Report Title:

Net Fishing; Regulation Enhancement

 

Description:

Enhances net fishing regulations at Nawiliwili harbor, Port Allen harbor, Hanalei bay, Wai'eli bay, Hanamaulu bay, and Kahului and Honolulu harbors. (SD1)

 

THE SENATE

S.B. NO.

185

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to fishing.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that conservation of the State's natural resources requires increased protection of fish life along the shorelines of the State. Without such protection the delicate ecosystem of the waters may be jeopardized.

The purpose of this Act is to include additional bays and harbors in the State of Hawaii under the umbrella of protection afforded by section 188-34, Hawaii Revised Statutes.

SECTION 2. Section 188-34, Hawaii Revised Statutes, is amended to read as follows:

"§188-34 Fishing in Honolulu harbor, Hilo harbor, Nawiliwili harbor, Port Allen harbor, Hanalei bay, Wai'eli bay, Hanamaulu bay, and Kahului harbor; restricted. (a) It is unlawful to take or kill fish by means of any draw, drag, [or] seine, purse, bag, or surround gill net in the waters of the [harbor of Honolulu;] Nawiliwili harbor, Port Allen harbor, Hanalei bay, Wai'eli bay, Hanamaulu bay, and Kahului harbor; provided that [commercial marine licensees as defined in chapter 187A may take bait fish by means of any draw, drag, or seine net during periods scheduled by the harbor master.] this subsection shall not apply to a person fishing from a non-motorized boat of sixteen feet or less; and provided further that the department of land and natural resources or the department of transportation, for the harbors or bays under their jurisdiction, may adopt rules that shall supersede this subsection's prohibition on the use of any draw, drag, seine, purse, bag, or surround gill net.

(b) It is unlawful to take or kill fish by means of any draw, drag, or seine net in the waters of the harbor of Honolulu; provided that commercial marine licensees as defined in chapter 187A may take bait fish by means of any draw, drag, or seine net during periods scheduled by the harbor master.

(c) It is unlawful to take or kill fish by means of any net in the waters of that portion of the bay of Hilo bounded by the breakwater, a line from the outer end of the breakwater to Alealea Point, and the shoreline from Alealea Point to the inshore end of the breakwater, provided that commercial marine and pond operators with appropriate licenses issued by the department of land and natural resources may take bait fish or pua, or persons may use throw net, opae net, crab net, or nehu net not longer than fifty feet to take nehu for family consumption or bait purposes."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.