Division of Aquatic Resources

HAR Chapter(s)

Description

Documents/Links

This rulemaking action is a request to adopt the proposed amendments to and compilation of Hawaii Administrative Rules (HAR) chapter 13-74, “License and Permit Provisions and Fees for Fishing, Fish, and Fish Products” to provide comprehensive updates to the chapter.

Major substantive amendments include:
– New Nonresident Recreational Marine Fishing License, Commercial Marine Vessel License, and Commercial Marine Dealer License
– Increased and/or new for the various licenses/permits
– Removal of the Northwestern Hawaiian Islands Fishing Permit
– New catch reporting requirement for all Bait License holders
– Added discretion to require additional reports from Aquaculture License holders
– General housekeeping amendments throughout the chapter

View a detailed summary of the proposed HAR Chapter 13-74

Informational Briefing to BLNR (5/12/23)
– Submittal to BLNR
– BLNR Meeting Recording Part 1, Part 2

Request for BLNR Approval to Hold Public Hearings (5/26/23)
– Submittal to BLNR
– BLNR Meeting Recording

Small Business Regulatory
Review Board (SBRRB) Pre-Hearing Briefing (7/20/23)
– Pre-Hearing Small Business Impact Statement
– SBRRB Pre-Hearing Recommendations (7/29/23)

Oʻahu, Kauaʻi, and Hawaiʻi Island Public Hearings (8/16/23 and 8/17/23)
– Signed Public Hearing Notice (7/14/23)
– Signed Memo Appointing Public Hearing Officers (7/14/23)
– Public Hearing Notice Published in Newspapers (7/16/23)
– Oʻahu/Kauaʻi Public Hearing Recording (8/16/23)
– Hawaiʻi Island Public Hearing Recording (8/17/23)

Maui, Molokaʻi, and Lānaʻi Public Hearing (9/27/23)
– Signed Public Hearing Notice (8/25/23)
– Signed Memo Appointing Public Hearing Officers (8/25/23)
– Public Hearing Notice Published in Honolulu Star-Advertiser (8/27/23)
– Public Hearing Video Recording (9/27/23)

Request for BLNR Approval (1/12/24)
– Submittal to BLNR
– BLNR Meeting Recording (at 21:10)

SBRRB Post-Hearing Briefing (3/28/24)
SBRRB Post-Hearing Recommendations (4/3/24)

This rulemaking action is a request to adopt a new chapter under the Hawaii Administrative Rules (HAR) as Title 13, Chapter 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.

View a detailed summary of the proposed HAR Chapter 13-60.11

Informational Briefing to BLNR (5/26/23)
– Submittal to BLNR
– BLNR Meeting Recording

Request for BLNR Approval to Hold Public Hearings (6/23/23)
– Submittal to BLNR
– BLNR Meeting Recording

Small Business Regulatory Review Board (SBRRB) Pre-Hearing Briefing (7/20/23)
– Pre-Hearing Small Business Impact Statement
– SBRRB Pre-Hearing Recommendations (7/29/23

Public Hearing (11/2/23)
– Signed Public Hearing Notice(9/29/23)
– Signed Memo Appointing Public Hearing Officers (9/29/23)
– Honolulu Star-Advertiser Public Hearing Notice (10/1/23)
– Public Hearing Recording (11/2/23)

Request for BLNR Final Approval (1/12/24)
– Submittal to BLNR
– BLNR Meeting Recording (at 21:39)

SBRRB Post-Hearing Briefing (12/7/24)
SBRRB Post-Hearing Recommendations (12/12/24)

The primary purposes for this rulemaking action were to provide crucial amendments/additions to:
– HAR chapter 13-31 to ensure the continued efficacy of the rules by updating various outdated sections and updating the fee schedule for Molokini Shoal MLCD Use Permits;
– HAR chapter 13-230 to add necessary definitions; and
– HAR chapter 13-257 to provide updates to the day-use mooring program that will streamline how the day-use mooring system is administered and to update the Molokini Shoal MLCD Day-Use Mooring Rules to complement the updates to HAR chapter 13-31.
– HAR chapter 13-257, Subchapter 2, “Day-Use Moorings, Island of Hawai‘i,” to repeal the day-use mooring zones for the island of Hawai‘i; and
– add other non-substantive, stylistic housekeeping amendments for clarity and consistency throughout each of the chapters listed above.

For more information on the implementation of the amendments to HAR Chapters 13-230, “General Provisions,” and 13-257, “Day-Use Mooring Rules,” please visit the Division of Boating and Ocean Recreation’s website

Informational Briefing to BLNR (5/26/23)
– Submittal to BLNR
– BLNR Meeting Recording

Request for BLNR Approval to Hold Public Hearings (6/23/23)
– Submittal to BLNR
– BLNR Meeting Recording

Small Business Regulatory Review Board (SBRRB) Pre-Hearing Briefing (8/17/23)
SBRRB Pre-Hearing Recommendations (8/24/23)

Public Hearing (9/28/23)
– Signed Public Hearing Notice (8/25/23)
– Signed Memo Appointing Public Hearing Officers (8/25/23)

– Public Hearing Notice Published in the Newspaper (8/27/23)
– Public Hearing Recording (9/28/23)

SBRRB Post-Hearing Briefing (10/19/23)
SBRRB Post-Hearing Recommendations (10/24/23)

Request for BLNR Final Approval (12/7/23 deferred to 12/15/23)
– Submittal to BLNR
– Testimony
– BLNR Meeting Recording (at 7:40:08)

The primary purpose of this rulemaking action was a request to amend HAR chapter 13-95 for enhanced protections of important herbivore fish species and for updated pāpaʻi kualoa (Kona Crab) rules to match the recently amended relevant statutory language. The amendments included in this proposal:
– Increased the minimum length for manini (Convict Tang) from five to six inches;
– Established a new minimum length of five inches for kole (Goldring Surgeonfish);
– Established a new noncommercial bag limit of four kala (Bluespine Unicornfish) per person per day;
– Established new restrictions on the commercial harvest and sale of kala;
– Increased the minimum length for large-bodied uhu (Parrotfish) species from twelve to fourteen inches;
– Established a minimum length of ten inches for all other uhu species;
– Established a new noncommercial bag limit of two uhu per person per day;
– Established restrictions on the commercial harvest and sale of uhu;
– Extended the current closed season (May-August) for pāpa‘i kualoa (Kona Crab) to May-September;
– Allows the take of female pāpa‘i kualoa; and
– Made other minor housekeeping amendments for clarity and consistency with other chapters.

Informational Briefing to BLNR (5/12/23)
– Submittal to BLNR
– BLNR Meeting Recording Part 1, Part 2

Second Request for BLNR Approval to Hold Public Hearings (5/26/23)
– Submittal to BLNR
– Testimony
– BLNR Meeting Recording

Small Business Regulatory
Review Board (SBRRB) Pre-Hearing Briefing (5/30/23)
SBRRB Pre-Hearing Recommendations (6/6/23)

Public Hearings (8/1/23-8/3/23, and 8/7/23)
– Signed Public Hearing Notice (7/3/23)
– Signed Memo Appointing Public Hearing Officers (7/3/23)

– Published Public Hearings Notice in Newspaper – Maui Nui, Hawaiʻi Island, and Kauaʻi (7/1/23 and 7/2/23)
– Published Public Hearing Notice in Newspaper – Oʻahu (7/7/23)
– Maui Nui Public Hearing Recording (8/1/23)
– Hawaiʻi Island Public Hearing Recording (8/2/23)
– Kauaʻi Public Hearing Recording (8/3/23)
– Oʻahu Public Hearing Recording (8/7/23)

Request for BLNR Approval (12/7/23 deferred to12/15/23)
– Submittal to BLNR
– BLNR Meeting Recording (at 5:14:03)

SBRRB Post-Hearing Briefing (12/7/23)
SBRRB Post-Hearing Recommendations (12/12/23)

This rulemaking action was a request to adopt HAR chapter 13-78, establishing provisions for the Ocean Stewardship User Fee. The proposed new chapter will implement §187A-52, Hawaii Revised Statutes, which requires all operators of commercial vessels, watercrafts, or water sports equipment that are required to have a commercial operator permit or commercial use permit pursuant to HAR §13-256-3 to collect a $1 ocean stewardship user fee from each passenger carried or customer served and transfer these fees to DLNR. The proposed rules also establish the due date for the fees to be submitted to DLNR, the reporting and record keeping requirements for commercial operators, and applicable penalties for violations of the chapter.

Informational Briefing to BLNR (5/26/23)
– Submittal to BLNR
– Testimony
– BLNR Meeting Recording (at 6:21:20)

Request for BLNR Approval to Hold Public Hearings (6/9/23)
– Submittal to BLNR
– BLNR Meeting Recording at 4:07:27

Public Hearings (7/25/23 – 7/27/23)
– Signed Public Hearing Notice (6/20/23)
– Signed Memo Appointing Public Hearing Officers (6/20/23)

– Public Hearing Notices Published in Newspapers (6/24/23 and 6/25/23)
– Maui Nui Public Hearing Video Recording (7/25/23)
– Hawaiʻi Island Public Hearing Recording (7/26/23)
– Oʻahu/Kauaʻi Public Hearing Recording (7/27/23)

Request for BLNR Approval (12/7/23 deferred to12/15/23)
– Submittal to BLNR
– Testimony (On-Time) Part 1, Part 2
– Testimony (Late)
– BLNR Meeting Recording (at 7:34:17)