73 



§13-59-1 



"Zone 1" means the shoreward portions of Kawaaloa and 

 Moomomi Bays enclosed by straight lines drawn between Points 

 "A, " "B, " and "C. " 



"Zone 2" means the seaward portion of the Kawaaloa- 

 Moomomi Bays Subsistence Fishing Pilot Demonstration 

 Project, Molokai, seaward of Zone 1. [Eff ] 



(Auth: HRS §§188-22.6, 188-53) (Imp: HRS §§188-22.6, 

 188-53) 



§13-59-2 Prohibited activities . (a) No person shall 

 engage in any fishing or use marine life within the pilot 

 project area, except with a permit issued under section 

 13-59-3 providing for: 



(1) Within Zone 1, a permittee may fish or take 

 marine life only with hook-and-line, thrownets, 

 scoop nets, and hand harvesting methods,- and 



(2) Within Zone 2, all of the fishing provisions in 

 Zone 1 shall apply, and a permittee may use 

 spears between the hours of 6:00 a.m. and 6:00 

 p.m.; and use nets specifically to take akule . 



(b) All existing regulatory measures contained in 

 title 12, Hawaii Revised Statutes (HRS) and title 13, Hawaii 

 Administrative Rules (HAR) , relating to fishing or marine 

 life shall apply in the pilot project area. 



(c) Nothing in this section shall be interpreted to 

 prohibit any native Hawaiian traditional and customary 

 rights to the extent allowed by law. [Eff ] 

 (Auth: HRS §§187A-5, 188-22.6, 188-53) (Imp: HRS 

 §§187A-5, 188-22.6, 188-53) 



§13-59-3 Permitted activities . (a) The department 

 may issue a permit to fish in the pilot project area that is 

 valid for not more than one-year in duration to the 

 following : 



(1) Native Hawaiians to engage in subsistence 

 fishing; 



(2) Commercial fishermen to continue existing 

 commercial fishing; provided that the person has 

 a valid state commercial marine license, has no 

 standing violation or delinquency with the 

 department, and has fished in the pilot project 

 area (Statistical Area No. 312) during 1993 as 

 recorded by monthly fish catch reports submitted 

 to the department or has an exemption to 

 reporting as a crew member of a vessel recorded 

 fishing in the project area during 19 93; 



(3) Non-native Hawaiians to continue existing 

 recreational fishing,- and 



(4) Others to collect or take marine life for other 

 purposes pursuant to HRS and HAR. 



