THE FISHERIES AND FISHING LAWS OF HAWAII. 369 
In 1888 this law was amended as follows: 
Section 1. That section 1 of an act entitled ‘‘ An act to prevent the use of explo- 
sive substances in taking fish,’’? approved June 3, A. D. 1872, be, and the same is 
hereby, amended by adding to said section the following words: 
‘“The possession by fishermen, fish venders, or persons in 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. That section 2 of said act be, and the same is hereby, amended so as to 
read as follows: 
‘“Whoever violates the provisions of this act shall be punished by a fine not 
exceeding two hundred dollars and not less than fifty dollars, or by imprisonment at 
hard labor not exceeding one year, or both, in the discretion of the court.” 
The general act was again amended in 1892, so as to make the pen- 
alty a fine not exceeding $100 nor less than $25, or by imprisonment 
at hard labor not exceeding six months, or both, in the discretion of 
the court. Unfortunately this law is not very closely enforced, and 
as a result great destruction is still being wrought to the fisheries by 
the use of this explosive, especially in the more inaccessible portions 
of the islands. 
For many years it had been a common practice for the fishermen to 
catch young fish, particularly the mullet and awa, and sell them. This 
had proved such a heavy drain upon the supply of these species that 
in 1888 the following law was adopted: 
AN ACT to provide for the protection of certain fish within the bays, harbors, waters, or streams of 
the Hawaiian Islands. 
Be it enacted by the King and the Legislature of the Hawaiian Kingdom: 
Section 1. 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 4 inches in length in 
any of the bays, harbors, waters, or streams of this Kingdom: Provided, however, 
That nothing in this act shall prevent the taking of the fish herein above prohibited 
for the purpose of stocking ponds. 
Src. 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 1 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 1 of this act. 
Sec. 4. This act shall take effect from and after the date of its approval. 
Approved this sixth day of September, A. D. 1888. 
In 1892 the following amendment to a previous law, designed to 
clear up disputed points which had arisen, was passed: 
Be it enacted by the Queen and Legislature of the Hawaiian Kingdom: 
Section 1. Section 388 of the civil code shall be, and the same is hereby, amended 
to read as follows: 
“Spc. 388. The konohikis shall be considered in law to hold said private fisheries 
for the equal use of themselves and of the tenants on their respective lands; and the 
F. C. 1901——24 
