THE FISHERIES AND FISHING LAWS OF HAWAII. 367 
konohiki’s private fishery. Nor shall it be lawful for a konohiki to taboo more than 
one kind of fish upon any fishing grounds which lie adjacent to each other. 
Sec. 3. Every konohiki or other person who shall wilfully deprive another of his 
legal rights to fish on any fishing ground which now is or may become free to the 
use of the people, or who shall wilfully exact from another any portion of the fish 
caught on any public fishing ground, or who shall wilfully exact of another for the 
use of any private fishery a greater amount of fish than by law he is entitled to 
receive as his share, and any tenant or other person who shall wilfully deprive any 
konohiki of his fishing rights by appropriating to himself the tabooed fish of said 
konohiki, or otherwise, shall be punished by a fine not exceeding one hundred dollars 
for every such offense, in the discretion of the court, and in default of the payment 
of said fine be imprisoned at hard labor until the same is paid. 
Sec. 4. The several district justices of the Kingdom shall have power to try and 
punish all offenders against the provisions of the preceding section committed in 
their respective districts. 
Src. 5. This act shall take effect ten days from and after the publication of the 
same in the Elele and Polynesian newspapers. 
In 1859 a civil code, embracing all the laws then in force, was pre- 
cos) 
pared for and passed by the legislature. The sections relating to the 
fisheries were as follows: 
CuapTerR VII.—ArticLte V.—Of the fisheries. 
Sec. 384. All fishing grounds appertaining to any government land, or otherwise 
belonging to the government, excepting only ponds, shall be, and are hereby, 
forever granted to the people, for the free and equal use of all persons: Provided, 
however, That for the protection of such fishing grounds the minister of the interior 
may taboo the taking of fish thereon at certain seasons of the year. 
Sec. 385. Jhe minister of the interior shall give public notice of any such taboo 
imposed by him, and no such taboo shall be in force until such notice has been given. 
Every person who shall violate such taboo shall be punished by a fine not exceeding 
fifteen dollars and the value of the fish taken. 
Src. 386. No person residing without the kingdom shall take any fish within the 
harbors, streams, reefs, or other waters of the same for the purpose of carrying them 
for sale, or otherwise, to any place without the kingdom, under penalty of a fine not 
exceeding two hundred dollars, in the discretion of the court. 
Sec. 387. 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 law, be considered the private property of the konohikis, whose lands, 
by ancient regulation, belong to the same; in the possession of which private fisheries 
the said konohikis shall not be molested, except to the extent of the reservations 
and prohibitions hereinafter set forth. 
Sec. 388. The konohikis shall be considered in law to hold said private fisheries 
for the equal use of themselves and the tenants on their respective lands, and the 
tenants shall be at liberty to use the fisheries of their konohikis, subject to the 
restrictions imposed by law. 
Sec. 389. The konohikis shall have power each year to set apart for themselves 
one given species or variety of fish natural to their respective fisheries, giving public 
notice by viva voce proclamation, and by at least three written or printed notices 
posted in conspicuous places on the land, to their tenants and others residing on 
their lands, signifying the kind and description of fish which they have chosen to 
be set apart for themselves. 
Sec. 390. The specific fish so set apart shall be exclusively for the use of the konohiki 
‘if caught within the bounds of his fishery, and neither his tenants nor others shall 
