§190-1 Conservation area; administration.
All marine waters of the State are hereby constituted a marine life
conservation area to be administered by the department of land and natural
resources subject to this chapter and any other applicable laws not
inconsistent herewith or with any rules adopted pursuant hereto. No person
shall fish for or take any fish, crustacean, mollusk, live coral, algae or
other marine life, or take or alter any rock, coral, sand or other geological
feature within any conservation district established pursuant to this chapter
except in accordance with section 190-4 and rules adopted by the department
pursuant hereto. [L 1955, c 192, §2; RL 1955, §21-131; am L Sp 1959 2d, c 1,
§22; am L 1961, c 132, §2; HRS §190-1; am L 1981, c 16, §1]
Law Journals and Reviews
Protecting Hawai`i's
Fisheries: Creating an Effective Regulatory Scheme to Sustain Hawai`i's Fish
Stocks. 29 UH L. Rev. 243 (2006).
Mai Kēia Manawa ā Mau Loa Aku: Kānaka Maoli Governance
Through Nearshore Fisheries Management in Mo`omomi. 45 UH L. Rev. 185 (2022).
Notes of Decisions
Umberger v. Dep't of Land & Nat. Resources., 403 P.3d 277 (Haw. 2017).
· cites it 2× “The inclusion of State marine waters within conservation districts designated by the Land Use Commission is reinforced by HRS § 190-1 (2011), which provides that “[a]ll marine waters of the State .”
Simpson v. Dep't of Land & Nat. Resources, 791 P.2d 1267 (Haw. App. 1990).
· cites it 2× “2 HRS § 190-1 (1985) provides that “[ajll marine waters of the State are hereby constituted a marine life conservation area” subject to administration by the DLNR.”
Nelson v. Boone, 890 P.2d 313 (Haw. 1995).
“Compare HRS § 656-1 with Revised Laws of Hawai'i § 190-1 (1955). 8 . We also observe that there is additional evidence in the record suggesting the Appellees’ apparent motivation for asserting the Statute of Frauds defense: a substantial increase in the subject property's value.”
Waterhouse v. Capital Inv. Co., 353 P.2d 1007 (Haw. 1960).
“1955, § 190-1]. The restrictions alleged are interests in or concerning land and are unenforceable against defendants unless agreed to in a writing signed by defendants.”
In Re Application of Shipman, Ltd., 934 P.2d 1 (Haw. App. 1997).
“§ 190-1 (1955)). Thus, for transactions falling within the statute of frauds, the authorization for another to act on behalf of the person transferring an interest in land must be in writing.”
Honolulu Mem'l Park, Inc. v. City & Cnty. of Honolulu, 436 P.2d 207 (Haw. 1967).
“Section 190-1, R.L.H. 1955, a Statute of Frauds provision, requires that documents transferring any interest in land be in writing and signed by the person to be charged therewith and that if they are signed by another on his behalf, the authorization of such other also be in…”
Glockner v. Town, 42 Haw. 485 (Haw. 1958).
“Section 190-1, Eevised Laws of Hawaii 1955, relative to the statute of frauds provides no action shall be brought or maintained in any of the following cases: “(d) Upon any contract for the sale of lands, tenements or hereditaments, or of any interest in or concerning them; * *…”
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