§13-60.5-3 - Definitions.

§13-60.5-3 Definitions.

         As used in this chapter:

         "Refuge" means the Northwestern Hawaiian Islands marine refuge.

         "Board" means the board of the department of land and natural resources.

         "Department" means the department of land and natural resources.

         "Documentation" means documents or a number that verifies that the United States coast guard has recorded the vessel pursuant to 46 C.F.R. Part 46 and other applicable federal laws.

         "Emergent land" means any land that is exposed, or would be exposed, above the surface of the water at the lowest tide.

         "Extractive uses" means any method, means, actions or activity that removes natural or cultural resources from the refuge.

         "Marine life" means any type of species of saltwater fish, shellfish, mollusks, crustaceans, coral, or other marine animals, including any part, product, egg, or offspring thereof; or seaweeds or other marine plants, including any part, product, seed, or root thereof, and protected species of turtles, marine mammals and seabirds.

         "Non-extractive" means any action that does not involve the taking of marine life.

         "Registration" means to assign a number to a vessel pursuant to chapter 13-241.

         "Scientific purposes" means observing, identifying, describing, investigating, collecting marine life and abiotic samples for analysis and study and theoretically explaining natural phenomena, including the principles and processes necessary to form concepts, to conduct observations or experiments, and to validate hypotheses by observation or experiment.

         "State marine waters" means the area extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary.

         "Subsistence" means harvesting for direct personal or family consumption and not for commercial purposes.

         "Take" means to fish for, catch, capture, and confine, collect, or harvest or attempt to fish for, catch, capture, confine, collect, or harvest marine life. The use of any gear, equipment, tool, or any means to fish for, catch, capture, confine, or harvest, or to attempt to fish for, catch, capture, confine, collect, or harvest, marine life by any person who is in the water, or in a vessel on the water, or on or about the shore where aquatic life can be fished for, caught, captured, confined, collected, or harvested, shall be construed as taking.

         "Traditional and customary practices" means Native Hawaiian traditional and customary practices as defined under the Hawaii State Constitution, statutes and case law.

        [Eff 10/20/2005] (Auth: HRS §§187A-5, 188-37, 188-53) (Imp: HRS §§187A-5, 188-37, 188-53)

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