COMMERCIAL FISHERIES 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 J. 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, however, 
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. j 
‘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 neverthe’.s°. 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 
