(a) Fishing—(1) Commercial fishing. Commercial fishing from parklands (above the high waterline) other than as provided for below is prohibited.
(2) Nets. The use of nets in fishing from parklands (above the high waterline) except for throw nets, is prohibited.
(3) Kalapana extension area; special fishing privileges.(i) Pursuant to the act of June 20, 1938 (52 Stat. 781; 16 U.S.C. 391b and 396a) Native Hawaiian residents of the villages adjacent to the Kalapana extension area added to the park by the above act and visitors under their guidance are granted the exclusive privileges of fishing or gathering seafood from parklands (above the high waterline) along the coastline of such extension area. These persons may engage in commercial fishing under proper State permit.
(ii) For the purposes of this section, the term “native Hawaiian” means any descendent of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778 (Act of June 20, 1938; 52 Stat. 784; 16 U.S.C. 396a ).
(b) Backcountry registration. No person shall explore or climb about the lava tubes or pit craters in the park without first registering with the superintendent and indicating the approximate length of time involved in the exploration and the number of people in the party. This section does not apply to the maintained trail through Thruston Lava Tube, nor the maintained trail down and across Kilauea Iki pit crater.
[34 FR 9338, June 13, 1969, as amended at 48 FR 30295, June 30, 1983]
Title 36 published on 2012-07-01
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