Division of Aquatic Resources

The Department of Land and Natural Resources (DLNR) is proposing to amend and adopt Hawaii Administrative Rules (HAR) pertaining to West Hawaii, specifically to amend chapters 13-54, 13-57, and 13-75, repeal 13-60.3, and adopt a new replacement chapter 13-60.4. The rules propose establishment of a list of 40 fish species permitted for aquarium take with size and bag limits on three of these species, a SCUBA/Rebreather spearfishing prohibition, prohibition on take or possession of nine species of inshore sharks and rays and two invertebrate crown-of-thorns predators, closing a 1,500 foot section of Ka’ohe Bay, South Kona to aquarium collecting and several other rule changes to enhance enforcement of aquarium collecting regulations and to clarify existing rule provisions. Public testimony on these rules was accepted from 17 October, 2012 to 19 December, 2012. A Public Hearing on the proposed rules was held in West Hawaii on 05 December, 2012.

All submitted public testimony and comments as well as an overall summary can be downloaded below.

After an assessment of the necessity and utility of the rules, DLNR’s Division of Aquatic Resources (DAR) will recommend to the Board of Land and Natural Resources that the West Hawaii rules be approved in their entirety. The next step in the rulemaking process is final decision making by the Board. It is anticipated that the Board will address DAR’s recommendation of approval at a meeting to be held shortly after the current legislative session ends (May 2013).

The following relevant pdf files can be downloaded:

• Draft rules
• Background on proposed rules
• Small Business Impact Statement
• Rules summary
• Rules comments
• Summary of testimony and comments
• Testimony in support
• Testimony in opposition
• Background on aquarium “white list”
• Background on SCUBA spearfishing