03/18/18 – Notice of Public Hearings on Proposed Rulemaking: Amendments to Hawaii Administrative Rules, Title 13, Subtitle 5, Part 1, Chapter 104, Rules Regulating Activities Within Forest Reserves

Posted on Mar 18, 2018 in Forestry & Wildlife, News Releases, slider

Pursuant to Section 91-3, Hawaii Revised Statutes (“HRS”), notice is hereby given of proposed rulemaking and public hearing by the Department of Land and Natural Resources (“Department”) to consider amendments to Hawaii Administrative Rules, Title 13, Subtitle 5, Part 1, Chapter 104, Rules Regulating Activities Within Forest Reserves.

A comprehensive amendment and compilation of rules regulating activities within forest reserves, Chapter 13-104, HAR is anticipated including changes to the following:

  • Definitions section 13-104-2, “abandoned and unattended personal property”, “camping”, “commercial activity”, “commercial use”, “compensation”, “forest product”, “structure”, and “tree harvesting”; repeal of definitions regarding “residing” and “spark arrester”.
  • Penalty section 13-104-3, to track statute; specifies that fines shall be deposited in the Forest Stewardship Fund; allow for seizure and forfeiture; exempt state employees and agents acting in the scope of their employment.
  • Fire use restrictions section 13-104-7, removes requirement for fire or spark arresting equipment for motor vehicles.
  • Vehicles and transportation section 13-104-11, to include prohibitions such as operating unmanned aircraft systems; and permit requirements.
  • Residence on Forest Reserve Lands section 13-104-16, is changed to “Camping”.
  • General provisions for permits section 13-104-18, allows for removal of violators from forest reserve; adjustments in fees, charges, forest product price list; requirement to present permit to authorized departmental representatives, and provide ID and contact information.
  • Camping permits section 13-104-19, changes place and conditions of issuance of permits.
  • Special use permits section 13-104-20, category of uses clarified; and waiver of deadlines may be allowed.
  • Collecting permits section 13-104-21, removes place of issuance; imposition of limits to number of permits issued within a specified period of time; and other conditions.
  • Commercial Harvest Permits section 13-104-22, is renamed “Commercial Permits” allows for the issuance of commercial use permits which includes commercial harvest; changes place and conditions of issuance.
  • Access permits section 13-104-23, changes place and conditions of issuance; includes scientific research activities; authorizes issuance during periods of closure or other restrictions on the forest reserve.
  • New sections created in Subchapter 2 regarding Public Use:
    • Abandoned and unattended property section 13-104-5.5, to manage and dispose of personal property left in the forest reserve.
    • Closing of areas section 13-104-7.5, to allow the closures or restrictions on public use of the forest reserve under emergency and other situations.
  • A new Subchapter 4 Fees and Charges is created within the chapter, including the following new sections:
    • General statement section 13-104-25, allows fees and charges for forest reserve categories of uses; including offset of expenses; payment and billings does not waive unauthorized trespass activities or illegal camping.
    • Payment section 13-104-26, describes acceptable fees and charges, payment methods and timing of payment.
    • Camping and cabin rental fees section 13-104-27, Commercial use permit fees section 13-104-28, and Kiln fees section 13-104-29, set fee schedules for those respective uses, including when fees are to be paid.
    • Permit processing fees section 13-104-30, sets fees for processing permits.
    • Parking and entrance fees section 13-104-31, assesses per vehicle parking fees.
    • Fee for copies of rules section 13-104-32, sets fees to obtain copies of forest reserve rules, including possible waiver.
    • Negotiable instruments; service charge section 13-104-33, sets a service charge for dishonored checks or other forms of payment.

The public hearings are scheduled as follows and are not to exceed two (2) hours.

Date:               Wednesday, April 18, 2018
Time:              6:00 P.M.
Place:              Island of Oahu
                         Kalanimoku Building, Room 132
                         1151 Punchbowl Street, Honolulu, HI 96813

Date:               Thursday, April 19, 2018
Time:              6:00 P.M.
Place:              Island of Maui
                         Paia Community Center
                         252 Hana Highway, Paia, HI 96779

Date:               Monday, April 23, 2018
Time:              6:00 P.M.
Place:              Island of Kauai
                         Kauai Veterans Center
                         3215 Kauai Veterans Memorial Hwy, Lihue, HI 96766

Date:               Tuesday, April 24, 2018
Time:              6:00 P.M.
Place:              Island of Hawaii (Kona)
                         West Hawaii Civic Center – Community Meeting Hale
                         74-5044 Ane Keohokalole Hwy., Kailua-Kona, HI 96740

Date:               Wednesday, April 25, 2018
Time:              6:00 P.M.
Place:              Island of Hawaii (Hilo)
                         Division of Forestry and Wildlife Conference Room
                         19 E. Kawili St., Hilo, HI 96720

Date:               Thursday, April 26, 2018
Time:              6:00 P.M.  
Place:              Island of Molokai
                         Mitchell Pauole Community Center Hall
                         90 Ainoa Street, Kaunakakai, Molokai, HI 96748

All interested persons are invited to attend the hearing and will be afforded an opportunity to be heard and to present relevant information and individual opinions in the time limit provided, for consideration by the Department. Any interested person desiring to be heard are requested to register at the public hearing site ten (10) minutes prior to the starting time of the public hearing as specified above.

An informational session will be held before each public hearing starting at 4:30 P.M., at which interested persons can obtain additional information on the proposed rule change. Information about the rule change and how to participate in the rulemaking process are also available online at http://dlnr.hawaii.gov/forestry/frs/rulechange/.

Any person requiring a special accommodation for attending the public hearing shall file a request with the Department at the following address: Department of Land and Natural Resources, Division of Forestry and Wildlife, 1151 Punchbowl Street, Room 325, Honolulu, HI 96813, attention Forestry Program Manager, or through the Telecommunication Relay Service at 711 by April 11, 2018. 

Attendance at the public hearing is not a prerequisite for submission of written testimony.  Written testimony that is received within fifteen (15) days following the close of the last public hearing will be included in the record of the hearing. Mail written testimony to the following address: Department of Land and Natural Resources, Division of Forestry and Wildlife, 1151 Punchbowl Street, Room 325, Honolulu, Hawaii 96813, attention Forestry Program Manager. 

The Board of Land and Natural Resources shall take final action on this rulemaking at a future regularly scheduled Board meeting.

The proposed amendments to Hawaii Administrative Rules, Title 13, Subtitle 5, Part 1, Chapter 104, Rules Regulating Activities Within Forest Reserves, are available online at: http://dlnr.hawaii.gov/about-dlnr/rules/

Interested persons may review hard copies of the proposed amendments to Hawaii Administrative Rules, Title 13, Subtitle 5, Part 1, Chapter 104, Rules Regulating Activities Within Forest Reserves, from March 18, 2018, to the last day of the public hearings Monday through Friday, excepting State holidays, during the hours of 7:45 a.m. to 4:30 p.m. at the following locations:

Division of Forestry and Wildlife Hawaii Branch Office, (Island of Hawaii)
19 E. Kawili Street, Hilo, HI 96720

Division of Forestry and Wildlife Maui Branch Office, (Island of Maui)
1955 Main Street, Room 301, Wailuku, HI 96793

Division of Forestry and Wildlife Administrative Office, (Island of Oahu)
1151 Punchbowl Street, Room 325, Honolulu, HI 96813

Division of Forestry and Wildlife Kauai Branch Office, (Island of Kauai)
3060 Eiwa Street, Room 306, Lihue, HI 96766

A copy of the proposed draft rules will be mailed to any person who submits a written request to the following address:   Department of Land and Natural Resources, Division of Forestry and Wildlife, 1151 Punchbowl Street, Room 325, Honolulu, HI 96813, attention Forestry Program Manager.