken in or outside of the State, or where the marine life is sold, offered for

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sale, landed, or transported for sale anywhere in the State. "Commercial uhu fishing trip" means a fishing trip where any uhu are taken for a commercial purpose, as evidenced by the possession of more than two uhu per person. For a trip to be considered a commercial uhu fishing trip, each participant must have both a valid commercial marine license and a valid commercial uhu fishing permit. For vessel-based fishing trips, each person onboard the vessel is deemed a participant. "Damage" means to scrape, smother, poison, or otherwise cause any physical or physiological harm to the living portion of a stony coral or live rock. "Day" means a twenty-four hour period. "He‘e" means any mollusk known as Octopus cyanea, Octopus ornatus, or any recognized synonym. He‘e are also known as octopus or tako. "Hook-and-line" means a fishing line to which one or more hooks or other tackle are attached. A hook- and-line may include a fishing rod or reel or both to cast and retrieve the line. "‘Iao" means any fish known as Atherinomorus insularum or any recognized synonym. ‘Iao are also known as Hawaiian silverside or Hawaiian Islands silverside. "Initial-phase uhu" means any uhu characterized by a dull red, brown, or gray body coloration and the absence of bright green or blue markings. "Kahaha" means any fish known as Mugil cephalus or any recognized synonym between four and eight inches in length. Kahaha are also known as pahaha. Individuals of this species at other life stages are known as pua, ‘ama‘ama, or ‘anae. All life stages of this species are generally known as striped mullet. "Kala" means any fish known as Naso unicornis, Naso brevirostris, Naso annulatus, or any recognized synonym. Kala are also known as bluespine unicornfish, short-nosed unicornfish, spotted unicornfish, or whitemargin unicornfish.

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§13-95-1

"Kala ‘ōpelu" means any fish known as Naso hexacanthus or any recognized synonym. Kala ‘ōpelu are also known as ‘ōpelu kala or sleek unicornfish. "Kole" means any fish known as Ctenochaetus strigosus or any recognized synonym. Kole are also known as kole tang, spotted surgeonfish, goldring surgeonfish, or yellow-eyed tang. "Kūmū" means any fish known as Parupeneus porphyreus or any recognized synonym. Kūmū are also known as whitesaddle goatfish. "Length" means the straight line measurement from the tip of the snout to the middle of the trailing edge of the tail. "Live rock" means any natural hard substrate to which marine life is visibly attached or affixed. "Manini" means any fish known as Acanthurus triostegus sandvicensis or any recognized synonym. Manini are also known as convict tang or convict surgeonfish. "Mitigation" means activities carried out in accordance with this chapter in order to avoid, minimize, restore, or compensate for losses of certain marine resources due to authorized activities. "Moano" means any fish known as Parupeneus multifaciatus or any recognized synonym. Moano are also known as banded goatfish, five-barred goatfish, manybar goatfish, or multibarred goatfish. "Moi" means any fish known as Polydactylus sexfilis or any recognized synonym. Moi are also known as six-fingered threadfin or yellowthread threadfin. "Nehu" means any fish known as Encrasicholina purpurea or any recognized synonym. Nehu are also known as Hawaiian anchovy. "Net" means any of various fishing devices of mesh material made into various shapes, such as but not limited to, a bag, sack, pouch, or curtain, used to entangle, surround, or concentrate aquatic life. "‘Ō‘io" means any fish known as Albula glossodonta or Albula virgata or any recognized synonym. ‘Ō‘io are also known as roundjaw bonefish,

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shortjaw bonefish, Indo-Pacific bonefish, sharpjaw bonefish, or smallmouth bonefish. "‘Ōpakapaka" means any fish known as Pristipomoides filamentosus or any recognized synonym. ‘Ōpakapaka are also known as Hawaiian pink snapper, pink snapper, kinme himedai, or ohimedai. "‘Ōpelu" means any fish of the genus Decapterus. ‘Ōpelu are also known as mackerel scad. "Pāpa‘i kualoa" means any crab known as Ranina ranina or any recognized synonym. Pāpa‘i kualoa are also known as pāpa‘i kua loa, Kona crab, frog crab, or spanner crab. "Pāpa‘i kūhonu" means any crab known as Portunus sanguinolentus or Portunus hawaiiensis or any recognized synonym. Pāpa‘i kūhonu are also known as pāpa‘i kuahonu, kūhonu, kuahonu, blood-spotted swimming crab, or white crab. "Pua" means any fish known as Mugil cephalus or any recognized synonym between zero and four inches in length. Pua are also known as pua ‘ama, pua ‘ama‘ama, pua po‘olā, or pua ‘o‘olā. Individuals of this species at other life stages are known as kahaha, ‘ama‘ama, or ‘anae. All life stages of this species are generally known as striped mullet. "Renewable energy projects" means projects developed by renewable energy producers, as the term is defined in section 171-95, Hawaii Revised Statutes, that reduce the consumption of non-renewable energy resources or produce renewable energy. "Samoan crab" means any crab known as Scylla serrata or any recognized synonym. The Samoan crab is a type of swimming crab and is also known as mud crab or mangrove crab. "Sell" means to solicit and receive an order for; to have, or keep, or offer, or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; and to traffic in. "Spear" means any device or implement that is designed or used for impaling aquatic life. Spears may include but are not limited to spear gun shafts,

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arbaletes, arrows, bolts, Hawaiian slings, tridents, or three-prong spears. "Speared" means pierced, impaled, penetrated, stuck, or run through by a sharp, pointed implement. "Stony coral" means any invertebrate species belonging to the Order Scleractinia, characterized by having a hard, calcareous skeleton, that are native to the Hawaiian Islands. "Striped mullet" means any fish known as Mugil cephalus or any recognized synonym. The various life stages of striped mullet are known as pua, kahaha, ‘ama‘ama, or ‘anae. "Take" means to fish for, catch, capture, confine, or harvest, or to attempt to fish for, catch, capture, confine, or harvest, aquatic life. The use of any gear, equipment, tool, or any means to fish for, catch, capture, confine, or harvest, or to attempt to fish for, catch, capture, confine, or harvest, aquatic life by any person who is in the water, or in a vessel on the water, or on or about the shore where aquatic life can be fished for, caught, captured, confined, or harvested, shall be construed as taking. "Terminal-phase uhu" means any uhu characterized by the presence of bright green or blue markings or a predominantly green or blue body coloration, often with bright pink, orange, or yellow patches. "Uhu" means any fish belonging to the family Scaridae or any recognized synonyms. Uhu is a general term for parrotfish. "Uhu ‘ahu‘ula" means any fish known as Chlorurus perspicillatus or any recognized synonym that has not reached its terminal phase. Uhu ‘ahu‘ula have a grayish brown body with reddish fins and a broad white band at the base of the tail. The terminal phase of these fish are known as uhu uliuli. Both uhu ‘ahu‘ula and uhu uliuli are known as spectacled parrotfish or fantail uhu. "Uhu ‘ele‘ele" means any fish known as Scarus rubroviolaceus or any recognized synonym that has reached its terminal phase, indicated by a change in coloration from a predominantly brownish-red or

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yellowish-gray body with reddish fins, to a predominantly green or blue-green body color with a green beak. Both uhu ‘ele‘ele and uhu pālukaluka are known as redlip or ember parrotfish or whiptail uhu. "Uhu pālukaluka" means any fish known as Scarus rubroviolaceus or any recognized synonym that has not reached its terminal phase. Uhu pālukaluka have a predominantly brownish-red or yellowish gray body with reddish fins. The terminal phase of these fish are known as uhu ‘ele‘ele. Both uhu pālukaluka and uhu ‘ele‘ele are known as redlip or ember parrotfish or whiptail uhu. "Uhu uliuli" means any fish known as Chlorurus perspicillatus or any recognized synonym that has reached its terminal phase, indicated by a change in coloration from a grayish brown body with reddish fins and a broad white band at the base of the tail, to a blue-green body with a dark band across the top of the snout and the lack of a white tail band. Both uhu uliuli and uhu ‘ahu‘ula are known as spectacled parrotfish or fantail uhu. "Uku" means any fish known as Aprion virescens or any recognized synonym. Uku are also known as uku palu, green jobfish, gray jobfish, blue-green snapper, Hawaiian blue-green snapper, gray snapper, slender snapper, or aochibiki. "Ula" means any spiny lobster of the genus Panulirus. Ula are also known as lobster, Hawaiian spiny lobster, spiny lobster, red lobster, or green lobster. "Ula pāpapa" means any crustacean of the species Scyllarides squammosus or Scyllarides haanii, or any recognized synonym. Ula pāpapa are also known as ula ‘āpapapa, slipper lobster, ridgeback slipper lobster, or shovel-nosed lobster. "‘Ula‘ula koa‘e" means any fish known as Etelis coruscans or any recognized synonym. ‘Ula‘ula koa‘e are also known as koa‘e, onaga, long-tail red snapper, ruby snapper, scarlet snapper, or hamadai. "Ulua" means any fish known as Caranx ignobilis, Caranx lugubris, Caranx melampygus, Caranx sexfasciatus, Carangoides equula, Carangoides ferdau,

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§13-95-2

Carangoides orthogrammus, or any recognized synonym. The young of these species are also known as pāpio. "Weke ‘ā" means any fish known as Mulloidichthys flavolineatus or any recognized synonym. Weke ‘ā are also known as goatfish or yellowstripe goatfish. The young of this fish are known as ‘oama. [Eff 12/03/98; am 1/11/02; am 12/09/02; am 12/19/02; am 5/01/14; am 10/19/18; am and comp 1/31/21; am and comp 2/22/24] (Auth: HRS §§187A-3.5, 187A-5, 190-3) (Imp: HRS §§187A-3.5, 187A-5, 190-3)

§13-95-1.1 Licenses, permits, and other exemptions. Notwithstanding the provisions of this chapter, the department may issue the following licenses and permits to exempt persons from the provisions of this chapter: (1) Licenses issued pursuant to sections 187A- 3.5, 188-44, 188-57, or 189-6, HRS; (2) Permits issued pursuant to sections 187A-6, 188-23, 188-37, 188-68, or 190-4, HRS; or (3) As may be otherwise provided by law. [Eff 12/19/02; am 5/01/14; comp 1/31/21; comp 2/22/24] (Auth: HRS §§187A-3.5, 187A-6, 188-44, 188-45, 188-57, 188-68, 190-3) (Imp: HRS §§187A-3.5, 187A-6, 188-23, 188-37, 188- 44, 188-45, 188-57, 188-68, 190-4)

§13-95-2 Penalty. (a) A person violating any section of this chapter may be subject to any applicable criminal or administrative penalties or both. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. (b) For the purpose of calculating the administrative penalties for violations of this chapter, if a fine per specimen may be applicable,

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§13-95-2

fines per specimen may be imposed on the following basis: (1) For finfish, each individual; (2) For invertebrates, not including stony corals or live rock, each individual; (3) For solitary (having a single polyp) stony corals, each individual; (4) For colonial stony corals: (A) Each damaged head or colony less than one square meter in surface area; or (B) For a colony greater than one square meter in surface area, each square meter of colony surface area and any fraction remaining constituting an additional specimen; (5) For live rocks, each individual; but if the violation involves greater than one square meter of bottom area, on the basis of each square meter of bottom area. [Eff 12/03/98; am 5/01/14; comp 1/31/21; comp 2/22/24] (Auth: HRS §§187A-5, 190-3) (Imp: HRS §§183C-7, 187A-5, 187A-12.5, 187A-13, 188- 53, 188-70, 189-4, 190-5)

§13-95-3 Severability. If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [Eff 12/3/98; comp 1/31/21; comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §§187A-5, 1-23)

§13-95-4 Āholehole. It is unlawful for any person to take, possess, or sell any āholehole less than five inches in length. [Eff 12/03/98; am

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12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-5 Manini. It is unlawful for any person to take, possess, or sell any manini less than six inches in length. [Eff 12/03/98; am 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-6 Moano. It is unlawful for any person to take, possess, or sell any moano less than seven inches in length. [Eff 12/03/98; am 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-7 Kūmū. It is unlawful for any person to take, possess, or sell any kūmū less than ten inches in length. [Eff 12/03/98; am 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-8 ‘Ama‘ama (striped mullet). (a) It is unlawful for any person to take, possess, or sell any pua, kahaha, or ‘ama‘ama less than eleven inches in length except as provided in subsection (b) of this section. (b) It is unlawful for any person to wilfully fish for, or attempt to take by any means whatsoever, from any of the waters within the jurisdiction of the State, or to sell, or have in possession any pua, kahaha, ‘ama‘ama, or ‘anae during the months of December, January, February, and March; provided that any owner or operator of a fish pond may lawfully catch pua during the closed season, for the purpose of

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stocking the owner's or operator's pond; and provided further that any owner or operator of a fish pond or any commercial marine dealer may lawfully sell pond- raised pua, kahaha, ‘ama‘ama, or ‘anae during the closed season after first procuring a license to do so pursuant to sections 13-74-40 or 13-74-43. [Eff 12/03/98; am 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-9 Awa. It is unlawful for any person to take, possess, or sell any awa less than nine inches in length. [Eff 12/03/98; am 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-10 ‘Ō‘io. It is unlawful for any person to take, possess, or sell any ‘ō‘io less than fourteen inches in length. [Eff 12/03/98; am 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-11 Kala. (a) It is unlawful for any person to take, possess, or sell any kala less than fourteen inches in length. (b) Subject to subsections (e) and (g), it is unlawful for any person to take more than four kala per day or possess more than four kala at any one time. (c) It is unlawful for any person to take kala for a commercial purpose without a valid commercial kala fishing permit. (d) The department shall, upon receipt of a valid application and appropriate fee payment, issue a commercial kala fishing permit to any individual who possesses a valid commercial marine license. The fee for the issuance or renewal of a commercial kala

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§13-95-11

fishing permit shall be $100. A commercial kala fishing permit shall be valid from the date of issuance and shall expire on the expiration date of the permittee's commercial marine license. (e) A commercial kala fishing permittee participating in a commercial kala fishing trip may take more than four kala per day, and possess more than four kala at any one time, provided that: (1) Commercial harvest or sale of kala shall be prohibited when the commercial kala fishing season is closed pursuant to subsection (h); and (2) The department may establish additional restrictions on the commercial take or possession of kala pursuant to adaptive management authority under §187A-5(b), HRS. (f) It is unlawful for any commercial marine dealer to purchase, obtain, exchange, transfer, possess, or sell kala unless the commercial marine dealer has registered with the department as a commercial kala dealer. (g) A registered commercial kala dealer may purchase, obtain, exchange, transfer, possess and sell more than four kala if in compliance with section 189- 11, HRS, provided that no kala may be purchased, obtained, exchanged, transferred, possessed, or sold when the commercial kala fishing season is closed pursuant to subsection (h), provided further that kala legally obtained prior to the date of closure may be possessed and sold after the date of closure. (h) There is established an annual catch limit (ACL) of 15,000 pounds for the commercial kala fishery. Commercial kala catch shall be tallied beginning in August of each year. When the ACL is reached, the department shall notify commercial kala fishing permittees and registered commercial kala dealers that the commercial kala fishing season will close. Notice shall be made in writing by mail or email to the address on file with the department no less than three days prior to the closure of the season. [Eff 12/03/98; am 12/19/02; comp 1/31/21; am

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and comp 2/22/24] (Auth: HRS §§187A-5, 190-3) (Imp: HRS §§187A-5, 188-53, 190-4)

§13-95-12 Kala ‘ōpelu. It is unlawful for any person to take, possess, or sell any kala ‘ōpelu less than sixteen inches in length. [Eff 12/03/98; am 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-13 ‘Ōpakapaka. (a) It is unlawful for any person to possess with the intent to sell, or offer for sale, any ‘ōpakapaka less than one pound in weight. (b) It is unlawful for any person to take with spear or possess any speared ‘ōpakapaka less than one pound in weight. [Eff 12/3/98; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-14 ‘Ula‘ula koa‘e (onaga). (a) It is unlawful for any person to possess with the intent to sell, or offer for sale, any ‘ula‘ula koa‘e less than one pound in weight. (b) It is unlawful for any person to take with spear or possess any speared ‘ula‘ula koa‘e less than one pound in weight. [Eff 12/3/98; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-15 Uku. (a) It is unlawful for any person to possess with the intent to sell, or offer for sale, any uku less than one pound in weight. (b) It is unlawful for any person to take with spear or possess any speared uku less than one pound

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in weight. [Eff: 12/3/98; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-16 Uhu (parrotfish). (a) It is unlawful for any person to take, possess, or sell any uhu ‘ele‘ele, uhu uliuli, uhu pālukaluka, or uhu ‘ahu‘ula less than fourteen inches in length. (b) Any other department size restriction notwithstanding, subject to subsection (a), it is unlawful for any person to take, possess, or sell any other uhu less than ten inches in length. (c) Subject to subsections (f) and (h), it is unlawful for any person to take more than two uhu of any variety per day or possess more than two uhu of any variety at any one time. (d) It is unlawful for any person to take uhu for commercial purposes without a valid commercial uhu fishing permit. (e) The department shall, upon receipt of a valid application and appropriate fee payment, issue a commercial uhu fishing permit to any individual who possesses a valid commercial marine license. The fee for the issuance or renewal of a commercial uhu fishing permit shall be $100. A commercial uhu fishing permit shall be valid from the date of issuance and shall expire on the expiration date of the permittee's commercial marine license. (f) A commercial uhu fishing permittee participating in a commercial uhu fishing trip may take more than two uhu per day, and possess more than two uhu at any one time, provided that: (1) No species of uhu other than uhu pālukaluka and uhu ‘ele‘ele may be taken or possessed on a commercial uhu fishing trip; (2) Commercial harvest or sale of uhu shall be prohibited when the commercial uhu fishing season is closed pursuant to subsection (i); and (3) The department may establish additional restrictions on the commercial take or

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possession of uhu pursuant to adaptive management authority under §187A-5(b), HRS. (g) It is unlawful for any commercial marine dealer to purchase, obtain, exchange, transfer, possess, or sell uhu unless the commercial marine dealer has registered with the department as a commercial uhu dealer. (h) A registered commercial uhu dealer may purchase, obtain, exchange, transfer, possess, and sell more than two uhu if in compliance with section 189-11, HRS, provided that: (1) No species of uhu other than uhu pālukaluka and uhu ‘ele‘ele may be purchased, obtained, exchanged, transferred, possessed, or sold; and (2) No uhu may be purchased, obtained, exchanged, transferred, possessed, or sold when the commercial uhu fishing season is closed pursuant to subsection (i), provided further that uhu legally obtained prior to the date of closure may be possessed and sold after the date of closure. (i) There is established an annual catch limit (ACL) of 30,000 pounds for the commercial uhu fishery. Commercial uhu catch shall be tallied beginning in June of each year. When the ACL is reached, the department shall notify commercial uhu fishing permittees and registered commercial uhu dealers that the commercial uhu fishing season will close. Notice shall be made in writing by mail or email to the address on file with the department no less than three days prior to the closure of the season. [Eff 12/03/98; am 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §§187A-5, 190-3) (Imp: HRS §§187A-5, 188-53, 190-4)

§13-95-17 ‘Ahi. (a) It is unlawful for any person to possess with the intent to sell, or offer for sale, any ‘ahi less than three pounds in weight.

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(b) It is unlawful for any person to take with spear or possess any speared ‘ahi less than three pounds in weight. [Eff: 12/3/98; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-18 ‘Ōpelu. It is unlawful for any person at any time, to fish for or take, or be engaged in fishing or taking ‘ōpelu with fish or animal bait, also known as "chop-chop", within the waters off the coast of South Kona, Hawai‘i Island, between the Ki‘ilae-Keokea boundary and the Kapu‘a-Kaulanamauna boundary, except with hook-and-line. [Eff 12/3/98; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A- 5) (Imp: HRS §187A-5)

§13-95-19 Akule. (a) It is unlawful for any person to take any akule measuring less than eight and one-half inches in length, with a net during the months of July, August, September, and October. (b) It is unlawful for any person, other than marine seafood dealers, to possess or sell more than two hundred pounds of akule measuring less than eight and one-half inches in length per day during July, August, September, and October; except as may be otherwise provided by law. [Eff 12/03/98; am 1/11/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A- 5) (Imp: HRS §187A-5)

§13-95-20 ‘Iao. (a) It is unlawful for any person at any time to sell, offer for sale, or trade, any dried or cured ‘iao taken from the waters within the jurisdiction of the State. (b) It is unlawful for any person to fish for, catch, or take in or from any of the waters within the jurisdiction of the State any ‘iao; provided that the department may issue licenses pursuant to section 13-

95-17

§13-95-20

74-22, to take ‘iao for use as bait only. [Eff: 12/3/98; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§13-95-21 Nehu. (a) It is unlawful for any person at any time to sell, offer for sale, or trade, any dried or cured nehu taken from the waters within the jurisdiction of the State. (b) It is unlawful for any person to fish for, catch, or take in or from any of the waters within the jurisdiction of the State any nehu; provided that the department may issue licenses pursuant to section 13- 74-22, to take nehu for use as bait only and as may be otherwise allowed under chapter 13-90. [Eff 12/3/98; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A- 5) (Imp: HRS §187A-5)

§13-95-22 Ulua. (a) It is unlawful for any person to take or possess any ulua less than ten inches in length. (b) It is unlawful for any person to sell any ulua less than sixteen inches in length. (c) It is unlawful for any person to take or possess more than twenty ulua measuring more than ten inches in length per day; provided that a commercial marine licensee may take, possess, and sell more than twenty such ulua; and further provided that a commercial marine dealer may possess and sell more than twenty such ulua with receipts issued for the purchase pursuant to section 189-11, HRS. [Eff 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

Historical Note: Section 13-95-22 is based substantially upon Chapter 87 of Title 13. [Eff 5/26/81; am 1/25/82; R 12/19/02] Chapter 87 of Title 13 was based substantially upon Regulation 19 of the Division of Fish and Game, Department of Land and

95-18

§13-95-24

Natural Resources, State of Hawaii. [Eff 3/28/58; am 10/6/58; R 5/26/81]

§13-95-23 Moi. (a) It is unlawful for any person to take, possess, or sell any moi less than eleven inches in length. (b) It is unlawful for any person to take, possess, or sell more than fifteen moi per day during September through May; provided that a commercial marine dealer may possess and sell more than fifteen moi with receipts issued for the purchase pursuant to section 189-11, HRS. (c) It is unlawful for any person to take, possess, or sell any moi during June, July, and August. [Eff 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

Historical Note: Section 13-95-23 is based substantially upon Chapter 88 of Title 13. [Eff 5/26/81; am and comp 12/20/86; R 12/19/02] Chapter 88 of Title 13 was based substantially upon Regulation 20 [Eff: 3/20/58; am 10/6/58; am 7/9/59; am 5/4/68; R 5/26/81] and Regulation 21 [Eff: 3/28/58; am 10/6/58; am 7/9/59; R 5/26/81] of the Division of Fish and Game, Department of Land and Natural Resources, State of Hawaii.

§13-95-24 Weke ‘ā. (a) It is unlawful for any person to take or possess more than fifty weke ‘ā less than seven inches in length per day. (b) It is unlawful for any person to sell any weke ‘ā less than seven inches in length. [Eff 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

Historical Note: Section 13-95-24 is based substantially upon Chapter 88 of Title 13. [Eff 5/26/81; am and comp 12/20/86; R 12/19/02] Chapter 88

95-19

§13-95-24

of Title 13 was based substantially upon Regulation 20 [Eff: 3/20/58; am 10/6/58; am 7/9/59; am 5/4/68; R 5/26/81] and Regulation 21 [Eff: 3/28/58; am 10/6/58; am 7/9/59; R 5/26/81] of the Division of Fish and Game, Department of Land and Natural Resources, State of Hawaii.

§13-95-25 Kole. It is unlawful to take, possess, or sell any kole less than five inches in length. [Eff and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

§§13-95-26 to 13-95-49 (Reserved)

§13-95-50 Pāpa‘i kūhonu (white crab). (a) It is unlawful for any person to possess with the intent to sell, or offer for sale, any pāpa‘i kūhonu less than four inches in length or in width across or along its back. (b) It is unlawful for any person to take, possess, or sell any pāpa‘i kūhonu with eggs. Any pāpa‘i kūhonu with eggs caught must immediately be returned to the waters from which the crab was taken. The possession of any pāpa‘i kūhonu, showing indications of its eggs having been scraped or removed is prima facie evidence of a violation of this section. (c) It is unlawful for any person to pursue, take, or kill any pāpa‘i kūhonu in the State with a spear. (d) It is unlawful for any person to offer for sale any speared pāpa‘i kūhonu. [Eff 12/3/98; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

95-20

§13-95-51

§13-95-51 Pāpa‘i kualoa (Kona crab). (a) It is unlawful for any person to take, possess, or sell any pāpa‘i kualoa less than four inches in carapace length. (b) It is unlawful for any person to take, possess, or sell any pāpa‘i kualoa taken from the waters within the jurisdiction of the State from May through September. (c) The possession of any pāpa‘i kualoa from May through September by any person is prima facie evidence that the person is guilty of a violation of this section; provided that any commercial marine dealer may sell, or any hotel, restaurant, or other public eating house may serve pāpa‘i kualoa lawfully caught during the open season by first procuring a license to do so pursuant to section 13-74-41. (d) It is unlawful for any person to take, possess, or sell any pāpa‘i kualoa with eggs. Any pāpa‘i kualoa with eggs caught must immediately be returned to the waters from which the crab was taken. The possession of any pāpa‘i kualoa showing indications of its eggs having been scraped or removed is prima facie evidence of a violation of this section. (e) It is unlawful for any person to pursue, take, or kill any pāpa‘i kualoa in the State with a spear. (f) It is unlawful for any person to possess or sell any speared pāpa‘i kualoa. [Eff 12/03/98; am 12/19/02; am and comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §§187A-5, 188-57)

§13-95-52 Samoan crab. (a) It is unlawful for any person to take, possess, or sell any Samoan crab less than six inches in width measured across the carapace or back. (b) It is unlawful for any person to take, kill, possess, or sell any Samoan crab with eggs. Any

95-21

§13-95-52

Samoan crab with eggs caught must immediately be returned to the waters from which the Samoan crab was taken. The possession of any Samoan crab, showing indications of its eggs having been scraped or removed is prima facie evidence of a violation of this section. (c) It is unlawful for any person to pursue, take, or kill any Samoan crab in the State with a spear. (d) It is unlawful for any person to possess or sell any speared Samoan crab. (e) It is unlawful for any person to take or kill any female Samoan crab. [Eff 12/3/98; am and comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A- 5) (Imp: HRS §187A-5)

Historical note: Subsection 13-95-52(a) is based substantially upon chapter 84 of title 13. [Eff 5/26/81; am 1/25/82; R 1/31/21] Chapter 84 of Title 13 was based substantially upon Regulation 14 of the Division of Fish and Game, Department of Land and Natural Resources, State of Hawaii. [Eff 11/25/41 (Governor’s approval date); am 7/28/47; am and ren 3/28/58; R 5/26/81]

§13-95-53 Ula (spiny lobster). (a) It is unlawful for any person to take, kill, possess, or sell any ula less than three and one-fourth inches in carapace length, measured in a straight line along the carapace or head, from the ridge between the two largest spines above the eyes to the rear edge of the carapace. (b) It is unlawful for any person to take, kill, possess, or sell any ula taken from the waters within the jurisdiction of the State during the months of May, June, July, and August. (c) The possession of any ula by any person during the months of May, June, July, and August is prima facie evidence that the person is guilty of a violation of this section; provided that any

95-22

§13-95-53

commercial marine dealer may sell, or any hotel, restaurant, or other public eating house may serve ula lawfully caught during the open season by first procuring a license to do so pursuant to section 13- 74-41. (d) It is unlawful for any person to take, kill, possess, or sell any ula with eggs. Any ula with eggs caught must immediately be returned to the waters from which the ula was taken. The possession of any ula showing indications of its eggs having been scraped or removed is prima facie evidence of a violation of this section. (e) It is unlawful for any person to pursue, take, or kill any ula in the State with a spear. (f) It is unlawful for any person to possess or sell any speared ula. (g) It is unlawful for any person to possess or sell any ula in a condition where the body is mutilated, or the carapace and tail are separated. (h) It is unlawful for any person to take or kill any female ula. [Eff 12/3/98; am and comp 1/31/21; am and comp 2/22/24] (Auth: HRS §§187A-5, 188-53) (Imp: HRS §§187A-5, 188-57)

Historical note: Subsections 13-95-53(a) and (g) are based substantially upon Chapter 89 of Title 13. [Eff 5/26/81; am 6/6/83; am 6/25/84; am and comp 2/6/87; am and comp 5/5/88; am and comp 8/14/89; R 1/31/21] Chapter 89 of Title 13 was based substantially upon Regulation 22 of the Division of Fish and Game, Department of Land and Natural Resources, State of Hawaii. [Eff 3/28/58; am 10/6/58; am 7/9/59; am 7/18/59 (Governor’s approval date); am 9/17/60 (Governor’s approval date); am 8/4/78; R 5/26/81]

§13-95-54 Ula pāpapa (slipper lobster). (a) It is unlawful for any person to take, kill, possess, or sell any ula pāpapa less than two and three-fourths inches in tail width, measured in a straight line

95-23

§13-95-54

across the widest spot of the tail between the first and second abdominal segments. (b) It is unlawful for any person to take, kill, possess, or sell any ula pāpapa taken from the waters within the jurisdiction of the State during the months of May, June, July, and August. (c) The possession of any ula pāpapa by any person during the months of May, June, July, and August is prima facie evidence that the person is guilty of a violation of this section; provided that any commercial marine dealer may sell, or any hotel, restaurant, or other public eating house may serve ula pāpapa lawfully caught during the open season by first procuring a license to do so pursuant to section 13- 74-41. (d) It is unlawful for any person to take, kill, possess, or sell any ula pāpapa with eggs. Any ula pāpapa with eggs caught must immediately be returned to the waters from which the ula pāpapa was taken. The possession of any ula pāpapa showing indications of eggs having been scraped or removed is prima facie evidence of a violation of this section. (e) It is unlawful for any person to pursue, take, or kill any ula pāpapa in the State with a spear. (f) It is unlawful for any person to possess or sell any speared ula pāpapa. (g) It is unlawful for any person to possess or sell any ula pāpapa in a condition where the body is mutilated, or the carapace and tail are separated. [Eff 12/3/98; am and comp 1/31/21; am and comp 2/22/24] (Auth: HRS §§187A-5, 188-53) (Imp: HRS §§187A-5, 188-57)

Historical note: Subsections 13-95-54(a) and (g) are based substantially upon chapter 89 of title 13 [Eff 5/26/81; am 6/6/83; am 6/25/84; am and comp 2/6/87; am and comp 5/5/88; am and comp 8/14/89; R 1/31/21] Chapter 89 of title 13 was based substantially upon regulation 22 of the Division of Fish and Game, Department of Land and Natural Resources, State of Hawaii. [Eff 3/28/58; am 10/6/58; am 7/9/59; am

95-24

§13-95-70

7/18/59 (Governor’s approval date); am 9/17/60 (Governor’s approval date); am 8/4/78; R 5/26/81]

§13-95-55 He‘e (tako). It is unlawful for any person to take, possess, or sell any he‘e less than one pound in weight. [Eff 12/19/02; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

Historical Note: Section 13-95-55 is based substantially upon Chapter 86 of Title 13. [Eff 5/26/81; R 12/19/02] Chapter 86 of Title 13 was based substantially upon Regulation 18 of the Division of Fish and Game, Department of Land and Natural Resources, State of Hawaii. [Eff 3/28/58; am 10/6/58; R 5/26/81]

§13-95-70 Stony corals. (a) Except as otherwise provided in this section or authorized by law: (1) Subject to subsections (b) and (c), it is unlawful for any person to take, break, or damage any stony coral, except as provided in sections 171-58.5 and 205A-44, HRS; (2) It is unlawful for any person to damage any stony coral by any intentional or negligent activity causing the introduction of sediment, biological contaminants, or pollution into state waters; (3) It is unlawful for any person to sell any stony coral; except that stony coral rubble pieces or fragments imported for the manufacture and sale of coral jewelry, or dead stony coral obtained through legal dredging operations in Hawaii for agricultural or other industrial uses, may be sold.

95-25

§13-95-70

(b) No liability shall be imposed under subsection (a)(1) of this section for inadvertent breakage, damage, or displacement of an aggregate area of less than one half square meter of coral if caused by: (1) A vessel with a single anchor damage incident, in an area where anchoring is not otherwise prohibited, and not more frequently than once per year; or (2) Accidental physical contact by an individual person. (c) The department may authorize damage to stony corals for the development or operation of renewable energy projects and shall require mitigation to offset any stony coral losses. (d) Any person found in violation of any provision of this section pursuant to a criminal prosecution shall be subject to penalty as provided under section 187A-13, HRS. Any person found in violation of any provision of this section pursuant to civil or administrative action shall be subject to penalty as provided under section 187A-12.5, HRS. [Eff 12/03/98; am 12/09/02; am 5/01/14; am 10/19/18; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §§187A- 5, 189-6, 190-3) (Imp: HRS §§187A-6, 187A-12.5, 187A- 13, 188-68, 189-6, 190-1, 190-3, 190-5)

§13-95-71 Live rocks. (a) Except as otherwise provided in this section or authorized by law: (1) Subject to subsections (b) and (c), it is unlawful for any person to take, break, or damage any live rock; (2) Subject to subsection (b), it is unlawful for any person to damage any live rock by any intentional or negligent activity causing the introduction of sediment, biological contaminants, or pollution into state waters; and (3) It is unlawful for any person to sell any live rock.

95-26

§13-95-71

(b) No liability shall be imposed under subsections (a)(1) or (a)(2) of this section for inadvertent breakage, damage, or displacement of an aggregate area of less than one square meter of live rock bottom cover. (c) The department may authorize damage to live rock for the development or operation of renewable energy projects and shall require mitigation to offset any live rock losses. (d) Any person found in violation of any provision of this section pursuant to a criminal prosecution shall be subject to penalty as provided under section 187A-13, HRS. Any person found in violation of any provision of this section pursuant to civil or administrative action shall be subject to penalty as provided under section 187A-12.5, HRS. [Eff 12/03/98; am 12/09/02; am 5/01/14; am 10/19/18; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §§187A- 5, 189-6, 190-3) (Imp: HRS §§187A-6, 187A-12.5, 187A- 13, 188-68, 189-6, 190-1, 190-3, 190-5)

95-27

DEPARTMENT OF LAND AND NATURAL RESOURCES

Amendment and compilation of chapter 13-95, Hawaii Administrative Rules, on the Summary Page dated December 15, 2023, was adopted on December 15, 2023, following three public hearings held on August 1-3, 2023, after public notice was given in the Garden Island and the West Hawaiʻi Today on July 1, 2023 and in the Honolulu Star-Advertiser and the Hawaiʻi Tribune Herald on July 2, 2023 and one public hearing held on August 7, 2023, after public notice was given in the Honolulu Star- Advertiser on July 7, 2023.

This amendment and compilation of chapter 13-95 shall take effect ten days after filing with the Office of the Lieutenant Governor.

/s/ DAWN N.S. CHANG _____________________________ DAWN N.S. CHANG, Chairperson Department of Land and Natural Resources

APPROVED:

/s/ JOSH GREEN, M.D. _____________________________ JOSH GREEN, M.D. Governor, State of Hawai‘i

Dated: February 12, 2024_____ APPROVED AS TO FORM:

/s/ COLIN J. LAU ________________________ COLIN J. LAU February 12, 2024 Deputy Attorney General _____________________________ Filed