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STATE v. BASABE

No. 25373.

97 P.3d 418 (2004)

105 Haw. 342

STATE of Hawai'i, Plaintiff-Appellee, v. Pete K. BASABE, Defendant-Appellant.

Intermediate Court of Appeals of Hawai'i.

August 16, 2004.

Attorney(s) appearing for the Case

James Biven, on the briefs, Kailua Kona, for defendant-appellant.

Frederick D. Giannini, Deputy Prosecuting Attorney, County of Hawai'i, on the briefs, for plaintiff-appellee.

BURNS, C.J., WATANABE, and LIM, JJ.

Opinion of the Court by LIM, J.

Pete K. Basabe (Basabe) appeals the October 2, 2002 judgment of the district court of the third circuit1 that convicted him of four offenses relating to his taking of aquatic life for aquarium purposes. Of the four, his conviction of a petty misdemeanor for doing so in the Miloli'i fisheries management area, in violation of Hawaii Administrative Rules (HAR) § 13-60.3-3 (December 31, 1999),

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