HAR §13-60.10-4. Permitted and prohibited activities

(a) Nothing in this chapter shall be construed as abridging traditional and customary native Hawaiian rights or as allowing within the Miloli‘i CBSFA any activity or fishing gear otherwise prohibited by law or rules adopted by the department of land and natural resources or any other department of the State. (b) It is unlawful for any person to engage in the act of aquarium fishing or to take marine life for aquarium purposes within the Area. §13-60.10-4 UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 60.10-12 (c) Except as provided in section 5, the following species-specific restrictions apply within the Miloli‘i CBSFA: (1) It is unlawful to take or possess any female ‘a‘ama crab with eggs. (2) It is unlawful to take or possess: (A) Any kole during the months of March through June; (B) More than twenty kole per person per day; or (C) Any kole less than five inches in length. (3) It is unlawful to take or possess any kō‘ele. (4) It is unlawful to take or possess more makaiauli and ‘ālinalina (with shell attached) than can fit in a one-gallon size bag per person per day. (5) At any time before July 1, 2027, it is unlawful to take or possess any pāku‘iku‘i. (6) Notwithstanding any other more restrictive law applicable to the taking of pāku‘iku‘i, at any time on or after July 1, 2027, it is unlawful to take or possess: (A) More than five pāku‘iku‘i per person per day; or (B) Any pāku‘iku‘i less than five inches in length. (7) It is unlawful to: (A) Spear any uhu at night using any gear type; (B) Take or possess any uhu ‘ele‘ele or any uhu uliuli at any time; (C) Take or possess any uhu ‘ahu‘ula or uhu pālukaluka during the months of March through May; (D) Take or possess any uhu ‘ahu‘ula or uhu pālukaluka less than fourteen inches in length or more than twenty inches in length; (E) Take or possess more than one uhu ‘ahu‘ula or uhu pālukaluka (one fish §13-60.10-4 UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 60.10-13 total) per person per day during the months of June through February; or (F) Take or possess more than three total of any other uhu per person per day, provided that only one may be a terminal-phase uhu. (8) It is unlawful to take or possess more than two ula per person per day. (9) It is unlawful to take or possess any ‘ū‘ū from April through June. [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) §13-60.10-5 Activities prohibited within selected areas. (a) While within the ‘Ōpelu Traditional Management Zone as described in section 13-60.10-3(b)(1), it is unlawful to take any ‘ōpelu using any method other than hook-and-line fishing from February through August. (b) While within the four Pu‘uhonua as described in section 13-60.10-3(b), paragraphs -(2), -(5), -(6), and -(7), all fishing is prohibited except: (1) Fishing from shore using throw net, scoop net, and hook-and-line fishing methods; (2) Fishing from a vessel using hook-and-line fishing method; (3) Fishing using a pole spear; and (4) Fishing for akule using nets in compliance with chapters 13-60.4, 13-75, and 13-95. (c) While within the four Pu‘uhonua as described in section 13-60.10-3(b), paragraphs -(2), -(5), -(6), and -(7), it is unlawful to: (1) Harvest any ‘opihi; or (2) Fish using any gear or method other than specifically allowed in section 5(b). (d) While within the Pāku‘iku‘i Rest Area, it is unlawful to take or possess any pāku‘iku‘i. (e) While within Puakai‘a Miloli‘i, it is unlawful to: §13-60.10-5 UNOFFICIAL COPY An official copy can be obtained from DLNR (808) 587-0100 60.10-14 (1) Use or possess any spear except for a pole spear; (2) Spear any uhu, pāku‘iku‘i, weke ‘ula, moano kea, or ‘ū‘ū; or (3) Fish using a lay net at night. [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) §13-60.10-6 Transit through Miloli‘i CBSFA with restricted gear and species. Prohibited gear and restricted species as described in sections 13-60.10-4 and 13-60.10-5 may be possessed while onboard a vessel in active transit through the areas, provided that no prohibited gear is in the water during the transit. Boats that are adrift, anchored, or moored are not considered to be in active transit with the exception of vessels in line for the boat ramp and vessels actively loading and unloading at the wharf or on shore. [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)