Section 13-60.4-5 - Activities prohibited within selected areas(a) No person may engage in fish feeding while within any of the marine reserves, fish replenishment areas, or netting restricted areas described in section 13-60.4-2(b) or any of the other areas listed in section 13-60.4-2(c).(b) While within the fish replenishment areas described in section 13-60.4-2(b)(2) to (10), or while within any of the areas listed in section 13-60.4-2(c) other than the Kiholo Bay fisheries management area, no person may: (1) Collect aquatic life for aquarium purposes; or(2) Possess any aquarium collecting gear, or take or possess any specimen of aquatic life for aquarium purposes, except that aquarium collecting gear or aquatic life collected for aquarium purposes may be possessed while onboard a vessel in active transit through the areas, provided that no collecting gear is in the water during the transit. Boats that are adrift, anchored, or moored are not considered to be in active transit.(c) No person may lay net fish while within the following areas, as described in section 13-60.4-2(b) and in the tables located at the end of this chapter entitled "Table of Reference Coordinates to Marine Reserve and Fish Replenishment Area Boundaries", dated 12/12/12, and "Table of Reference Coordinates to Netting Restricted Area Boundaries", dated 12/12/12:(1) Puako-'Anaeho'omalu fish replenishment area;(2) Kikaua Point-Makole'a netting restricted area (Kekaha Kai State Park);(3) Nenue Point(Red Hill fish replenishment area)-Kealakekua Bay netting restricted area;(4) Hanamalo Point-Kanewa'a Point netting restricted area;(5) Kanonohe-Kalipoa netting restricted area; and(6) Kaloko-Honokohau fish replenishment area, except that a person may lay net fish in the Kaloko-Honokohau fish replenishment area using only a locally-constructed, handmade lay net of natural fibers, that is used in compliance with section 13-60.4-6.(d) Except as provided in subsection (e), and subject to all other applicable laws, while within the Ka'upulehu marine reserve no person may: (1) Take or attempt to take any specimen of aquatic life, provided that the following species may be taken by hook-and-line seaward of the twenty fathom (120 feet) depth contour: Pristipomoides filamentosus ('opakapaka), Pristipomoides sieboldii (kalekale), Aphareus rutilans (lehi), Pristipomoides zonatus (gindai), Etelis coruscans (onaga), Etelis carbunculus (ehu), Epinephelus quernus (hapu'upu'u), Aprion virescens (uku), Lutjanus kasmira (ta'ape), Cephalopholis argus (roi), Lutjanus fulvus (toau), Iniistius pavo (nabeta), Katsuwonus pelamis (aku), Thunnus spp. ('ahi and tombo), Family Istiophoridae (a'u), Acanthocybium solandri ('ono), Coryphaena spp. (mahimahi); and provided further that Ranina ranina (kona crab) may be taken by kona crab nets only, while seaward of the twenty fathom (120 feet) depth contour;(2) Possess any specimen of marine life other than the species listed in subsection (d)(1) above;(3) Possess or use any fishing gear other than hook-and-line or kona crab nets or both; or(4) Deploy any fishing gear (including hook-and-line or kona crab nets) shoreward of the twenty fathom (120 feet) depth contour.(e) The department may issue permits in accordance with sections 187A-6 and 188-53, Hawaii Revised Statutes, for the take of non-native or invasive species of fish and invasive algae from the Ka'upulehu Marine Reserve.(f) Subsections (d) and (e) of this section shall be effective until June 30, 2026, or until the effective date of rules implementing a comprehensive fisheries management plan as developed by the department in consultation with the Ka'upulehu community and other interested parties, whichever occurs later.[Eff 12/26/13; am 7/29/16] (Auth: HRS §§ 187A- 5, 188-53, 188F-6) (Imp: HRS §§ 187A-5, 188-53, 188F-6)Am and comp 3/11/2023 (Auth: HRS § 190-3) (Imp: HRS § 190-3)