HAR §13-75-1. Definitions

As used in this chapter, unless otherwise provided: "Akule" means any fish identified as Selar crumenophthalmus or any recognized synonym. Akule are also known as pā‘ā‘ā, halalū, hahalalū, goggle-eyed scad, or big-eyed scad. "Bag net" means a type of fishing net made into the shape of a pocket or pouch with an open end held open in the water with the aid of a net float line that supports the top edge of the net up towards the ocean surface and parallel to a net lead line that keeps the lower edge of the net down on the ocean bottom. The bag net is usually made of heavy gauge line to make the net very visible and made of small mesh to prevent the fish from passing through the mesh. "Bag net fishing method" means a technique of fishing where a person or persons engage in the act of or attempt to engage in the act of deploying a fence net in the water in such a manner as to completely encircle the aquatic life. The fence net primarily acts like a barrier to hold or concentrate the aquatic life within the net. The mesh is smaller than the target species so as to prevent the smaller aquatic life from swimming through or entangling in the mesh. The aquatic life is then moved into the bag net for removal from the water. The main characteristics of the bag net fishing method are the closed net configuration, the moving net, person or persons do not chase the aquatic life into the net, and most, if not all, of the aquatic life within the net are captured. "Bullpen trap" means a type of fishing gear that has a pen and guide or guides of a length or lengths of net or material designed to guide aquatic life into the pen situated to prevent the escape of some or all of the aquatic life entering the pen, whether or not the guide or guides are connected to the pen. "Closed net configuration" means a net that is deployed in a manner in which the net acts as a §13-75-1 75-3 physical barrier that prevents or impedes the escape of aquatic life that are too large to pass through the mesh. A net so deployed in a series of baffles or in a complete circle will not allow large fish to escape capture, even if the fish are not entangled in the mesh. "Commercial marine licensee" means any person that has been issued a commercial marine license pursuant to section 189-2, HRS, and section 13-74-20. "Department" means the department of land and natural resources. "Freshwater stream" means any river, creek, canal, ditch, or other natural or artificial watercourse with a defined bed or channel in which freshwater flows, either continuously or periodically. This includes portions of freshwater streams that may contain brackish water or saltwater periodically, such as at high tide or during times of low or no freshwater flow. "Gill net" means a panel or curtain of net made of various materials, that is suspended vertically in the water with the aid of a net float line that supports the top edge of the net up towards the ocean surface and parallel to a net lead line that keeps the lower edge of the net down towards the ocean bottom. The gill net is usually made of transparent or semi- transparent materials to make the net seem invisible underwater, with mesh openings large enough to permit the heads of fish to pass through, ensnaring them around the gills when they attempt to escape. "Gold-spot herring" means any fish identified as Herklotsichthys quadrimaculatus or other recognized synonyms. "Hand 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. "‘Iao" means any fish known as Atherinomorus insularum or any recognized synonym. ‘Iao are also known as Hawaiian silverside or Hawaiian Islands silverside. §13-75-1 75-4 "Landing net" means a hand net that is used to further secure capture of marine life, after the marine life has been first hooked or otherwise detained, to prevent the marine life from becoming unhooked or lost. "Lay net" means a gill net that is used in lay net fishing. "Lay netting" or "lay net fishing method" means a technique of fishing where a person or persons engage in the act of or attempt to engage in the act of deploying a gill net in the water in a specific location, then retrieving the gill net from the same location, after a certain time period has passed to allow for the capture of aquatic life. The lay net primarily entangles aquatic life within the mesh of the net as the aquatic life swim or move into the stationary lay net. The lay net is most commonly deployed in a straight line or semi-circular configuration. The main characteristics of lay net fishing are the open net configuration, the stationary net, person or persons may chase the aquatic life into the net, and only aquatic life that becomes entangled in the net mesh are captured. This fishing method is also known as set netting, cross netting, pa‘ipa‘i netting, and moemoe netting. "Makiawa" or "mikiawa" means any fish identified as Etrumeus teres or Etrumeus micropus or other recognized synonyms. "Marquesan sardine" means any fish identified as Sardinella marquensis or other recognized synonyms. "Multi-panel lay net" means a lay net consisting of two or more layers of netting, usually of different mesh size. This gear is also known as a trammel net. "Nehu" means any fish identified as Encrasicholina purpurea or other recognized synonyms. "‘Opae" or "shrimp" or other recognized synonyms means an invertebrate crustacean of the Order Decapoda, but other than lobsters, crabs, or crayfish. "‘Ōpelu" means any fish of the genus Decapterus. ‘Ōpelu are also known as mackerel scad. "Pua" means any juvenile fish of the species Mugil cephalus or any recognized synonym. Pua are §13-75-1 75-5 also known as pua ‘ama, pua ‘ama‘ama, pua po‘olā, or pua ‘o‘olā. Individuals of this species at other life stages are known as kahaha, ‘ama‘ama, or ‘anae. All life stages of this species are generally known as striped mullet. "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. "Stony coral" means any of the invertebrate species belonging to the Order Scleractinia, characterized by having a hard calcareous skeleton, that are native to the Hawaiian islands. "Stretched mesh" means the straight line distance between two opposite inner edges of each eye of the net mesh as measured when the eye is stretched to its maximum size. "Surround gill netting or surround gill net fishing method" means a technique of fishing where a person or persons engage in the act of or attempt to engage in the act of deploying a gill net in the water in such a manner as to completely encircle the aquatic life. The gill net primarily entangles aquatic life within the mesh of the net as the aquatic life swim or move into the surround gill net. The main characteristics of surround gill net fishing are the closed net configuration, the moving net, person or persons chase the aquatic life into the net, and only the aquatic life that entangles in the net mesh are captured. "Take" means to fish for, catch, capture, confine, or harvest, or to attempt to fish for, catch, §13-75-1 75-6 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 shore where aquatic life can be fished for, caught, captured, confined, or harvested, shall be construed as taking. "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. "Using" means placing in the water or attempting to place in the water. [Eff 12/3/98; am 1/11/02; am and comp 3/2/07; am and comp 3/11/23] (Auth: HRS §187A-5) (Imp: HRS §187A-5)