Draft Rules and Public Notices

Proposed Adoption of Amendments to Hawaii Administrative Rules Title 13, Chapter 74, License and Permit Provisions and Fees for Fishing, Fish, and Fish Products, to Increase the Annual Commercial License Fees

The Department of Land and Natural Resources proposes to adopt amendments to Chapter 13-74, Hawaii Administrative Rules (HAR) relating to commercial marine license fees and reporting deadlines for marine dealers. The proposed amendments would increase the annual commercial license fees from its current $50/year to $100/year initially, then to $150/year on January 1, 2018. This date may be delayed until later in the year, depending on when the rules are approved. The proposed rules also would establish a reporting deadline for dealers who buy marine life directly from commercial fishers. Public hearings will be held statewide from September 28 through October 10, 2017. Written testimony will be accepted until October 13, 2017.

View draft rule (PDF)


Proposed Adoption of Amendments to Hawaii Administrative Rules Title 13, Chapter 60.4, West Hawai‘i Regional Fishery Management Area, Hawai‘i, to Establish the Ka‘ūpūlehu Marine Reserve

The Department of Land and Natural Resources (DLNR) proposes to adopt amendments to Hawaii Administrative Rules chapter 13-60.4 to re-designate the Ka‘ūpūlehu Fish Replenishment Area as the Ka‘ūpūlehu Marine Reserve.  The proposed amendments would provide a 10-year rest period where the use of fishing gear and the take of marine life would be prohibited, with limited exceptions to allow for the continued harvest of certain pelagic and deep benthic species using certain gear.  A combined public informational meeting and formal public rulemaking hearing was held in Kailua-Kona, Hawaii on February 11, 2016.  The Division of Aquatic Resources accepted written testimony by letter and email from January 19 to February 26, 2016.  The Board of Land and Natural Resources will decide whether to adopt the proposed amendments at its meeting on Friday, May 27, 2016.

View draft rule (PDF)

Update:  At its May 27, 2016 meeting, the Board of Land and Natural Resources adopted the proposed amendments to Hawaii Administrative Rules chapter 13-60.4, subject to two minor changes.  The definition of “hook-and-line” was amended to allow the use of landing nets to land fish caught by hook-and-line.  The definition of “marine reserve” was amended to clarify that extraction of marine life is prohibited except as allowed in this chapter.

View amended rule (PDF)


Proposed Amendments to Hawaii Administrative Rules Title 13, Chapter 74, License and Permit Provisions and Fees for Fishing, Fish, and Fish Products, to Establish a License for Dealers, Require Dealer Reporting, and Raise the Commercial Marine License Fees from $50 to $150 Per Year

The Department of Land and Natural Resources (DLNR) proposes to hold public hearings to amend Hawaii Administrative Rules chapter 13-74 to 1) require marine dealers in local marine life to obtain a license from the department, 2) require primary dealers to report regularly to the department their purchases from commercial fishers, and 3) raise the commercial marine license fees from $50 to $150 per year.  The proposal to hold public hearings will be considered by the Board of Land and Natural Resources at its meeting on Friday, May 27, 2016.  The Division of Aquatic Resources will issue a formal Notice when public hearings are scheduled.

View draft rule (PDF)


New Rule for Proposed Marine Reserve at Ka‘ūpūlehu, West Hawai‘i

The Department of Land and Natural Resources (DLNR) will hold a combined public informational meeting and formal public rulemaking hearing in West Hawai‘i to amend Hawaii Administrative Rules (“HAR”) Title 13, chapter 60.4, to establish the Ka‘ūpūlehu Marine Reserve. The Reserve boundaries will encompass the existing Ka‘ūpūlehu Fish Replenishment Area. The proposed amendments would provide a 10-year nearshore “no take” period—with limited exceptions—to allow for the recovery of reef fish stocks prior to the implementation of a subsistence fishery management plan for Ka‘ūpūlehu.

The public meeting and hearing will be held at the Kealakehe High School Cafeteria, 74-5000 Puohulihuli Street, Kailua-Kona, Hawaii, on Thursday, February 11, 2016. The informational meeting portion will be held from 6:00 to 7:00 p.m. The formal public rulemaking hearing will be held from 7:00 to 9:00 p.m.

All interested persons are urged to attend the public meeting and hearing to present relevant information and individual opinion for the DLNR to consider. Persons unable to attend or wishing to present additional comments, may mail written testimony by Friday, February 26, 2016 to the Division of Aquatic Resources (DAR); 1151 Punchbowl Street, Room 330; Honolulu, HI 96813.

Anyone with a hearing impairment who desires to attend the public hearing may request assistance of a sign language interpreter. The request may be made in writing (to the DAR address in the preceding paragraph), or by calling 587-0100 (voice or TDD) in Honolulu. The request will need to be received at least seven days before the hearing is scheduled to start.

View draft rule (PDF)


Proposed Adoption of a New Chapter Under Hawaii Administrative Rules as Title 13 Chapter 86, “Sea Cucumber Management” to Regulate the Harvest of Sea Cucumbers from State Waters

The Department of Land and Natural Resources (DLNR) proposes to adopt new rules to manage the harvest of sea cucumbers from state waters. On June 26, 2015, the Board of Land and Natural Resources (BLNR) approved emergency rules for protection of sea cucumbers, which banned all harvest for 120 days, after which the rules will expire. The proposed rule would keep the commercial consumption fishery closed. The commercial aquarium fishery would reopen at its level of take prior to the emergency closure.  A small level of non-commercial take would be allowed, subject to daily bag limits. The BLNR will consider the proposal at its August 28, 2015 meeting.

View draft rule (PDF)


Proposed Adoption of a New Chapter under Hawaii Administrative Rules as Title 13 Chapter 86, “Sea Cucumber”, through Emergency Rulemaking Procedures to Protect Against the Overharvest of Sea Cucumbers from State Waters

The Department of Land and Natural Resources (DLNR) proposes to adopt emergency rules to protect against the overharvest of sea cucumbers. The new rules would prohibit all take, possession, and sale of sea cucumbers from State waters. Based on the recent emergence of a large-scale commercial fishery for sea cucumbers in Hawaii and the impacts that similar fisheries have had on sea cucumber populations in other parts of the world, DLNR finds that an immediate ban on all harvest is necessary to prevent an imminent peril to the State’s nearshore marine ecosystems. The rules are being promulgated pursuant to emergency rulemaking procedures under HRS 91-3(b), which authorizes the Board to establish rules without prior notice or hearing if the Board finds an imminent peril to natural resources. The Board of Land and Natural Resources will decide whether to adopt the emergency rules at its meeting on Friday, June 26, 2015.

View draft rule (PDF)


Proposed Amendments to Hawaii Administrative Rules Title 13, Chapter 60.4, West Hawai‘i Regional Fishery Management Area, Hawai‘i, to Establish the Ka‘ūpūlehu Marine Reserve

The Department of Land and Natural Resources (DLNR) proposes to hold public hearings to amend Hawaii Administrative Rules chapter 13-60.4 to re-designate the Ka‘ūpūlehu Fish Replenishment Area as the Ka‘ūpūlehu Marine Reserve.  The proposed amendments would provide a 10-year rest period where the use of fishing gear and the take of marine life would be prohibited, with limited exceptions to allow for the continued harvest of certain pelagic and deep benthic species using certain gear.  The Division of Aquatic Resources will issue a formal Notice when public hearings are scheduled.

View draft rule (PDF)


Proposed Adoption of a New Chapter under Hawaii Administrative Rules as Title 13 Chapter 60.8, Hā‘ena Community-Based Subsistence Fishing Area, Kaua‘i, to Manage and Protect Fish Stocks and to Reaffirm Traditional and Customary Native Hawaiian Subsistence Fishing Practices within the Ahupua‘a of Hā‘ena

The Department of Land and Natural Resources proposes to adopt new rules that would establish new aquatic resource regulations for the Hā‘ena Community-Based Subsistence Fishing Area, Kaua‘i, to better manage and protect fish stocks and to reaffirm traditional and customary native Hawaiian subsistence fishing practices within the ahupua‘a of Hā‘ena.  A public hearing was held in Hanalei, Kaua‘i on October 3, 2014.  The Division of Aquatic resources accepted written testimony by letter and email from August 31 to October 17, 2014.  The Board of Land and Natural Resources will decide whether to adopt the proposed rules at its meeting on Friday, October 24, 2014.

View draft rule (PDF)


Final Approval to Adopt New Hawaiʻi Administrative Rules, Chapter 13-77, Oʻahu Aquarium Life Management, to Establish new Regulations on Gear, Bag, and Size Limits for Aquarium Collecting on Oahu.

The Board will decide whether to adopt the proposed rules at its meeting on Friday, October 24, 2014.

View draft rule (PDF)


New Rule for Proposed Community-Based Subsistence Fishing Area at Ha’ena, Kaua’i

The Department of Land and Natural Resources (DLNR) will hold a public hearing to adopt a new chapter under the Hawaii Administrative Rules (HAR) relating to the establishment of the Ha‘ena Community-Based Subsistence Fishing Area (Ha‘ena CBSFA).  The Ha‘ena CBSFA includes State waters within the Ha‘ena ahupua‘a from the shoreline out to one mile.  The proposed rules would limit the type of fishing gear and methods that may be used, prohibit the harvest of marine life for commercial purposes, set new daily take and possession limits for certain species, and establish the Makua Pu‘uhonua (marine refuge) as a “no entry” sub-zone.

The hearing will be held at Hanalei Elementary School on Friday, October 3, 2014 from 6:30 to 9:00 p.m

All interested persons are urged to attend the public hearing to present relevant information and individual opinion for the DLNR to consider.  Persons unable to attend or wishing to present additional comments, may mail written testimony by Friday, October 17, 2014 to the Division of Aquatic Resources (DAR); 1151 Punchbowl Street, Room 330; Honolulu, HI 96813.

Anyone with a hearing impairment who desires to attend the public hearing may request assistance of a sign language interpreter.  The request may be made in writing (to the DAR address in the preceding paragraph), or by calling 587-0100 (voice or TDD) in Honolulu.  The request will need to be received at least seven days before the hearing is scheduled to start.  Additional information or a copy of the proposed rules will be mailed at no charge upon receipt of verbal or written request to the DAR address.

View draft rule (PDF)


New Rules for Collection of Certain Marine Life (Oahu)

The Department proposes to adopt new rules that would establish requirements for the collection of certain marine life and its related net collecting gear for Oahu only. These proposed new rules would establish:

  1. a net length limit
  2. commercial bag limits for six species
  3. size limits on four species
  4. no take of three species.

 
A public hearing will be scheduled in the near future. View draft Oahu rule (PDF)


Notice of Indirect Cost Rate

Indirect cost for federally funded projects shall not exceed 10%. View notification (PDF)