THE FISHERIES AND FISHING LAWS OF HAWAII. 3638 
Kalaku. These kinds of fish shall be divided equally whenever they arrive at 
these islands, or whenever they drift along. 
6. Of duties laid by land agents on the fish of the people.—On the twenty-seventh 
page, chapter 3, section 8, read thus: ‘‘The people of other lands shall give to the 
landlord one-third of the fish thus taken on said land.”’ 
9. Of the punishinent of fishermen.—In the third chapter, eighth section, page 37, 
the following words are erased: ‘‘ For two years he shall not fish at all on any fishing 
ground.’’ The following words shall also be inserted in their place: ‘‘If he take 
one fish criminally, he shall pay five, and always at that rate. And if a canoe full 
be taken five canoes full shall be paid, according to the amount taken, even to the 
furthest extent.”’ 
11. Of the tax for the year 1841.—5. Where none of these kinds of property can be 
obtained, and fish are abundant, then the tax shall be laid in fish, and shall be in 
proportion to what the tax of the land would be in money. If the land would be 
taxed a fathom swine, then there shall be an amount of fish equal in value to ten 
dollars. 
21. Of the protection of the fisheries.—The following words are to be inserted in the 
eighth section of the third chapter, on the thirty-eighth page: ‘‘The general tax 
officer may lay a protective taboo on the King’s fish, and also on those of the land 
agents, but the land agents and the King also may eat of their own fish tabooed by 
themselves, even before the taboo of the tax officer is repealed.’’ 
In 1845 it was found necessary to define more clearly the rights of 
the respective parties, and the following was adopted in connection 
with other legislation: 
CuHapreR VI.—ArticLeE V.—Of the public and private rights of piscary. 
Section I. The entire marine space without and seaward of the reefs upon the coasts 
of the several islands comprising the several fishing grounds commonly known as the 
Kilohee grounds, Luhee grounds, the Malolo grounds, and the fishery of the ocean 
from said reefs to the limit of the marine jurisdiction in the first article of this chapter 
defined shall be free to the people of these islands. The people shall not be molested 
in the enjoyment thereof except as hereinafter provided. 
Sec. II. The fishing grounds from the reefs, and where there happen to be no 
reefs from the distance of one geographical mile seaward to the beach at low-water 
mark, shall in like manner be considered private property of the landlords whose 
lands by ancient regulation belong to the same; in the possession of which private 
fisheries the said landlords shall not be molested except to the extent of the reserva- 
tions and prohibitions hereinafter set forth. 
Sec. III. The landlords shall be considered in like manner to hold said private 
fisheries for the equal use of themselves and of the tenants on their respective lands; 
and the tenants shall be at liberty to use the fisheries of their landlords, subject to 
the restrictions in this article imposed. 
See. IV. The landlords shall have power each year to set apart for themselves one 
given species or yariety of fish natural to their respective fisheries, and give public 
notice by viva yoce proclamation to their tenants and others residing on their lands, 
and signifying to the minister of the interior, in writing, through his agents in their 
districts, the kind and description of fish which they have chosen to set apart for 
themselves. The landlords shall respectively pay for such notification the fees pre- 
scribed by the third part of this act; and it shall be the duty of the minister of the 
interior yearly to furnish the director of the government press with the list of said 
landlords, the districts and islands of their residence, and the kind of fish specially 
set apart by each, in the form of catalogue, which catalogue the said director shall 
cause to be once inserted, in Hawaiian and English languages, in the Polynesian 
