Proposal to amend administrative rule for Pūpūkea Marine Life Conservation District

The Department of Land and Natural Resources (DLNR) proposes to hold a public meeting and hearing to amend and compile HAR chapter 13-34 to reflect the inclusion of the Kapo‘o tide pool area within the Pūpūkea MLCD.  Section 13-34-1, Boundaries, is being amended to provide more accurate GPS coordinates and descriptions for the boundaries of the Pūpūkea MLCD, including coordinates delineating the boundary of the Waimea Bay zone of the MLCD.  To assist in the delineation of the new MLCD boundaries, the current exhibit entitled “Map of the Pupukea, Oahu Marine Life Conservation District 1/10/02” is being replaced by a more accurate and up-to-date map of the Pūpūkea MLCD.

The Department proposes to amend section 13-34-1.1, Definitions, to amend the definition of “limu lipeʻepeʻe” to replace the outdated scientific name with the currently accepted scientific names of four species known to practitioners as limu lipeʻepeʻe. 

The Department proposes to amend section 13-34-2, Prohibited activities, to prohibit the feeding of marine life within the MLCD. 

Finally, the Department proposes to amend §13-34-5 to clarify the range of penalties authorized by statute and to adopt a new section 13-34-6 to recognize the State’s authority to exercise its prerogatives in asset forfeiture as an enforcement tool for violations of this chapter. 

The proposal to hold a public meeting and hearing will be considered by the Board of Land and Natural Resources at its meeting on Friday, August 14th, 2018. The Division of Aquatic Resources will issue a formal Notice when a public hearing is scheduled.

The proposed rules drafted in Ramseyer format can be viewed here.