Section 13-75-12.2 - Akule nets(a) It is unlawful for any person without a valid commercial marine license to take akule with any net that has less than two and three-fourths inches stretched mesh, except as provided in subsection (e) or as may be otherwise provided by law.(b) It is unlawful for any person without a valid commercial marine license to take akule while using the bag net fishing method.(c) Except as provided in subsection (e) or as may be otherwise allowed by law, it is unlawful for any commercial marine licensee to take akule while using the: (1) Lay net fishing method with a net that has less than two and three-fourths inches stretched mesh;(2) Surround net fishing method with a net that has less than two and one-half inches stretched mesh; or(3) Bag net fishing method with a net that has less than one and one-half inches stretched mesh.(d) It is unlawful for any commercial marine licensee to keep akule within a bag net in the ocean for more than three days without notifying the department. The person must explain the reasons for keeping the akule and when the bag net will be removed. The chairperson or an authorized representative of the department may require the immediate removal of the akule from the bag net if the action is necessary to prevent the unacceptable waste of the akule or to alleviate an unacceptably high public safety risk.(e) Notwithstanding the provisions of subsections (a) through (d), and section 13-75-14(7), a person may use:(1) A landing net of any mesh size; provided that the opening of the landing net is less than four feet in any dimension, excluding the handle; or(2) A throw net with a mesh of two inches or greater.(f) Anyone violating any provision of this section shall be subject to penalty under sections 187A-12.5 and 188-70, HRS. Each violation may constitute a separate offense.Haw. Code R. § 13-75-12.2
[Eff 1/11/02; am and comp MAR 02 7007] (Auth: HRS § 187A-5) (Imp: HRS § 187A-5)