Public hearing notice for proposed adoption of Hawaii Administrative Rules 13-60.11, “Kīpahulu Community-Based Subsistence Fishing Area, Maui”

UPDATE: Due to the ongoing wildfire recovery efforts on Maui, this public hearing has been rescheduled to Thursday, November 2, 2023. A detailed announcement outlining how to participate and provide testimony will be posted to the DAR website once the official public hearing notice is published in the Star Advertiser.

The Department of Land and Natural Resources (DLNR), Division of Aquatic Resources (DAR) will hold a public hearing on the proposed adoption of Hawaii Administrative Rules (HAR) chapter 13-60.11, “Kīpahulu Community-Based Subsistence Fishing Area, Maui” to ensure abundant stocks of priority species and high-quality fishing now and in the future for residents and visitors to Kīpahulu and to reaffirm and perpetuate fishing practices that were customarily and traditionally exercised for Native Hawaiian subsistence, culture, or religion along the southeast coast of Maui. The proposed community-based subsistence fishing area (CBSFA) extends from Kālepa Gulch in the west to ‘Ohe‘o Gulch in the east, from the shoreline out to approximately 60 meters in depth and includes two subzones: The Kukui Bay Sanctuary and the ʻOpihi Rest Area. In addition to an overall bag limit of 10 finfish per person per day within the entire CBSFA, the proposed rules would:

  • Establish bag limits (commercial and non-commercial), size limits, seasonal closures, and/or gear restrictions for a variety of nearshore species, including akule,ʻōmilu, kala, ʻopihi, ʻalakuma (Spotted Reef Crab), kole, moi,ula (Spiny Lobster), and ula pāpapa (Slipper Lobster);
  • Prohibit the take of ʻopihi within the ʻOpihi Rest Area and while diving;
  • Prohibit the take or possession of any native limu species with a holdfast or roots attached;
  • Establish restrictions on the use of gill nets (surround net fishing), bag nets, throw nets, fishing poles (including number of lines and hooks), and SCUBA gear to take marine life (provided that the use of SCUBA gear is allowed by permit to engage in surround net fishing for akule or to take introduced or invasive species);
  • Prohibit the take or possession of any marine life while diving at night (thirty minutes after sunset to thirty minutes before sunrise);
  • Prohibit the take or possession of any marine life while within the Kukui Bay Sanctuary;
  • Acknowledge that native Hawaiian traditional and customary rights recognized under article XII, section 7, of the Hawaii State Constitution shall not be abridged;
  • Carve out an exception allowing vessels in possession of restricted gear or species to traverse through the CBSFA as long as they remain in active transit;
  • Establish the administrative and criminal penalties that may be imposed for violations of the chapter; and recognize the State’s asset forfeiture authority as an enforcement tool for violations of the

Download the draft rules.

Public hearing date, time, and location(s)

Thursday, August 31, 2023, 5:30 p.m. – 8:30 p.m.

  • Online via Zoom (register here)
  • Wānanalua Church Hall, 5105 Hāna Highway, Hāna, Hawaiʻi 96713 (In-person Host Site)
  • Livestream to DAR’s YouTube Channel (For those not wishing to provide oral testimony)

Interested persons are urged to participate in the public hearings to present relevant information and individual opinions for DLNR to consider.  There are three ways to participate: online via internet or telephone; in-person at the host site; or by written testimony.

  • Online Testimony

 To provide online testimony, you will need a computer with internet access, video camera, and microphone, or a telephone. If you wish to testify online, you must register using the registration link included above.

  • In-person Testimony

DLNR will set up an in-person host site at the address listed above where persons can attend in person to present live video/oral testimony via computer on Thursday, August 31, 2023, 5:30 p.m. – 8:30 p.m.

  • Written testimony

No later than Friday, September 8, 2023, persons may email written testimony to [email protected] or mail written testimony to Division of Aquatic Resources, 1151 Punchbowl Street, Room 330, Honolulu, HI 96813

Download the full public hearing notice.