COMMERCIAL FISHEEIES OF THE HAWAIIAN ISLANDS. 437 



the habit of fishing, of fish killed by giant powder or other explosive substance shall 

 be prima facie evidence that the person in whose possession such fish were found 

 used giant powder or some other explosive substance in taking such fish, contrary 

 to the provisions of this act. 



"Sec. 2. Whoever violates the provisions of this act shall be punished by a fine 

 not exceeding one hundred dollars and not less than twenty-five dollars, or by 

 imprisonment at hard labor not exceeding six months, or both, in the discretion of 

 -►the court. 



"Sec. 3. The several district justices and police courts shall have concurrent juris- 

 diction in all cases under this act." 



(Law was passed first in 1872 and has been amended frequently since.) 



"Section L It shall not be lawful for any person to take, catch, or destroy the 

 young of the fish known as the mullet and the awa under four inches in length in 

 any of the bays, harbors, waters, or streams of this Kingdom: Provided, hoiuerer, 

 That nothing in this act shall prevent the taking of the fish herein above prohibited 

 for the purpose of stocking ponds. 



"Sec. 2. It shall not be lawful for any person to sell or offer for sale, or have in 

 his possession, except alive, any of the young fish mentioned in section one of this 

 act. 



"Sec 3. Any person violating the provisions of this act shall, upon conviction 

 before any police or district magistrate, be punished by a fine of not less than twenty 

 dollars nor more than two hundred dollars, or by imprisonment at hard labor for not 

 less than ten nor more than ninety days, or by both such fine and imprisonment, in 

 the discretion of the court: Provided nevertheless, That no such fine shall be imposed 

 upon any person who, fishing for other fish, accidentally takes or catches no more 

 than forty of the young fish mentioned in section one of this act. 



"Sec. 4. This act shall take effect from and after the date of its approval." 



( Law approved September 6, 1888. ) 



While in general the effect of the extinguishment of the "fishery 

 rights" will be extremely beneficial to the fisheries, in some respects 

 it will not be wholly advantageous unless the territorial government 

 takes prompt action. A few of the more public-spirited owners of 

 "fishery rights" made every possible effort to conserve and increase 

 the' supply of fish, and through the medium of the provision in the law 

 allowing such owners "in lieu of setting apart some peculiar fish to 

 their exclusive use * * * to prohibit during certain indicated 

 months of the year all fishing of every description upon their fisher- 

 ies," they placed tabooes on certain fish — notably the ama-ama^ — during 

 their spawning seasons, and thus gave a measure of protection which 

 is entirely lacking at present. The only species now protected are the 

 young of the ama-ama and the awa, it being unlawful to take these 

 fishes under 4 inches in length. So far as the ama-ama is concerned 

 this law is disregarded in all but a few places. Thousands of young 

 mullet, from 1 to 2 inches in length, and known as "pua," are taken 

 by the fishermen of Molokai and Maui in fine-meshed nets and sold. 

 Large quantities are taken in the fisheries of the other islands, also, 

 particularly Oahu, and sold to the workmen on the sugar plantations. 

 As the ama-ama is one of the most valuable elements in the fisheries, 

 every effort should be made to conserve it, and if the law were rigidly 



