HAR §13-74-22. Bait license

(a) The department may issue to commercial marine licensees a license to take the following baitfishes for which an open season is declared: (1) 'Iao (Atherinomorus insularum); (2) Marquesan sardine (Sardinella marquensis); (3) Nehu (Encrasicholina purpurea); (4) Piha (Spratelloides delicatulus); (5) "Tabai" (Mollienesia spp.); (6) Threadfin shad (Dorosoma petenense); and (7) Gold-spot herring (Herklotsichthys quadrimaculatus). (b) Licenses for taking baitfishes other than nehu shall be issued for fishing operations where the §13-74-20 74-13 fish caught are landed in the State, and where no baitfish caught are sold or transferred except for bait purposes. (c) Licenses for taking nehu shall be issued only to persons employed on live-bait tuna boats, and only if their principal means of livelihood is derived from tuna fishing and the sale of tuna, where the fish caught are landed in the State, and the nehu is not sold to others. (d) A separate license is required for each fishing vessel or independent fishing operation, regardless of whether several vessels or operations are owned or conducted by the same person, and shall be carried aboard each vessel or otherwise be readily available for inspection at all times. (e) The fee for the bait license is $100, and the duplicate license fee is $10. (f) Each person issued a bait license shall, in addition to monthly catch reports pursuant to section 13-74-20, submit baitfishing reports to the department. The baitfishing reports shall be submitted monthly in a form and manner provided by the department. The catch reports and baitfishing reports are subject to section 13-74-2; sections 189-3 and 189-3.5, HRS; and as may be otherwise provided by rule or law. [Eff 8/12/93; am 1/15/99; am and comp 8/27/21; am and comp 5/2/24] (Auth: HRS §§187A-5, 188-45) (Imp: §§187A-5, 188-45) Historical note: §13-74-22 is based substantially upon chapter 13-72. [Eff 5/26/81; am 1/25/82; R 8/12/93] 13-74-23 Commercial marine vessel license. (a) The department shall, upon receipt of a valid application and appropriate fee payment, issue a commercial marine vessel license to any qualified individual. (b) A qualified individual is anyone who: (1) Possesses a valid commercial marine license; (2) Is at least eighteen years old; §13-74-23 74-14 (3) Provides proof of identify; and (4) Does not have any unmet child support obligations pursuant to section 189-2, HRS. (c) Any qualified individual applying for a commercial marine vessel license shall file an application on an approved application form that is available from the department. The application shall be completed in its entirety. Failure to provide a completed application or providing false or misleading information on the application may result in delay or denial of the application. (d) A commercial marine vessel license is valid from the date of issuance and shall expire on the expiration date of the licensee's commercial marine license. A commercial marine vessel license is valid only for a specific vessel and is nontransferable. A qualified individual may obtain and possess more than one commercial marine vessel license at a time. (e) The fee for the issuance or renewal of a commercial marine vessel license is: (1) $100 for any vessel less than twenty-two feet in length that is not used for longline fishing; (2) $200 for any vessel twenty-two feet in length or greater that is not used for longline fishing; and (3) $1,500 for any vessel used for longline fishing, as defined in section 189-2.5, HRS. The fee for a duplicate license is $10. (f) If a commercial marine vessel license is issued for a longline vessel, the commercial marine vessel licensee shall file an annual report with the department that contains the following information about all crew members who worked aboard the longline vessel during the license period: (1) Identity; (2) Nationality; (3) Arrival date in Hawai‘i (4) Departure date; and (5) Any other information the department may require. The longline annual report shall be submitted to the §13-74-23 74-15 department within thirty days of the end of the license period. (g) If a commercial marine vessel license is issued for a vessel providing charter services for the taking of marine life, the license shall satisfy the commercial marine license requirement for all crew members. The commercial marine vessel license does not exempt charter fishing vessel passengers or customers from the requirement to have a nonresident recreational marine fishing license or any other license required by law. For purposes of this section, a "passenger" is any individual on board a vessel who is not a member of the vessel's crew. (h) If a vessel for which a commercial marine vessel license is obtained is lost, destroyed, stolen, sold, transferred, or otherwise no longer in the possession or control of the licensee, the licensee shall immediately notify the department, and the license shall be terminated. (i) The commercial marine vessel license shall be kept aboard the vessel at all times while participating in commercial fishing activities and shall be made available for inspection upon demand. (j) Persons issued a commercial marine vessel license shall submit reports of the vessel's fishing activity. Such reports shall be submitted to the department monthly pursuant to section 13-74-2(5); provided that persons taking bottomfish, as defined in chapter 13-94, in the main Hawaiian islands shall, in addition to their monthly reports for species other than bottomfish, submit trip reports of their bottomfishing activity pursuant to section 13-74-2(6). Monthly and trip reports are subject to section 13-74- 2; sections 189-3 and 189-3.5, HRS; and as may be otherwise provided by law. [Eff and comp 5/2/24] (Auth: HRS §§189-2, 189-3, 189-3.5) (Imp: HRS §§189- 2, 189-3, 189-)3.5 §13-74-23 74-16 SUBCHAPTER 4 OTHER LICENSES AND PERMITS §13-74-40 Mullet pond operator and closed season sales license. (a) The department may issue to any owner or operator of a fish pond a license to lawfully catch young mullet, known as pua, during the closed season, for the purpose of stocking the owner's or operator's pond, and provided that any owner or operator of a fish pond and any dealer may lawfully sell such pond raised mullet during the closed season with such a license granting this privilege. (b) A separate license is required for each fish pond or market operation, regardless of whether several fish pond or market operations from which the mullet are sold are owned or operated by the same person, and shall be readily available for inspection at all times. (c) The fee for the mullet pond operator and closed season sales license is $100, and the duplicate license fee is $10. [Eff 8/12/93; am 1/15/99; am and comp 8/27/21; am and comp 5/2/24] (Auth: HRS §188-44) (Imp: HRS §188-44) §13-74-41 Kona crab and lobster closed season sales license. (a) The department may issue a license to a commercial marine dealer, or any restaurant, to sell or serve during the closed season, Kona crabs or lobsters lawfully caught during the open season. (b) Each licensee shall submit a report to the department within five days after the end of each of the closed season months. The report shall list the amount of remaining Kona crab and lobster in the licensee's inventory as of the end of the month. (c) The fee for the Kona crab and lobster closed season sales license is $100, and the duplicate license fee is $10. [Eff 8/12/93; am 1/15/99; am and comp 8/27/21; am and comp 5/2/24] (Auth: HRS §188-57) §13-74-40 74-17 (Imp: HRS §188-57) §13-74-42 Special marine animal or product possession and sale license. (a) The department may issue a license to an importer, wholesaler, retailer, or restaurant to possess, sell, or offer for sale, any fish, shellfish, crustacean, or other marine animal, or any product made from such marine animals taken outside of the waters of the State, when such taking, possession, or sale of the same species is restricted if taken within the waters of the State. (b) Licenses shall require the business' name, address, telephone number, name of applicant, and any other information the department may require. (c) Each licensee shall furnish to the department monthly reports that include the following information: (1) If the licensee is an importer: (A) Species imported, source, quantity, and arrival date; and (B) Name and address of buyers, species sold, quantity, and date of such sale; (2) If the licensee is a wholesaler: (A) Source, quantity, and date purchased; and (B) Name and address of buyers, species sold, quantity, and date of such sale; (3) If the licensee is a retailer or restaurant: (A) Source and date of purchase; and (B) Species and quantity sold; and (4) Any other such information the department may require. (d) The fee for the special marine animal or product possession and sale license is $100, and the duplicate license fee is $10. [Eff 8/12/93; am 1/15/99; am and comp 8/27/21; am and comp 5/2/24] (Auth: HRS §189-6) (Imp: HRS §189-6) Historical note: §13-74-42 is based substantially upon chapter 13-71. [Eff 5/26/81; R 8/12/93] §13-74-42 74-18