Haw. Rev. Stat. § 95
That all laws of the Republic of Hawaii which confer exclusive fishing rights upon any person or persons are hereby repealed, and all fisheries in the sea waters of the Territory of Hawaii not included in any fish pond or artificial inclosure shall be free to all citizens of the United States, subject, however, to vested rights; but no such vested rights shall be valid after three years from the taking effect of this Act unless established as hereinafter provided.
Fishing rights covered by land commission awards or held under the early laws of Hawaii, are vested rights under this §: 194 U.S. 154, 31 L.R.A. (N.S.) 397 (reversing 14 H. 465); 200 U.S. 255; 16 H. 308. Requirement that fishing right be established as provided in §96 in order to be valid, is constitutional. 35 Hawai'i. 608. Fisheries in streams are not covered by this § though the fish come from the sea: 18 H. 462. Fisheries free to citizens and alien residents alike before this Act continued so afterwards: 3 U.S.D.C. Haw. 227. This § repealed the penal remedy provided for in §482, R.L. 1905: 16 H. 307. This § does not prevent the requirement of a license fee for fishing for profit with a boat of more than a certain width: 19 Hawai'i. 643. Congress did not reserve exclusive control over the sea fisheries of the Territory: 21 H. 39 (Ann. Cas. 1915A 1155); 21 Hawai'i. 631; 31 Hawai'i. 678.
HRS § 95
Referred to in 39 H. 129.
Law Journals and Reviews
Loko i'a: A Legal Guide to the Restoration of Native Hawaiian Fishponds Within the Western Paradigm. 24 UH L. Rev. 657.