Haw. Code R. § 13-95-16 - Uhu

(a) It is unlawful for any person to take, possess, or sell any uhu 'ele'ele, uhu uliuli, uhu pa[BAR]lukaluka, or uhu 'ahu'ula less than fourteen inches in length.

(b) Any other department size restriction notwithstanding, subject to subsection (a), it is unlawful for any person to take, possess, or sell any other uhu less than ten inches in length.

(c) Subject to subsections (f) and (h), it is unlawful for any person to take more than two uhu of any variety per day or possess more than two uhu of any variety at any one time.

(d) It is unlawful for any person to take uhu for commercial purposes without a valid commercial uhu fishing permit.

(e) The department shall, upon receipt of a valid application and appropriate fee payment, issue a commercial uhu fishing permit to any individual who possesses a valid commercial marine license. The fee for the issuance or renewal of a commercial uhu fishing permit shall be $100. A commercial uhu fishing permit shall be valid from the date of issuance and shall expire on the expiration date of the permittee's commercial marine license.

(f) A commercial uhu fishing permittee participating in a commercial uhu fishing trip may take more than two uhu per day, and possess more than two uhu at any one time, provided that:

(1) No species of uhu other than uhu pa[BAR]lukaluka and uhu 'ele'ele may be taken or possessed on a commercial uhu fishing trip;

(2) Commercial harvest or sale of uhu shall be prohibited when the commercial uhu fishing season is closed pursuant to subsection (i); and

(3) The department may establish additional restrictions on the commercial take or possession of uhu pursuant to adaptive management authority under § 187A-5(b), HRS.

(g) It is unlawful for any commercial marine dealer to purchase, obtain, exchange, transfer, possess, or sell uhu unless the commercial marine dealer has registered with the department as a commercial uhu dealer.

(h) A registered commercial uhu dealer may purchase, obtain, exchange, transfer, possess, and sell more than two uhu if in compliance with section 189-11, HRS, provided that:

(1) No species of uhu other than uhu pa[BAR]lukaluka and uhu 'ele'ele may be purchased, obtained, exchanged, transferred, possessed, or sold; and

(2) No uhu may be purchased, obtained, exchanged, transferred, possessed, or sold when the commercial uhu fishing season is closed pursuant to subsection (i), provided further that uhu legally obtained prior to the date of closure may be possessed and sold after the date of closure.

(i) There is established an annual catch limit (ACL) of 30,000 pounds for the commercial uhu fishery. Commercial uhu catch shall be tallied beginning in June of each year. When the ACL is reached, the department shall notify commercial uhu fishing permittees and registered commercial uhu dealers that the commercial uhu fishing season will close. Notice shall be made in writing by mail or email to the address on file with the department no less than three days prior to the closure of the season.

Notes

Haw. Code R. § 13-95-16

[Eff 12/03/98; am DEC 19 2002] (Auth: HRS § 187A-5) (Imp: HRS § 187A-5) [Comp 1/31/21; Am and comp 2/22/2024] (Auth: HRS §§ 190-3) (Imp: HRS §§ 188-53, 190-4)