HAR §13-94-8. Bottomfish restricted fishing areas

(a) The department will restrict fishing in certain areas to conserve the spawning populations of bottomfish. (b) To aid enforcement of this section, the department intends to restrict all fishing for and possession of bottomfish within the restricted fishing areas. It is unlawful for any person to take or possess bottomfish while in a vessel that is drifting or anchoring within any bottomfish restricted fishing area, except in times of emergency or as may be otherwise authorized by law. (c) The department will gather and consider the following information when selecting the bottomfish restricted fishing areas: (1) Identify the fishing areas where spawning onaga and ehu are caught; (2) Restrict fishing in about twenty percent of the known fishing areas where spawning onaga and ehu are caught; (3) Distribute the bottomfish restricted fishing areas in the most effective manner to consider the potential benefits and limit negative impacts on bottomfish fishing opportunities; (4) Suggestions from bottomfish fishers statewide; and (5) Any other relevant information. (d) Due to the critical need of some bottomfish species for conservation measures, the department may need to respond quickly to establish or modify bottomfish restricted fishing areas. The bottomfish restricted fishing areas shall be established or amended by formal board action at a publicly noticed meeting. The bottomfish restricted fishing areas are attached at the end of this chapter as Exhibit A, entitled the "Bottomfish Restricted Fishing Areas (BRFA) 12/8/06," or as may be amended by subsequent board action and a copy of the amended Exhibit A shall be filed with the Office of the Lieutenant Governor. [Eff 6/1/1998; am 10/18/2010] (Auth: HRS §§187A-5, 94-6 §13-94-8 188-53) (Imp: HRS §§187A-5, 188-53) §13-94-9 Bottomfish fishing vessel identification number. (a) The department may register, and assign a bottomfish fishing vessel identification number to, any vessel used to fish for bottomfish. The purpose of the number is to enable identification of vessels used to fish for bottomfish from a distance while on the open ocean. The bottomfish fishing vessel identification number shall be valid for a one year period from the date registered, and must be annually renewed. It is unlawful for the vessel owner to take bottomfish from a vessel with a vessel identification number that does not have current registration. (b) It is unlawful for any person to take or possess bottomfish while on a vessel on the water without a bottomfish fishing vessel identification number assigned or approved by the department. (c) The bottomfish fishing vessel identification number shall consist of the following vessel identification, in front of the letters "BF" added as a suffix: (1) A valid Division of Boating and Ocean Recreation vessel registration number issued and displayed pursuant to chapter 13-241; (2) A valid National Marine Fisheries Service permit number issued and displayed under the provisions set forth in Fishery Management Plans of the Western Pacific Regional Fishery Management Council pursuant to CFR Part 660 Subparts B through E; (3) A valid United States Coast Guard vessel documentation number issued pursuant to 46 CFR 67; or (4) Any other such identification approved by the department. (d) If the vessel identification, listed in subsection (c) above is not required to be displayed, then the vessel identification and the capital letters "BF", shall be displayed and clearly visible on both sides of the vessel, either near the top of the gunwales or on the superstructure. Unless other specified, all characters in the bottomfish vessel 94-7 §13-94-11 identification number shall be no less than six (6) inches high and three (3) inches wide in black or a contrasting solid color to the background. [Eff 6/1/1998; am 10/18/2010] (Auth: §187A-5) (Imp: §187A-5)