HAR §13-34-1.1
HAR §13-34-1.1. Definitions
Cite as Haw. Code R. § 13-34-1.1
As used in this
chapter, unless the context clearly indicates
otherwise:
"Akule" means any fish of the species known as
Selar crumenophthalmus. This also includes the
various life stages known as pa'a'a, hahalalu, halalu,
and mau.
"District" means the Pupukea Marine Life
Conservation District.
"Finfish" means any of various species of marine
life that uses fins to swim, not including marine
mammals or sea turtles.
"Hook-and-line" means a type of fishing gear
consisting of a length of fishing line, to which is
attached one or more hooks or other device for
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capturing marine life. A weight and a pole may also
be used to aid in the placement of the fishing line in
the water.
"Limu kohu" means any seaweed known as
Asparagopsis taxiformis or a recognized synonym.
"Limu lipe'epe'e" means any seaweed known as
Chondrophycus dotyi, C. succisus, C. undulatus,
Palisada parvipapillata, or a recognized synonym.
"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.
"Opelu" means any fish of the species known as
Decapterus macarellus or a recognized synonym.
"'Opihi" means any mollusk of the genus Cellana
or a recognized synonym. The animal is also known as
ko'ele, alinalina, maka-ia-uli, and limpet.
"Personal safety" means any defensive action that
a person or persons may engage in to prevent life
threatening injury or death.
"Snag" means to engage in the act of pulling on a
line that is attached to one or more hooks quickly
enough across a fish for the purpose of hooking the
fish anywhere except by the mouth.
"Spear" means any fishing device consisting of a
straight rigid shaft with one or more sharpened points
at one end of the shaft, along with any device that
aids in the aiming accuracy or the force of propulsion
of the shaft. A spear includes, but is not limited
to, spear gun, bow and arrow, Hawaiian sling, and
three-prong spear. A spear also includes any similar
device that is capable of impaling aquatic life to
allow capture, with or without the aid of artificial
propulsion.
"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
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shore where aquatic life can be fished for, caught,
captured, confined, or harvested, shall be construed
as taking.
"Trap" means any of various fishing devices of
mesh, perforated, or solid material made into the
shape of a box, container, or enclosure, with one or
more openings that allow aquatic life to enter into
the interior of the box, container, or enclosure, but
restrict exit out, thereby capturing the aquatic life
within. [Eff and comp 3/25/02; am and comp 9/8/03; am
and comp 8/27/21] (Auth: HRS §190-3) (Imp: HRS
§§190-1, 190-2, 190-3)