HAR §13-95-1. Definitions

As used in this chapter, unless otherwise provided: "‘Ahi" means any fish known as Thunnus albacares or Thunnus obesus or any recognized synonym. ‘Ahi refers to both yellowfin tuna (T. albacares) and bigeye tuna (T. obesus). "Āholehole" means any fish known as Kuhlia xenura or Kuhlia sandvicensis or any recognized synonym. Āholehole are also known as āhole, Hawaiian flagtail, reticulated flagtail, or zebra-head flagtail. "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. "‘Ama‘ama" means any fish known as Mugil cephalus or any recognized synonym between eight and twelve inches in length. Individuals of this species at other life stages are known as pua, kahaha, or ‘anae. All life stages of this species are generally known as striped mullet. "‘Anae" means any fish known as Mugil cephalus or any recognized synonym greater than twelve inches in length. Individuals of this species at other life §13-95-1 95-3 stages are known as pua, kahaha, or ‘ama‘ama. All life stages of this species are generally known as striped mullet. "Annual catch limit" or "ACL" is the maximum commercial harvest in a given fishing year established for any marine fishery subject to closure. The catch is measured in whole wet weight through cumulative reported landings by commercial marine licensees. "Aquarium fish permit" means a permit issued by the board pursuant to section 188-31, HRS, for the use of fine mesh nets and traps to take marine fish, freshwater nongame fish, or other aquatic life for aquarium purposes. "Awa" means any fish known as Chanos chanos or any recognized synonym. Awa are also known as milkfish. "Board" means the board of land and natural resources. "Break" means to hit with, or to apply sufficient force to reduce to smaller pieces or to crack without actually separating into pieces. "Carapace length" means the straight line measurement from the tip of the rostrum to the middle of the trailing edge of the body or carapace, not including the abdomen or tail. "Commercial kala fishing trip" means a fishing trip where any kala are taken for a commercial purpose, as evidenced by the possession of more than four kala per person. For a trip to be considered a commercial kala fishing trip, each participant must have both a valid commercial marine license and a valid commercial kala fishing permit. For vessel- based fishing trips, each person onboard the vessel is deemed a participant. "Commercial marine licensee" means a person who has been issued a commercial marine license pursuant to section 13-74-20 and section 189-2, HRS. "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 §13-95-1 95-4 sale, landed, or transported for sale anywhere in the State. "Commercial uhu fishing trip" means a fishing trip where any uhu are taken for a commercial purpose, as evidenced by the possession of more than two uhu per person. For a trip to be considered a commercial uhu fishing trip, each participant must have both a valid commercial marine license and a valid commercial uhu fishing permit. For vessel-based fishing trips, each person onboard the vessel is deemed a participant. "Damage" means to scrape, smother, poison, or otherwise cause any physical or physiological harm to the living portion of a stony coral or live rock. "Day" means a twenty-four hour period. "He‘e" means any mollusk known as Octopus cyanea, Octopus ornatus, or any recognized synonym. He‘e are also known as octopus or tako. "Hook-and-line" means a fishing line to which one or more hooks or other tackle are attached. A hook- and-line may include a fishing rod or reel or both to cast and retrieve the line. "‘Iao" means any fish known as Atherinomorus insularum or any recognized synonym. ‘Iao are also known as Hawaiian silverside or Hawaiian Islands silverside. "Initial-phase uhu" means any uhu characterized by a dull red, brown, or gray body coloration and the absence of bright green or blue markings. "Kahaha" means any fish known as Mugil cephalus or any recognized synonym between four and eight inches in length. Kahaha are also known as pahaha. Individuals of this species at other life stages are known as pua, ‘ama‘ama, or ‘anae. All life stages of this species are generally known as striped mullet. "Kala" means any fish known as Naso unicornis, Naso brevirostris, Naso annulatus, or any recognized synonym. Kala are also known as bluespine unicornfish, short-nosed unicornfish, spotted unicornfish, or whitemargin unicornfish. §13-95-1 95-5 "Kala ‘ōpelu" means any fish known as Naso hexacanthus or any recognized synonym. Kala ‘ōpelu are also known as ‘ōpelu kala or sleek unicornfish. "Kole" means any fish known as Ctenochaetus strigosus or any recognized synonym. Kole are also known as kole tang, spotted surgeonfish, goldring surgeonfish, or yellow-eyed tang. "Kūmū" means any fish known as Parupeneus porphyreus or any recognized synonym. Kūmū are also known as whitesaddle goatfish. "Length" means the straight line measurement from the tip of the snout to the middle of the trailing edge of the tail. "Live rock" means any natural hard substrate to which marine life is visibly attached or affixed. "Manini" means any fish known as Acanthurus triostegus sandvicensis or any recognized synonym. Manini are also known as convict tang or convict surgeonfish. "Mitigation" means activities carried out in accordance with this chapter in order to avoid, minimize, restore, or compensate for losses of certain marine resources due to authorized activities. "Moano" means any fish known as Parupeneus multifaciatus or any recognized synonym. Moano are also known as banded goatfish, five-barred goatfish, manybar goatfish, or multibarred goatfish. "Moi" means any fish known as Polydactylus sexfilis or any recognized synonym. Moi are also known as six-fingered threadfin or yellowthread threadfin. "Nehu" means any fish known as Encrasicholina purpurea or any recognized synonym. Nehu are also known as Hawaiian anchovy. "Net" means any of various fishing devices of mesh material made into various shapes, such as but not limited to, a bag, sack, pouch, or curtain, used to entangle, surround, or concentrate aquatic life. "‘Ō‘io" means any fish known as Albula glossodonta or Albula virgata or any recognized synonym. ‘Ō‘io are also known as roundjaw bonefish, §13-95-1 95-6 shortjaw bonefish, Indo-Pacific bonefish, sharpjaw bonefish, or smallmouth bonefish. "‘Ōpakapaka" means any fish known as Pristipomoides filamentosus or any recognized synonym. ‘Ōpakapaka are also known as Hawaiian pink snapper, pink snapper, kinme himedai, or ohimedai. "‘Ōpelu" means any fish of the genus Decapterus. ‘Ōpelu are also known as mackerel scad. "Pāpa‘i kualoa" means any crab known as Ranina ranina or any recognized synonym. Pāpa‘i kualoa are also known as pāpa‘i kua loa, Kona crab, frog crab, or spanner crab. "Pāpa‘i kūhonu" means any crab known as Portunus sanguinolentus or Portunus hawaiiensis or any recognized synonym. Pāpa‘i kūhonu are also known as pāpa‘i kuahonu, kūhonu, kuahonu, blood-spotted swimming crab, or white crab. "Pua" means any fish known as Mugil cephalus or any recognized synonym between zero and four inches in length. Pua are 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. "Renewable energy projects" means projects developed by renewable energy producers, as the term is defined in section 171-95, Hawaii Revised Statutes, that reduce the consumption of non-renewable energy resources or produce renewable energy. "Samoan crab" means any crab known as Scylla serrata or any recognized synonym. The Samoan crab is a type of swimming crab and is also known as mud crab or mangrove crab. "Sell" means to solicit and receive an order for; to have, or keep, or offer, or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; and to traffic in. "Spear" means any device or implement that is designed or used for impaling aquatic life. Spears may include but are not limited to spear gun shafts, §13-95-1 95-7 arbaletes, arrows, bolts, Hawaiian slings, tridents, or three-prong spears. "Speared" means pierced, impaled, penetrated, stuck, or run through by a sharp, pointed implement. "Stony coral" means any invertebrate species belonging to the Order Scleractinia, characterized by having a hard, calcareous skeleton, that are native to the Hawaiian Islands. "Striped mullet" means any fish known as Mugil cephalus or any recognized synonym. The various life stages of striped mullet are known as pua, kahaha, ‘ama‘ama, or ‘anae. "Take" means to fish for, catch, capture, confine, or harvest, or to attempt to fish for, catch, capture, confine, 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. "Terminal-phase uhu" means any uhu characterized by the presence of bright green or blue markings or a predominantly green or blue body coloration, often with bright pink, orange, or yellow patches. "Uhu" means any fish belonging to the family Scaridae or any recognized synonyms. Uhu is a general term for parrotfish. "Uhu ‘ahu‘ula" means any fish known as Chlorurus perspicillatus or any recognized synonym that has not reached its terminal phase. Uhu ‘ahu‘ula have a grayish brown body with reddish fins and a broad white band at the base of the tail. The terminal phase of these fish are known as uhu uliuli. Both uhu ‘ahu‘ula and uhu uliuli are known as spectacled parrotfish or fantail uhu. "Uhu ‘ele‘ele" means any fish known as Scarus rubroviolaceus or any recognized synonym that has reached its terminal phase, indicated by a change in coloration from a predominantly brownish-red or §13-95-1 95-8 yellowish-gray body with reddish fins, to a predominantly green or blue-green body color with a green beak. Both uhu ‘ele‘ele and uhu pālukaluka are known as redlip or ember parrotfish or whiptail uhu. "Uhu pālukaluka" means any fish known as Scarus rubroviolaceus or any recognized synonym that has not reached its terminal phase. Uhu pālukaluka have a predominantly brownish-red or yellowish gray body with reddish fins. The terminal phase of these fish are known as uhu ‘ele‘ele. Both uhu pālukaluka and uhu ‘ele‘ele are known as redlip or ember parrotfish or whiptail uhu. "Uhu uliuli" means any fish known as Chlorurus perspicillatus or any recognized synonym that has reached its terminal phase, indicated by a change in coloration from a grayish brown body with reddish fins and a broad white band at the base of the tail, to a blue-green body with a dark band across the top of the snout and the lack of a white tail band. Both uhu uliuli and uhu ‘ahu‘ula are known as spectacled parrotfish or fantail uhu. "Uku" means any fish known as Aprion virescens or any recognized synonym. Uku are also known as uku palu, green jobfish, gray jobfish, blue-green snapper, Hawaiian blue-green snapper, gray snapper, slender snapper, or aochibiki. "Ula" means any spiny lobster of the genus Panulirus. Ula are also known as lobster, Hawaiian spiny lobster, spiny lobster, red lobster, or green lobster. "Ula pāpapa" means any crustacean of the species Scyllarides squammosus or Scyllarides haanii, or any recognized synonym. Ula pāpapa are also known as ula ‘āpapapa, slipper lobster, ridgeback slipper lobster, or shovel-nosed lobster. "‘Ula‘ula koa‘e" means any fish known as Etelis coruscans or any recognized synonym. ‘Ula‘ula koa‘e are also known as koa‘e, onaga, long-tail red snapper, ruby snapper, scarlet snapper, or hamadai. "Ulua" means any fish known as Caranx ignobilis, Caranx lugubris, Caranx melampygus, Caranx sexfasciatus, Carangoides equula, Carangoides ferdau, §13-95-1 95-9 Carangoides orthogrammus, or any recognized synonym. The young of these species are also known as pāpio. "Weke ‘ā" means any fish known as Mulloidichthys flavolineatus or any recognized synonym. Weke ‘ā are also known as goatfish or yellowstripe goatfish. The young of this fish are known as ‘oama. [Eff 12/03/98; am 1/11/02; am 12/09/02; am 12/19/02; am 5/01/14; am 10/19/18; am and comp 1/31/21; am and comp 2/22/24] (Auth: HRS §§187A-3.5, 187A-5, 190-3) (Imp: HRS §§187A-3.5, 187A-5, 190-3) §13-95-1.1 Licenses, permits, and other exemptions. Notwithstanding the provisions of this chapter, the department may issue the following licenses and permits to exempt persons from the provisions of this chapter: (1) Licenses issued pursuant to sections 187A- 3.5, 188-44, 188-57, or 189-6, HRS; (2) Permits issued pursuant to sections 187A-6, 188-23, 188-37, 188-68, or 190-4, HRS; or (3) As may be otherwise provided by law. [Eff 12/19/02; am 5/01/14; comp 1/31/21; comp 2/22/24] (Auth: HRS §§187A-3.5, 187A-6, 188-44, 188-45, 188-57, 188-68, 190-3) (Imp: HRS §§187A-3.5, 187A-6, 188-23, 188-37, 188- 44, 188-45, 188-57, 188-68, 190-4)