HAR §13-75-12.4. Lay nets

(a) No person shall use or possess any lay net in State waters without first obtaining a lay net permit. Lay net permits shall be non-transferrable and shall expire on June 30 of each year. (b) The fee for issuance or renewal of a lay net permit shall be $25, provided that the fee shall be waived for Hawai‘i residents and members of the armed forces of the United States on active duty in the State and their spouses and minor children. The fee for a duplicate permit shall be $10. (c) The department may revoke, suspend, or withhold issuance or renewal of a lay net permit for any violation of this section, provided that any §13-75-12.2 75-13 revocation, suspension, or withholding of a lay net permit shall not exceed three months unless a longer period not to exceed two years is approved by the board. (d) It is unlawful for any person within the jurisdiction of state waters to: (1) Possess or use a lay net that, except as provided in section 13-60.4-6, is: (A) Longer than one hundred twenty-five feet in length when set end to end, or more than seven feet in stretched height; or (B) Of less than two and three-fourths inches stretched mesh, except as provided in section 13-52-2(2)(A); (2) Possess or use a multi-panel lay net; (3) Possess or use a lay net that does not have at least four identification tags as specified by the department. Each identification tag must legibly display the lay net permit number of the person possessing or using the net. At least one identification tag must be attached at each end of both the net float line and the net lead line for a total of at least four attachment points on each lay net; or (4) Fish with more than one lay net at a time. (e) It is unlawful for any person using the lay net fishing method to: (1) Use a lay net that is not marked by surface buoys as specified by the department. The buoys shall legibly display the lay net permit number of the person using the lay net, be marked with reflective tape, and be visible above the surface of the water. The buoys shall be attached to each end of the float line for a total of two buoys for each lay net; (2) Use a lay net within two hundred fifty feet of another lay net, except as provided in section 13-60.4-6; §13-75-12.4 75-14 (3) Use a lay net in water greater than twenty- five feet in depth; provided that a person with a commercial marine license may use a lay net in water depths up to eighty feet, except as provided in section 13-60.4-6; (4) Use a lay net for more than four hours during any one set; provided that the same person shall not set any other lay net within twenty-four hours after the ending of the set; (5) Leave a lay net unattended for any amount of time, provided that a lay net shall be considered unattended if the lay net or surface buoys are not within eyesight of the person using the lay net; (6) Retrieve a lay net in such a manner as to cause any stony coral to break from its attachment to the bottom or to break into smaller pieces. Any stony coral brought to the surface in the net shall be considered prima facie evidence of a violation of this section; (7) Fail to complete inspection of an entire lay net within two hours after the beginning of the set. The person lay net fishing shall inspect the lay net and release any threatened, endangered, prohibited, or unwanted species; (8) Discard, abandon, or leave any lay net, or portion thereof, in the water for longer than four hours; (9) Use a lay net in freshwater streams or stream mouths; or (10) Use a lay net during the period from one- half hour after sunset to one-half hour before sunrise. (f) It is unlawful for any person to falsely identify any lay net. (g) Any lay net, within the jurisdiction of state waters, that does not have proper identification tags or surface buoys as required in subsections (d) §13-75-12.4 75-15 and (e), shall be considered contraband and subject to immediate seizure by the department. (h) It is unlawful for any person to use a lay net in the following areas as provided in the table describing the boundary coordinates or locations for the prohibited fishing areas, located at the end of this chapter, entitled, "Table of Descriptions of Lay Net Fishing Prohibited Areas", dated April 19, 2006; and in the maps located at the end of this chapter, entitled, "Map of Lay Net Fishing Prohibited Area: Maui", dated April 19, 2006; "Map of Lay Net Fishing Prohibited Areas: O‘ahu", dated April 19, 2006; and "Map of Lay Net Fishing Prohibited Area: Kane‘ohe Bay, O‘ahu", dated April 19, 2006: (1) Island of Maui; (2) Kawaihoa Point to Keahi Point, O‘ahu; (3) Mokapu Point to Wailea Point, O‘ahu; or (4) Kane‘ohe Bay, O‘ahu. (i) Any person violating any subsection of this provision shall be subject to penalty as provided under sections 187A-12.5 and 188-70, HRS. Each violation may constitute a separate offense. [Eff and comp 3/2/07; am 12/26/13; am and comp 3/11/23] (Auth: HRS §§187A-5, 188-53) (Imp: HRS §§187A-5, 188-53) §13-75-12.5 State waters around Moloka‘i, special rules. (a) Notwithstanding the provisions of section 13-75-12.4, it is unlawful for any person in State waters of the island of Moloka‘i to use a lay net: (1) That is longer than 750 feet in length when set end to end, or more than seven feet in stretched height; or (2) That has a stretched mesh of less than two and three-fourths inches. (b) Notwithstanding the provisions of section 13-75-12.4, any person using a lay net in State waters of the island of Moloka‘i shall: (1) First obtain a lay net permit from the department; §13-75-12.5 75-16 (2) Attach at least four identification tags to each lay net as specified by the department. Each identification tag must legibly display the lay net permit number or numbers of the person or persons using the net. At least one identification tag must be attached at each end of both the net float line and the net lead line for a total of at least four attachment points on each lay net; (3) Mark each lay net with at least two surface buoys, one at each end of its total length. The surface buoys shall display the lay net permit number or numbers of the person or persons using the lay net, be marked with reflective tape, and be large enough to be visible to the naked eye from a distance of 1,320 feet; (4) Not set a lay net for more than twelve hours during any one set; provided that the same person shall not set any other lay net within twenty-four hours after the ending of the set; (5) Leave a distance of at least 1,320 feet from any other lay nets that are already set; and (6) Complete at least two inspections of the entire length of lay net set, and shall release any unwanted, prohibited, threatened or endangered species. (c) Any person violating any subsection of this provision shall be subject to penalty as provided under sections 187A-12.5 and 188-70, HRS. Each violation may constitute a separate offense. [Eff 7/12/07; am and comp 3/11/23] (Auth: HRS §§187A-5, 188-53) (Imp: HRS §§187A-5, 188-53)