Gear Restrictions

Thrownets

Minimum size: 2-inch stretched mesh.
Possession of thrownets with mesh size less than 2 inches in or near the water where fish may be taken is unlawful.
Unlawful to sell thrownets with mesh size less than 2 inches.

Gill, Draw, Drag, Seine, or Other Nets

Minimum mesh size for nets generally: 2-inch stretched mesh.
Unlawful to leave any gill net unattended for any amount of time.
Unlawful to leave any gill net in the water for a period of more than four hours in any 24-hour period.
Fishers must complete a visual inspection of the entire net within two hours of deployment and release any threatened, endangered, prohibited, or unwanted species.

Exceptions

All persons may use hand nets or scoop nets of smaller mesh to take fish and other marine life for noncommercial purposes only, provided the net (including handle and other attachments) does not exceed three feet in any dimension.
Licensed pond owners or operators may use nets of smaller mesh to take young mullet (pua) to stock their ponds.
Commercial Marine licensees with a Bait License may use nets of smaller mesh to take ‘iao, Marquesan sardine, gold-spot herring, or any other species for which the Department declares an open season for use as bait.
All persons may use nets of smaller mesh to take shrimp (‘ōpae), ‘ōpelu, and makiawa.
All persons using surround nets with SCUBA may use nets of not less than 1½ inches to bag and transport fish captured with legal gear to the shore or boat.
See provisions relating to taking akule (halalū) and nehu, and provisions affecting particular areas.

Akule Nets

Unlawful for any person without a valid commercial marine license to take akule with any net that has less than 2¾” stretched mesh, except landing nets as indicated below.
Unlawful for any person without a valid commercial marine license to take akule using the bag net fishing method.
Unlawful for any commercial marine licensee to take akule while using:
- Lay net fishing method with net that has less than 2¾” stretched mesh
- Surround net fishing method with net that has less than 2½” stretched mesh
- Bag net fishing method with net that has less than 1½” stretched mesh
Unlawful for any commercial marine licensee to keep akule in a bag net in the ocean for more than 3 days without notifying the department, explaining the reasons, and when the bag net will be removed. Immediate removal may be required if necessary to prevent waste of akule or alleviate public safety risk.
Use of landing nets of any mesh size is permitted, provided the opening of the landing net is less than 4 feet in any dimension (excluding handle).
Use of throw nets with mesh of two inches or greater is permitted.

Drift Nets

Possession or use of drift gill nets is prohibited in State waters.

Lay Nets (Statewide)

Dimensions

Minimum mesh size: 2¾-inch stretched mesh
Maximum net length: 125 feet
Maximum net height: 7 feet

Permits and Identification

Unlawful to possess or use a lay net without first obtaining a lay net permit.
- Fee: Hawai’i residents — no charge; non-residents — $25; duplicate — $10
Nets must be tagged as specified, attached at each end of the float line and lead line (at least four attachment points per net); each tag must legibly display the permit number.
Unlawful to falsely identify (tag) any lay net.
Nets must be marked by surface buoys as specified; buoys shall legibly display the permit number, be marked with reflective tape, and be visible above the surface of the water; two buoys per net (one at each end of the float line).

Fishing Rules

Lay nets may not be used during the period from ½ hour after sunset to ½ hour before sunrise.
Unlawful to fish with more than one lay net at a time.
Unlawful to leave a lay net unattended for any amount of time.
Lay nets must be inspected completely within 2 hours after the beginning of the set; all threatened, endangered, prohibited, or unwanted species must be released.
Lay nets may not be used for more than 4 hours during any set. The same person may not set another lay net within 24 hours after the end of a set.
Lay nets may not be used in water more than 25 feet deep, except that commercial marine licensees may use lay nets in water up to 80 feet deep.
Unlawful to use a lay net within 250 feet of another lay net.
Multi-panel lay nets are prohibited.
Unlawful to retrieve a lay net in a manner that causes any stony coral to break from its attachment to the bottom or into smaller pieces; no stony coral may be brought to the surface in the net.
Unlawful to discard, abandon, or leave any lay net (or portion thereof) in the water for longer than 4 hours.
Lay nets may not be used in freshwater streams or stream mouths.

Prohibited Areas for Lay Nets

Unlawful to use lay nets within:

3 miles of the shoreline around the entire island of Maui
Off O’ahu: south shore from Kawaihoa Pt. to Keahi Pt.; Kailua Bay from Mōkapu Pt. to Wailea Pt.; Kāne’ohe Bay between the sampan and ship channels.

Detailed maps available at DAR offices.

Lay Nets — Moloka’i Special Rules

Maximum net length: 750 feet when set end-to-end; maximum height: 7 feet; minimum mesh: 2¾ inches stretched.
Net users must first obtain a lay net permit from the department.
Net users must attach at least 4 identification tags to each lay net as specified; at least one tag at each end of both the float and lead lines (minimum 4 attachment points per net).
Nets must be marked with at least 2 surface buoys (one at each end); buoys must display the permit number, be marked with reflective tape, and be large enough to be visible to the naked eye from 1,320 feet.
Lay nets may not be set for more than 12 hours during any one set. The same person may not set another lay net within 24 hours after ending the set.
Lay nets may not be set within 1,320 feet of another lay net already set.
Lay nets must be inspected at least twice along the entire length during the set; all unwanted, prohibited, threatened, or endangered species must be released.

Traps

Minimum mesh size:
- Netting: 2-inch stretched mesh
- Rigid material: 2 inches by 1 inch
- Entrance cones: no minimum mesh size
Traps for shrimp and ‘opae: no minimum mesh size.
Traps must be portable and not exceed 10 feet in length or 6 feet in height or width.

Aquarium Purposes

Any person with facilities for keeping live fish in reasonably good health may apply for an Aquarium Fish Permit to legally use fine mesh traps or nets (other than thrownets) for taking certain aquatic life.
Noncommercial aquarium fish collectors are limited to a combined total of 5 fish or aquatic life specimens per person per day.

Bullpen Traps

Total length of a “bullpen” trap may not exceed 2,000 feet (including the length of the guide(s) and pen).
Total soak time may not exceed 16 hours.
Bullpen traps must be set more than 1,000 yards from shore, except on Moloka’i where they may be set:
- Beyond 500 yards from shore west of Kaunakakai Wharf
- Beyond 200 yards from shore east of Kaunakakai Wharf

Unlawful to discard or otherwise dispose of any fishing net, trap, or gear (or parts thereof) in the waters of the State.

Firearms and Spears

Fishing with spears is allowed for all fishes, but must follow minimum size requirements for spearing of certain species, closed seasons, and other restrictions.
Unlawful to spear any crustacean (except introduced freshwater prawn), turtle, or aquatic mammal at any time.
Unlawful to pursue, take, or kill any fish, crustacean, mollusk, turtle, or marine mammal with firearms, except tuna and billfish that have been gaffed.

Drones (Unmanned Aerial Vehicles)

Unlawful to possess or use any drone for the purpose of taking aquatic life except with a permit.
Drones may be used for simple reconnaissance.

Explosives, Electro-Fishing Devices, Chemicals, Poisons, and Intoxicants

Unlawful to fish with, attempt with, or have in possession on or near the shore where fish can be taken.
Permits may be issued for certain legitimate purposes.