Haw. Code R. § 13-60.11-4 - Permitted and prohibited activities

(a) Nothing in this chapter shall be construed as abridging traditional and customary native Hawaiian rights or as allowing within the Kipahulu CBSFA any activity or fishing gear otherwise prohibited by law or rules adopted by the Department of Land and Natural Resources or any other department of the State.

(b) The following restrictions apply within the Kipahulu CBSFA:

(1) It is unlawful to take or possess more than ten finfish per person per day; provided that akule and introduced or invasive fish species do not count towards the ten finfish bag limit.

(2) It is unlawful to take any akule for commercial purposes.

(3) It is unlawful to take or possess more than one 'omilu per person per day.

(4) It is unlawful to take or possess more than two kala per person per day.

(5) It is unlawful to take or possess any kole less than five inches in length.

(6) It is unlawful to take or possess any moi:

(A) From May through September;

(B) Less than eleven inches in length; or

(C) Greater than eighteen inches in length.

(7) It is unlawful to take or possess:

(A) More than forty 'opihi of any species per person per day;

(B) Any 'opihi with a shell diameter of less than one and one-fourth inches or greater than two inches;

(C) Any 'opihi within the 'Opihi Rest Area; or

(D) Any 'opihi while diving.

(8) It is unlawful to take or possess:

(A) Any ula or ula papapa from May through September; or

(B) A combined total of more than two ula or ula papapa per person per day.

(9) It is unlawful to take or possess more than two spotted reef crabs per person per day.

(10) It is unlawful to take or possess any native limu species with a holdfast or roots attached.

(11) It is unlawful to engage in surround net fishing using a gill net with a stretched mesh of less than two and three-fourths inches.

(12) It is unlawful to engage in surround net fishing to take any marine life, except akule and ta'ape.

(13) It is unlawful to take any marine life using a bag net.

(14) It is unlawful for any person who is in the water or on or about the shore where fish can be taken to have in the person's possession a throw net with a stretched mesh of less than three inches.

(15) It is unlawful for any person to use more than two fishing poles, provided that each fishing pole may have only one line, and each line may have no more than two hooks, with each hook having only one point, while at or near the shoreline, except that double or treble hooks are allowed when using fishing lures.

(16) Except as provided in subsection (c) of this section, it is unlawful for any person to:

(A) Take any marine life while using SCUBA gear;

(B) Possess both SCUBA gear and marine life at the same time; or

(C) Possess both SCUBA gear and fishing gear at the same time.

(17) During the time period beginning thirty minutes after sunset until thirty minutes before sunrise, it is unlawful to:

(A) Take or possess any marine life while diving; or

(B) Possess any fishing gear while diving.

(18) It is unlawful to take or possess any marine life within the Kukui Bay Sanctuary.

(c) The department may issue a permit to allow any action prohibited under subsection (b)(16) of this section for the purposes of:

(1) Taking akule while surround net fishing; or

(2) Taking introduced or invasive species of marine life.

Notes

Haw. Code R. § 13-60.11-4

[Eff 3/25/2024] (Auth: HRS §§ 187A-5, 188-22.6, 188-53, 190-3) (Imp: HRS §§ 187A-5, 188-22.6, 188-53, 190-3)