Longline fishing; description; prohibition
HRS §189-2.5
in effect189-2.5. Longline fishing; description; prohibition
(a) For the purpose of this section, longline fishing means fishing conducted with gear consisting of at least one mainline over one nautical mile in length, to which is attached a number of branchlines with baited hooks and which is suspended below the surface of the ocean by floatlines attached to surface floats.
(b) It is unlawful to engage in longline
fishing or to sell or offer for sale, any marine life taken with longline
fishing gear within the boundaries of the State's territorial sea.
(c) Pursuant to and in cooperation with the
joint federal-state Western Pacific Regional Fishery Management Council (WPRFMC
also known as WESPAC), of which Hawaii is a member, the State adopts and
incorporates by reference the rules adopted by the Western Pacific Regional
Fishery Management Council through the National Oceanic and Atmospheric
Administration (NOAA) for the management and regulation of longline fishing
activities.
(1) Accordingly, it is unlawful for any person to
possess, land, sell, or offer for sale any marine life taken by longline
fishing gear which is prohibited by or in violation of rules properly adopted
by the Western Pacific Regional Fishery Management Council through the National
Oceanic and Atmospheric Administration, which by incorporation and acceptance
are also the law of Hawaii.
(2) Any person or any fishing vessel fishing with
gear of at least one mainline over one nautical mile in length within the area
prohibited by rules properly adopted by the Western Pacific Regional Fishery
Management Council through the National Oceanic and Atmospheric Administration
and incorporated by the State shall be in violation of this section.
(d) The State shall have authority to enforce
this section and the rules adopted by the Western Pacific Regional Fishery
Management Council through the National Oceanic and Atmospheric Administration
and incorporated by reference into state law within:
(1) The State's marine waters as defined in section
189-1.5; and
(2) Those areas under the Western Pacific Regional
Fishery Management Council's jurisdiction where properly adopted rules have
been established to govern, regulate, and manage longline fishing activities;
provided that the Western Pacific Regional Fishery Management Council shall
have accepted and entered into a mutual working agreement with the State to
carry out these rules, including the joint deputizing of law enforcement
officials.
(e) The commercial marine license of any
person convicted of violating this section shall be revoked and penalties
pursuant to section 199-7, including equipment and gear seizure and forfeiture,
shall be assessed. Any person whose license has been revoked shall not be
eligible to apply for another license until the expiration of one year from the
date of revocation.
[L 1991, c 161, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0189/HRS_0189-0002_0005.htmFetched: 11/10/2026