368 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 
be at liberty to appropriate such reserved fish to their private use; but when caught 
such reserved fish shall be the property of the konohiki, for which he shall be at 
liberty to sue and recover the value from any person appropriating the same. 
Sec. 391. The konohikis shall not have power to lay any tax or to impose any 
other restriction upon their tenants, regarding the private fisheries, than is herein- 
before prescribed, nor shall any such further restriction be valid. 
Sec. 392. It shall be competent to the konohikis, on consultation with the tenants 
of their lands, in lieu of setting apart some particular fish to their exclusive use, as 
hereinbefore allowed, to prohibit during certain months in the year all fishing upon 
their fisheries, and during the fishing season to exact of each fisherman among the 
tenants one-third part of all the fish taken upon their private fishing grounds. In 
every such case it shall be incumbent on the konohikis to give the notice prescribed 
in section 389. . 
Sec. 393. No person who has bought, or who may hereafter buy, any government 
land, or obtain lease or other title from any party, has or shall have any greater right 
than any other person resident in this kingdom over any fishing ground not included 
in his title, although adjacent to said land. 
Sec. 394. If that species of fish which has been abooed by any konohiki shall go 
on to the grounds which have been or may be given to the people, such fish shall 
not be tabooed thereon. It shall be tabooed only when caught within the bounds 
of the 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 le adjacent to each 
other. 
Sec. 395. Every konohiki or other person who shall willfully deprive another of 
any 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 willfully 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 willfully 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 such fine be imprisoned at hard labor not exceeding three months. 
Src. 396. The several district justices shall have power to try and punish all 
offenses against the provisions of the last preceding section committed in their 
respective districts. 
For some years the use of giant powder or dynamite in the fisheries 
was permitted. Owing to ignorance or carelessness in handling this 
dangerous explosive such a large number of persons had lost their 
lives or been maimed that in 1872 the following law forbidding its use 
was passed: 
AN ACT to prevent the use of explosive substances in taking Fish. 
Be it enacted by the King and the legislative assembly of the Hawaiian Islands in the 
legislature of the Kingdom assembled: Section 1. No person shall use giant powder or 
any other explosive substance in taking fish within or upon any harbors, streams, 
reefs, or waters within the jurisdiction of this Kingdom. 
Sec. 2. Whoever violates the provisions of the preceding section shall be punished 
by a fine not exceeding five hundred dollars and not less than twenty-five dollars, or 
by imprisonment at hard labor not exceeding five years and not less than three months, 
or both at the discretion of the court. 
Src. 3. The several district justices and police courts shall have concurrent jurisdic- 
tion in all cases under this act. 
