Current through November, 2024
Section 13-95-53 - Spiny lobster(a) It is unlawful for any person to take, kill, possess, or sell any ula less than three and one-fourth inches in carapace length, measured in a straight line along the carapace or head, from the ridge between the two largest spines above the eyes to the rear edge of the carapace.(b) It is unlawful for any person to take, kill, possess, or sell any ula taken from the waters within the jurisdiction of the State during the months of May, June, July, and August.(c) The possession of any ula by any person during the months of May, June, July, and August is prima facie evidence that the person is guilty of a violation of this section; provided that any commercial marine dealer may sell, or any hotel, restaurant, or other public eating house may serve ula lawfully caught during the open season by first procuring a license to do so pursuant to section 1374-41.(d) It is unlawful for any person to take, kill, possess, or sell any ula with eggs. Any ula with eggs caught must immediately be returned to the waters from which the ula was taken. The possession of any ula showing indications of its eggs having been scraped or removed is prima facie evidence of a violation of this section.(e) It is unlawful for any person to pursue, take, or kill any ula in the State with a spear.(f) It is unlawful for any person to possess or sell any speared ula.(g) It is unlawful for any person to possess or sell any ula in a condition where the body is mutilated, or the carapace and tail are separated.(h) It is unlawful for any person to take or kill any female ula.[Eff DEC 03 1998] (Auth: HRS § 187A-5) (Imp: HRS § 187A-5)[Am and comp 1/31/21; Am and comp 2/22/2024] (Auth: HRS §§ 188-53) (Imp: HRS §§ 188-57)Historical note: Subsections 13-95-53(a) and (g) are based substantially upon Chapter 89 of Title 13. [Eff 5/26/81; am 6/6/83; am 6/25/84; am and comp 2/6/87; am and comp 5/5/88; am and comp 8/14/89; R 1/31/21] Chapter 89 of Title 13 was based substantially upon Regulation 22 of the Division of Fish and Game, Department of Land and Natural Resources, State of Hawaii. [Eff 3/28/58; am 10/6/58; am 7/9/59; am 7/18/59 (Governor's approval date); am 9/17/60 (Governor's approval date); am 8/4/78; R 5/26/81]