Current through September, 2024
Section 13-75-7 - Poisonous substances(a) It is unlawful to deposit in, permit to pass into, or place where it can pass into the state waters for the purpose of taking aquatic life, any of the following: (1) Any petroleum, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous material or substance;(2) Hypochlorous acid or any of its salts, including bleaches commonly sold under various trade names, such as Clorox and Purex, and bleaching powders;(3) Preparations containing rotenone, tephrosin, or plant materials from Barringtonia asiatica, Cocculus ferrandianus, Hura crepitans, Piscidia erythrina, Tephrosia purpurea, Wikstroemia spp.; or(4) Any other substance or material deleterious to aquatic life; except under the terms and conditions of a permit first obtained by the user from the department.(b) The department may issue permits to allow the possession or use of stated amounts of these substances poisonous to aquatic life if the department deems the amount in possession is for legitimate purposes or in quantities too small to harm aquatic life.(c) The possession of these substances without a permit issued by the department by any person on or near the water where fish can be taken, or aboard any fishing vessel or boat is prima facie evidence of a violation of this section.(d) Any person found to have violated subsection (a) of this provision shall be guilty of a class C felony as provided under 188-70(b), HRS.[Eff: DEC 03 1998; am and comp MAR 02 2007] (Auth: HRS §§ 187A-5, 188-23) (Imp: HRS §§ 187A-5, 188-23)