HAR §13-74-1. Definitions

As used in this chapter, unless otherwise provided: "Aquatic life" means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, products, and other parts thereof. "Baitfish" means any of the species listed in section 13-74-22. "Baitfishing report" means a monthly report that is furnished to the department with respect to any baitfish taken. "Bottomfish fishing activity" means those fishing activities associated with the taking of bottomfish while on a vessel. "Catch report" means a monthly report that every commercial marine licensee shall furnish to the department with respect to the marine life taken. "Commercial marine dealer" means any person who sells or exchanges, or who is an agent in the transfer §13-74-1 74-3 of marine life obtained directly from a commercial marine licensee, or any commercial marine licensee who sells or exchanges marine life at retail. "Commercial marine license" means any license issued to take marine life within or outside the State for commercial purpose. "Commercial marine licensee" means a person who has been issued a commercial marine license pursuant to section 189-2, HRS. "Commercial marine vessel license" means a license issued to an individual for a specific vessel that allows all crew on board the vessel to take marine life within or outside the State for commercial purpose without requiring each crew member to possess an individual commercial marine license. "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. "Fishing", "fishing activities", 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 that is designed to catch, take, 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 caught, taken, or harvested, is deemed to be fishing. "Freshwater game fishes" means those introduced freshwater fishes as listed in section 13-99-2. "Freshwater game fishing license" means a license issued to take freshwater game fishes. "License period" means the period of time during which the license is or was valid. "Licensee" means any person who has been issued a license pursuant to this chapter. "Main Hawaiian islands" means those islands, reefs, and shoals, as well as their respective §13-74-1 74-4 appurtenant reefs and territorial waters of the Hawaiian Islands chain beginning and including the island of Ni‘ihau to and including the island of Hawai‘i. "Marine life" means any type or species of saltwater fish, shellfish, mollusks, crustaceans, coral, or other marine animals, including any part, product, egg, or offspring thereof; or seaweeds or other marine plants, including any part, product, seed, or root thereof. "Nonresident" means any individual who is not a resident of the State of Hawai‘i. "Permittee" means any person who has been issued a permit pursuant to this chapter. "Person" means an individual, partnership, firm, company, corporation, association, or other entity. "Qualified aquaculturist" means a person, or association of persons, actively engaged in aquaculture farming, aquacultural produce processing, or aquacultural product development activities. "Resident" means an individual that has established the individual's primary residence and worked in the State continuously for a period of twelve months or longer immediately prior to applying for or obtaining a license or permit, or has filed or paid the individual's State income taxes for the previous tax period, or has established domicile in the State. Domicile may be established by providing documentation including a valid Hawai‘i driver's license or identification card, a valid school identification card, or any other official document issued to the individual within the previous thirty days from a government agency, financial institution, insurance company, or utility company. "Trip" means any bout of fishing activity occurring in state marine waters in the course of a one way or round trip, and generally includes when a vessel has left port or shore until it puts into port or goes ashore, even if not to the point of origin. [Eff 8/12/93; am 10/18/10; comp 8/27/21; am and comp 5/2/24] (Auth: HRS §§187A-5, 188-44, 188-45, 188-50, 188-53, 188-57, 189-2, 189-6) (Imp: HRS §§187A-5, §13-74-1 74-5 188-44, 188-45, 188-50, 188-53, 188-57, 189-2, 189-6)