HAR §13-60.10-1. Purpose

The purpose of this chapter regarding the Miloli‘i Community-Based Subsistence Fishing Area is to: (1) Sustainably support the consumptive needs of communities along the southwest coast of Hawai‘i Island through culturally-rooted, community-based fisheries management; (2) Ensure the sustainability of nearshore ocean resources in the area through effective management practices, including the establishment of limits on the harvest of aquatic life; §13-60.10-1 UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 60.10-2 (3) Recognize and protect customary and traditional native Hawaiian fishing practices that are exercised for subsistence, cultural, and religious purposes in the area; (4) Facilitate the substantive involvement of the community in fisheries resource management decisions for the area through dialogue with community residents and resource users; (5) Establish the Pu‘uhonua Pāpā, Pu‘uhonua Honomalino, Pu‘uhonua Kapu‘a, and Pu‘uhonua Manukā to reduce fishing pressure in these areas in order to replenish populations of important fish species while also allowing for sustainable harvest; (6) Establish the Pāku‘iku‘i Rest Area for the preservation and protection of this nursery habitat for pāku‘iku‘i as an important food fish for community families; (7) Establish Puakai‘a Miloli‘i as an ocean classroom where the community can continue to impart intergenerational knowledge of traditional cultural ocean practices to future generations while maintaining crucial ocean entrypoints for the community; and (8) Establish the ‘Ōpelu Traditional Management Zone to ensure local ‘ōpelu fish stocks are maintained according to traditional practices as an essential resource for the Miloli‘i community and to honor the rich heritage and generational practice of ‘ōpelu fishing in Miloli‘i. [Eff 8/13/22](Auth: HRS §§188-22.6, 188-22.7, 188-53, 190-3) (Imp: HRS §§188-22.6, 188-22.7 188-53, 190-3, Haw. Const. art. XI, §6) (9) 13-60.10-2 Definitions. As used in this chapter, unless otherwise provided: §13-60.10-1 UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 60.10-3 "‘A‘ama crab" means a black, edible intertidal crab species that runs over shore rocks, known as Grapsus tenuicrustatus or any recognized synonym. "Akule" means any fish identified as Selar crumenophthalmus or other recognized synonyms. This fish is also known as pā‘ā‘ā, halalū, hahalalū, and big-eyed scad. "‘Ālinalina" means any limpet known as Cellana sandwicensis or any recognized synonym. ‘Ālinalina are also known as yellow foot ‘opihi. "Aquarium fishing" means taking marine life for aquarium purposes. "Aquarium purposes" means to hold marine life alive in a state of captivity, whether as pets, for scientific study, for public exhibition, for public display, or for sale for these purposes. "Area" means the Miloli‘i Community-Based Subsistence Fishing Area (Miloli‘i CBSFA), as encompassed within the boundaries described in section 13-60.10-3(a). "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 sale, landed, or transported for sale anywhere in the State. "Department" means the department of land and natural resources. "Diving" means any activity conducted in the water involving the use of a mask, goggles, or any other device that assists a person to see underwater while the person's face is submerged and can involve an underwater breathing apparatus. Diving includes both extractive and non-extractive activities, such as SCUBA diving, free diving, and snorkeling. "Fish" means any species of marine life with a backbone, gills, and with limbs that are fins, if any. "Fishing" or "to fish" means catching, taking, or harvesting, or attempting to catch, take, or harvest, aquatic life. The use of a pole, line, hook, net, trap, spear, or other gear which is designed to catch, take, or harvest aquatic life, by any person who is in §13-60.10-2 UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 60.10-4 the water, or in a vessel on the water, or on or about the shore where aquatic life can be caught, taken, or harvested, shall be deemed to be fishing. "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. "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. "Kō‘ele" means any limpet known as Cellana talcosa or any recognized synonym. Kō‘ele are also known as giant ‘opihi, talc limpet, or turtle limpet. "Kole" means any fish known as Ctenochaetus strigosus or any recognized synonym. Kole are also known as goldring surgeonfish or goldring bristletooth. "Kūmū" means any fish known as Parupeneus porphyreus or any recognized synonym. Kūmū are also known as whitesaddle goatfish. "Lay net" means a panel of net mesh that is suspended vertically in the water with the aid of a float line that supports the top edge of the net upward towards the water surface and a lead line that keeps the bottom edge of the net downward towards the ocean bottom. "Lay net fishing" or to "lay net fish" means deploying or attempting to deploy a lay net in a set location and in an open configuration, and retrieving the lay net from the same location after a certain time period has passed. This fishing method is also known as set netting, cross netting, pa‘ipa‘i, and moemoe netting. This term does not apply to the use of a lay net to completely encircle a pre-identified school of fish, where the net is constantly attended at all times while in the water, such as in the practice of surround netting. "Limu" means marine algae, including any alga in the intertidal zone, commonly known as seaweed. "Makaiauli" means any limpet known as Cellana exarata or any recognized synonym. Makaiauli are also known as black foot ‘opihi or Hawaiian blackfoot. §13-60.10-2 UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 60.10-5 "Marine life" means any type or species of saltwater fish, shellfish, mollusks, crustaceans, coral, algae, or other marine animals, including any part, product, egg, or offspring thereof; or any type or species of seaweeds or other marine plants or algae, including any part, product, seed, holdfast, or root thereof. "Moano kea" means any fish known as Parupeneus cyclostomus or any recognized synonym. Moano kea are also known as moano kali, moano ukali, moano ukali ulua, moana kali, blue goatfish, or goldsaddle goatfish. "Night" means the period between sunset and the following sunrise. "‘Ōpelu" means any fish of the genus Decapterus. ‘Ōpelu are also known as mackerel scad. "‘Opihi" means any mollusk of the genus Cellana or any recognized synonym. ‘Opihi are also known as kō‘ele, ‘ālinalina, makaiauli, or limpets. "Pāku‘iku‘i" means any fish known as Acanthurus achilles or any recognized synonym. Pāku‘iku‘i are also known as Achilles tang. "Pole spear" means a spear consisting of a straight shaft terminating in up to three pointed prongs, and to which up to two elastic bands used to propel the spear remain attached when the spear is deployed. A pole spear is deployed solely by hand and without the aid of any trigger mechanism as characteristic of a speargun or hinge gun. "Scoop net" means a net consisting of a bag of mesh material attached to a frame to hold the bag open, and a handle. The net is small enough to use with one hand by one person. This gear is also known as a hand net. "Spear" means any device or implement which is designed or used for impaling marine life. Spears may include but are not limited to spear gun shafts, arbaletes, arrows, bolts, Hawaiian slings, tridents, or three-prong spears. A dive knife is not considered to be a spear. "State" means the state of Hawai‘i. §13-60.10-2 UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 60.10-6 "Subsistence" means the customary and traditional native Hawaiian uses of renewable ocean resources for direct personal or family consumption or sharing. "Take" means to fish for, catch, injure, kill, remove, capture, confine, or harvest, or to attempt to fish for, catch, injure, kill, remove, capture, confine, or harvest. "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. "Throw net" means a circular net with a weighted outer perimeter designed to be deployed by manually casting or throwing the net over fish or other aquatic life. This gear is also known as a cast net. "Uhu" means any fish belonging to the family Scaridae or any recognized synonyms. Uhu is a general term for fish with large scales and fused, beak-like teeth, known as parrotfish. "Uhu ‘ahu‘ula" means any fish known as Chlorurus perspicillatus or any recognized synonym. Uhu ‘ahu‘ula are also known as spectacled parrotfish. The terminal phase of these fish is known as uhu uliuli. "Uhu ‘ele‘ele" means any Scarus rubroviolaceus which has reached its terminal phase, indicated by a change in coloration from brownish-red and yellowish- gray, to green and blue. A predominantly green or blue-green body color and a green beak on a specimen of Scarus rubroviolaceus is prima facie evidence that the specimen is an uhu ‘ele‘ele. Both uhu ‘ele‘ele and uhu pālukaluka are known as redlip or ember parrotfish. "Uhu pālukaluka" means any fish known as Scarus rubroviolaceus or any recognized synonym. Uhu pālukaluka are also known as redlip or ember parrotfish. The terminal phase of these fish is known as uhu ‘ele‘ele. "Uhu uliuli" means any Chlorurus perspicillatus which has reached its terminal phase, indicated by a change in coloration from a grayish brown body with a broad white band at the base of the tail, to a blue green body with a dark band across the top of the §13-60.10-2 UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 60.10-7 snout. A predominantly blue-green body color and the lack of a white tail band on a specimen of Chlorurus perspicillatus is prima facie evidence that the specimen is an uhu uliuli. Both uhu uliuli and uhu ‘ahu‘ula are known as spectacled parrotfish. "Ula" means a spiny lobster in the decapod crustacean family Palinuridae. These animals are also known as lobster, Hawaiian spiny lobster, red lobster, or green lobster. "‘Ū‘ū" means any fish of the genus Myripristis. ‘Ū‘ū are also known as soldierfish or menpachi. "Vessel" means any craft used or capable of being used as a means of transportation on or in the water. "Weke ‘ula" means any fish known as Mulloidichthys vanicolensis or any recognized synonym. Weke ‘ula are also known as yellowfin goatfish or red weke. [Eff 8/13/22] (Auth: HRS §§187A-5, 188-22.6, 188-22.7, 188-53, 190-3) (Imp: HRS §§187A-5, 188- 22.6, 188-22.7, 188-53, 190-3)