This is a Preview of Hawaii Fishing Regulations.
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This is a preview of Hawaii Fishing Information and Regulations. For the Hawaii state rules and regulations guidebook Click link above.
You can also access each individual state regulation guidebook by clicking the links below to the main state Regulations page. There you will find the official State regulation Guidebooks for hawaii and the other 50 states and lower canadian providences.
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The Actual state Hawaii fishing regulation guidebooks are accessible by clicking on the state you would like to see from the home page map then clicking on the Hawaii state fishing regulations books.There you will find the fishing rules and fishing laws overviews for hawaii
They are also accessible by clicking on the Hawaii fishing reg. books below and accessing the Hawaii fishing regs link in the Hawaii Guidebooks listed below.
The complete Hawaii fishing Laws and hawaii fishing rules are available at the pertinent government agencies and at most state libraries.
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This information is presented to acquaint sport and commercial fishermen with State laws and rules pertaining to fishing in Hawaii. It is not to be used as a legal document. Failure to include complete statutes or administrative rules in this summary does not relieve persons from abiding by those statutes and rules. Any discrepancies between this summary and the statutes or rules from which it was prepared will be enforced and adjudicated according to the official statutes and rules in effect on the date the activity took place. The full text of the statutes and rules is available for review at most public libraries in the State and at DAR and DOCARE offices. Administrative Rules can also be downloaded from the HAR page on this site.
The provisions apply to all areas of the State, unless exempted or modified for certain specific management areas. No license is required for recreational saltwater fishing. A Freshwater Game Fishing License is required for the taking of certain freshwater fishes.
Fishermen are advised that many marine shoreline and freshwater areas of the State are private property, and that permission of the landowner is required for access. This publication does not imply or endorse the public's right to enter into or fish in such areas.
If questions arise concerning these regulations, please contact the nearest office of the Division of Aquatic Resources (DAR) or the Division of Conservation and Resources Enforcement (DOCARE).
This information is current as of September 2008, and subject to change.
Fishing - Common Questions
Do I need to get a license or permit to fish in the ocean?
There is no marine recreational fishing license in Hawaii for either residents or visitors, so you don't need to worry about that as long as you don't sell your catch. There are a few locations where shoreline fishing is prohibited, and you can see all the fishing regulations here.
Where can I fish in Hawaii?
We cannot recommend specific places to fish. Most shoreline areas in Hawaii are open to fishing, unless prohibited or restricted and indicated by signs. There should be prominent signs posted at key public access points to the shore where fishing is restricted. While the Hawaii Fishing Regulations booklet is a good reference, it does not list all areas where fishing is restricted. For example, military bases, wildlife refuges, natural area reserves, harbors, and other areas may not be listed in the HFR, but fishing may still be restricted. In addition, freshwater streams (fishing not available on all islands) do not usually have signs, but access is restricted by private property rights. It's best to fish in publicly-accessible areas, just to be certain.
If I catch an undersized or out-of-season fish and it dies before I can release it, can I keep it?
No, it is unlawful to take or possess undersized or out-of-season fish. We recommend that you release it, even though it's dead. While releasing a dead fish might seem wasteful, it is unlawful to possess such fish, and it will be recycled in the ocean. Allowing persons to keep undersized or out-of-season fish because it was dead would make the law unenforceable.
What do I do if I catch (or see) something that I do not recognize?
If you cannot identify the aquatic life you intend to take, then we recommend you not take it. It is better to be safe and not take something legal, than to take something illegal and risk being cited.
Can I snag fish in Hawaii?
Snagging is generally not prohibited. However, snagging is prohibited in certain MLCDs, FMAs, PFAs, and other managed areas. Fishers are advised that they are personally responsible for injuries to other fishers caused by their hooks, regardless of fishing method.
Can I take reef fish I collect myself back home with me for my aquarium?
Yes, persons may take reef fish, provided the fish meet minimum size, season, and other legal requirements. You should check with the appropriate agency in your home state for any restrictions on the kinds of animals they will allow to be imported. Many states have alien species concerns, which may include microscopic organisms, pathogens, or parasites in the water or on the fish. You should also check with your airline to find out their requirements and recommendations for shipping live fish.
Do I need a permit to collect reef fish for my home aquarium?
It depends on the mesh size of the gear you are using to capture the fish. Small mesh means less than two inches mesh. A permit is not required if a) the net has large mesh (more than two inches mesh); b) the net has small mesh but is less than three feet in length, height, or width, including the handle; or c) using a slurp gun. An aquarium permit is required if you are using a small mesh net other than a hand net, or a small mesh hand net larger than the dimensions indicated above. Small mesh throw nets are always prohibited. Even with an aquarium permit, regulations such as minimum size, season, bag limits, etc., still apply. The aquarium permit only exempts you from the small mesh restriction.
How do I register a boat?
To register a vessel, you must contact the Division of Boating and Ocean Recreation. They have offices at most major harbor facilities.
What do I do if I see a violation?
We recommend that the public report all violations or potential violations to DOCARE at 643-3567. Even if you do not see an officer respond in person, your call is still important. The information may be used to create a list of problem areas where more directed enforcement resources could be focused.
Special Provisions, Licenses, and Permits
Closed Season License (lobster and Kona crab) - HAR 13-74, HAR 188-57
During the closed season, a dealer may sell, or a hotel or other public eating establishment may serve spiny lobster, slipper lobster, or Kona crab lawfully caught in the waters of the State during the open season by first obtaining an appropriate Special Marine Animal or Product Possession and Sale License. Also, see special provisions applicable to commercial fishing in the Northwestern Hawaiian Islands, and to imported marine life. License fee $50. Duplicate $10.
Baitfish License - HAR 13-74, HRS 188-45
Commercial fishermen may apply for a license to take baitfish other than nehu for use in fishing operations where fish are caught and landed in the State. No baitfish caught may be sold or transferred except for bait purposes. License fee $50. Duplicate $10.
A license for taking nehu may be issued to persons employed on live-bait tuna boats, only if the person's principal means of livelihood is derived from tuna fishing and the sale of tuna, and the fish are caught and landed in the State; such nehu may not be sold to others.
Each license shall cover the operation of one fishing vessel, and must be carried aboard the boat at all times. Each licensee must furnish monthly baitfish catch reports fo the Department of Land and Natural Resources.
Imported marine life - HAR 13-74, HRS 189-6
Unlawful to possess, sell or offer for sale any aquatic life or product thereof of any size taken outside the waters of the State, when the taking, possession or sale of the same species is restricted if taken within the waters of the State, without first obtaining an appropriate Special Marine Animal or Product Possession and Sale License. License fee $50. Dup. $10.
Scientific, educational or propagation purposes - HRS 187A-6
Any person with a bona fide scientific, educational or propagation purpose may apply in writing to obtain a Special Activitiy Permit to legally take certain aquatic life, use certain gear, and gain entrance into certain areas otherwise prohibited.
Freshwater game fishing - HAR 13-74, HRS 188-50
Unlawful to fish for, catch or take any freshwater game fish without first obtaining a Freshwater Game Fishing License. License fee $5 (residents over 15 years of age, military personnel on active duty in the State and their spouse and dependents over 15 years of age); $3 (all minors between nine and 15 years of age); no charge (all senior citizens 65 years of age or over); $25 (non-resident); $10 (7-day tourist), and $20 (30-day tourist). Minors below nine years of age may fish without a license when accompanied by a licensee. Duplicate $1.
Where bag limits are specified, each licensee may take only one bag per day. The catch of a child below nine years of age will be considered part of the catch of the licensed supervising adult accompanying the child. A child under nine years of age who wishes to take a bag limit on his/her own must purchase a valid freshwater fishing license.
Unlawful to sell introduced freshwater game fish.
Fisherman harassment - HRS 188-71
Unlawful to prevent or attempt to prevent the lawful taking of fish by licensed freshwater anglers, including by means of affecting behavior of fish, affecting personal property for fishing, or ob-structing access to fishing areas.
Unlawful to enter or remain on public lands or waters, or private lands or waters without landowner's permission, for this purpose.
Release of non-native aquarium life - HRS 187A-6.5
No person shall release any live non-native fish or other live non-native aquatic life into any waters of the State.
Longline Fishing - HRS 189-2.5
Defined: Longline fishing is 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. The mainline is suspended below the surface by floatlines attached to surface floats.
Unlawful to engage in longline fishing within state waters, or sell or offer for sale any marine life taken with longline fishing gear within state waters.
Unlawful to possess, sell or offer for sale any marine life taken by longline fishing gear which is prohibited by or in violation of rules adopted by the Western Pacific Fishery Management Council through the National Oceanic and Atmospheric Administration.
Shark Finning - HRS 188-40.5
Unlawful to knowingly harvest shark fins from State waters, or land shark fins in the State regardless of the waters in which the sharks were caught, unless fins were taken from a shark landed whole in the State.
Violators subject to seizure and forfeiture of shark fins, commercial marine license, fishing vessel, and fishing equipment; plus fines of not less than $5,000, nor more than $15,000, plus administrative and attorney's fees and costs.
Shark Feeding - HRS 188-40.6
Unlawful to conduct any activity related to the feeding of sharks in state waters.
Persons engaged in taking marine life that results in captured, injured, or dead fish being incidentally eaten by sharks are not in violation, provided the purpose of taking marine life is not the feeding of sharks.
Persons may feed sharks for traditional Hawaiian cultural or religious practices, provided the feeding is not part of a commercial activity.
Manta Rays
Unlawful to knowingly capture or kill a manta ray within state waters.
Dive Flags - HAR 13-245-9
Spearfishers and other divers must mark their position with a dive flag while diving in navigable water, and may not surface more than 100 feet from the dive flag except in an emergency.
Dive flags shall be displayed only when diving in in progress, and must be removed from the water when no diving is in progress.
Dive flags displayed on the surface of the water must be a minimum of 12"x12". If mounted on a vessel greater than 16 feet in length, dive flags must be a minimum of 20"x20" and displayed with a blue and white alpha flag.
Beginning in 2001, the National Marine Fisheries Service (NMFS) and the Hawaii Division of Aquatic Resources (DAR) began collecting marine recreational fishery data in Hawaii, administered through the Hawaii Marine Recreational Fishing Survey (HMRFS). Data will be collected through the Marine Recreational Fishery Statistics Survey (MRFSS), which has been conducted in the continental U.S. since 1979. DAR staff will collect catch data at various sites around the state. Access sites are distributed among shoreline, private boats, boat ramps, marinas, and charter boats. To estimate the total number of fishing trips and anglers, telephone interviews of Hawaii households and charter boat captains will be conducted by NMFS and DAR, respectively.The DAR is providing staff and base level funding to support HMRFS sampling in Hawaii. Their experience and knowledge of local recreational fisheries will help to maximize the efficiency of the HMRFSS in Hawaii. The NMFS will contribute funds to increase sample size and coverage as well as provide administrative experience and statistical support to DAR staff. From 2001 through September 2008, personnel will have completed over 20,000 field interviews, 50,000 telephone interviews and almost 3,000 interviews of charter boat captains.
Background
The State of Hawaii (Territory before 1959) has collected commercial catch and effort data since the late 1940's from commercial fishermen on mandatory catch reports, and from other sources since the early 1900's. It has not collected data on non-commercial marine fishing by any systematic means, although occasional surveys have been fielded. Hawaii does not have a mandatory recreational marine fishing license as many other coastal states do, and does not have mandatory reporting of recreational catches. Neither did Hawaii have a comprehensive recreational fishing creel survey until recently. Glazier (1999) compiled and documented all existing studies and reports on recreational fishing, including any recreational fishing surveys conducted in recent history.
The US Fish and Wildlife Service conducts a telephone survey every five years where they estimate the total numbers of fishermen and hunters in each state. The 1995 survey (published in 1996) estimated that about 260,000 people fished recreationally in Hawaii in that year, of which about half were residents. The estimated 130,000 Hawaii residents who fish recreationally far outnumber the 3,500+ licensed commercial fishermen in Hawaii. However, good estimates of the total catch and effort by the non-commercial sector are lacking and guesses as to the total harvest taken by non-commercial fishing vary widely depending on whether one believes that non commercial fishermen take more or less fish than commercial fishermen. What is certain is that non-commercial fishermen take a substantial amount of fish and the lack of non-commercial catch and effort information makes it very difficult to make fishery management decisions that attempt to accommodate all sectors of the fisheries. Likewise, the interests of non-commercial fishermen suffer because of "lack of representation" and uncertainty about the impacts of management decisions, good or bad, on their sector simply due to lack of information.
The Western Pacific Regional Fishery Management Council's Pelagic Fisheries Recreational Data Task Force was formed in 1999 to assess the status of recreational fishing data collection in Hawaii and to recommend solutions to the Council. The Task Force was formed in response to a developing international agreement to manage tuna and billfish in the Pacific Ocean, called the Multilateral High-level Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific (MHLC). The MHLC resulted in the formation of the Western and Central Pacific Fisheries Commission. The commission could eventually allocate harvest quotas among various Pacific fishing nations, depending on the total harvest of each country. If recreational fish catch were not counted, it would be possible for recreational fishermen to be denied a harvest allocation when these allocations were made.
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