Special Provisions, Licenses, etc.

Special provisions, licenses, permits Closed Season License (lobster and Kona crab) During the closed season, a dealer may sell, or a hotel or other public eating establishment may serve spiny lobster, slipper lobster, or Kona crab lawfully caught in the waters of the State during the open season by first obtaining an appropriate Special Marine Animal or Product Possession and Sale License. Also, see special provisions applicable to commercial fishing in the Northwestern Hawaiian Islands, and to imported marine life. License fee $50. Duplicate $10.	HAR 13-74 HRS 188-57
Baitfish License Commercial fishermen may apply for a license to take baitfish other than nehu for use in fishing operations where fish are caught and landed in the State. No baitfish caught may be sold or transferred except for bait purposes. License fee $50. Duplicate $10. A license for taking nehu may be issued to persons employed on live-bait tuna boats, only if the person’s principal means of livelihood is derived from tuna fishing and the sale of tuna, and the fish are caught and landed in the State; such nehu may not be sold to others. Each license shall cover the operation of one fishing vessel, and must be carried aboard the boat at all times. Each licensee must furnish monthly baitfish catch reports fo the Department of Land and Natural Resources.	HAR 13-74 HRS 188-45
Imported marine life Unlawful to possess, sell or offer for sale any aquatic life or product thereof of any size taken outside the waters of the State, when the taking, possession or sale of the same species is restricted if taken within the waters of the State, without first obtaining an appropriate Special Marine Animal or Product Possession and Sale License. License fee $50. Dup. $10.	HAR 13-74 HRS 189-6
Scientific, educational or propagation purposes Any person with a bona fide scientific, educational or propagation purpose may apply in writing to obtain a Special Activitiy Permit to legally take certain aquatic life, use certain gear, and gain entrance into certain areas otherwise prohibited.	HRS 187A-6
Freshwater game fishing Unlawful to fish for, catch or take any freshwater game fish without first obtaining a Freshwater Game Fishing License. License fee $5 (residents over 15 years of age, military personnel on active duty in the State and their spouse and dependents over 15 years of age); $3 (all minors between nine and 15 years of age); no charge (all senior citizens 65 years of age or over); $25 (non-resident); $10 (7-day tourist), and $20 (30-day tourist). Minors below nine years of age may fish without a license when accompanied by a licensee. Duplicate $1. Where bag limits are specified, each licensee may take only one bag per day. The catch of a child below nine years of age will be considered part of the catch of the licensed supervising adult accompanying the child. A child under nine years of age who wishes to take a bag limit on his/her own must purchase a valid freshwater fishing license. Unlawful to sell introduced freshwater game fish.	HAR 13-74 HRS 188-50
Fisherman harassment Unlawful to prevent or attempt to prevent the lawful taking of fish by licensed freshwater anglers, including by means of affecting behavior of fish, affecting personal property for fishing, or ob-structing access to fishing areas. Unlawful to enter or remain on public lands or waters, or private lands or waters without landowner’s permission, for this purpose.	HRS 188-71
Release of non-native aquarium life No person shall release any live non-native fish or other live non-native aquatic life into any waters of the State.	HRS 187A-6.5
Longline Fishing Defined: Longline fishing is conducted with gear consisting of at least one mainline over one nautical mile in length, to which is attached a number of branchlines with baited hooks. The mainline is suspended below the surface by floatlines attached to surface floats. Unlawful to engage in longline fishing within state waters, or sell or offer for sale any marine life taken with longline fishing gear within state waters. Unlawful to possess, sell or offer for sale any marine life taken by longline fishing gear which is prohibited by or in violation of rules adopted by the Western Pacific Fishery Management Council through the National Oceanic and Atmospheric Administration.	HRS 189-2.5
Shark Finning Unlawful to knowingly harvest shark fins from State waters, or land shark fins in the State regardless of the waters in which the sharks were caught, unless fins were taken from a shark landed whole in the State. Violators subject to seizure and forfeiture of shark fins, commercial marine license, fishing vessel, and fishing equipment; plus fines of not less than $5,000, nor more than $15,000, plus administrative and attorney's fees and costs.	HRS 188-40.5
Shark Feeding Unlawful to conduct any activity related to the feeding of sharks in state waters. Persons engaged in taking marine life that results in captured, injured, or dead fish being incidentally eaten by sharks are not in violation, provided the purpose of taking marine life is not the feeding of sharks. Persons may feed sharks for traditional Hawaiian cultural or religious practices, provided the feeding is not part of a commercial activity.	HRS 188-40.6
Dive Flags Spearfishers and other divers must mark their position with a dive flag while diving in navigable waters, and may not surface more than 50 feet from the dive flag. Dive flags shall be displayed only when diving is in progress, and must be removed from the water when no diving is in progress.	HAR 13-245-9

Special provisions, licenses, permits