Draft Rules and Public Notices Archive

Proposal to Adopt a New Chapter Under Title 13 of the Hawaii Administrative Rules as Chapter 60.11, “Kīpahulu Community-Based Subsistence Fishing Area, Maui”

The proposed rules would:

Outline the purpose of the Kīpahulu Community-Based Subsistence Fishing Area (CBSFA) and its subzones;
Provide definitions for key terms;
Establish and delineate the boundaries for the Kīpahulu CBSFA and its two subzones: The Kukui Bay Sanctuary and the ‘Opihi Rest Area;
Describe permitted and prohibited activities within the Kīpahulu CBSFA, including:
1. Restrictions on the take and/or possession of akule, ‘ōmilu, kala, kole, moi, ‘opihi, ula (spiny lobster), ula pāpapa (slipper lobster), ‘alakuma (7-11 crab), and native limu species;
2. Restrictions on the use of gill nets for surround net fishing, bag nets, throw nets, and fishing poles, lines, and hooks;
3. Prohibitions on the take of marine life with SCUBA gear or while night diving;
4. Prohibitions on the take of ‘opihi within the ‘Opihi Rest Area Subzone; and
5. Prohibitions on the take of marine life within the Kukui Bay Sanctuary;
Protect Native Hawaiian traditional and customary rights recognized by the Hawai‘i State Constitution;
Carve out an exception for vessels with restricted species or gear in active transit through the Kīpahulu CBSFA;
Establish the administrative and criminal penalties for violations of this chapter; and
Recognize the State’s asset forfeiture authority as an enforcement tool for violations of this chapter.

The proposed rules can be reviewed in person, by appointment only, at the Division of Aquatic Resources (DAR) office on Oahu at 1151 Punchbowl St. Room 330, Honolulu, Hawaii 96813 from 8:00 am to 3:30 pm, Monday through Friday, except Holidays. To schedule an appointment to review the proposed rules in person, email [email protected].

Download the most recent draft HAR Chapter 13-60.11 in Ramseyer format.

Proposal to Amend and Compile Hawaii Administrative Rules Chapter 13-74, “License and Permit Provisions and Fees for Fishing, Fish, and Fish Products”

The proposed amendments would:

Establish and add provisions for a new Nonresident Recreational Marine Fishing License (NRMFL)pursuant to 188-72, Hawaii Revised Statutes (HRS);
Establish and add provisions for a new Commercial Marine Vessel License (CMVL) pursuant to HRS §189-2, including an exemption from Commercial Marine License requirements for CMVL holders;
Establish and add provisions for a new Commercial Marine Dealer License (CMDL) pursuant to HRS §189-10;
Increase the fee for the Bait License, the Mullet Pond Operator and Closed Season Sales License, the Kona Crab and Lobster Closed Season Sales License, the Special Marine Animal or Product Possession and Sale License, and the Aquaculture License from $50.00 to $100.00;
Remove the Northwestern Hawaiian Islands Fishing Permit;
Add a catch reporting requirement for all Bait License holders;
Establish a fee for duplicate Aquaculture Licenses and licenses to sell reared species;
Give the Department discretion to require additional reports from Aquaculture License holders;
Establish a fee of $200 for a license to sell reared species; and
Make other non-substantive housekeeping amendments for clarity and consistency with other chapters, including adding new definitions and amending current definitions for clarity; removing definitions that are no longer applicable; clarifying that licenses and permits are non-refundable;clarifying the administrative penalty schedule for violations of the chapter; and adding asset forfeiture as an administrative enforcement tool within the chapter.

The proposed rule amendments can be reviewed in person, by appointment only, at the Division of Aquatic Resources (DAR) office on Oahu at 1151 Punchbowl St. Room 330, Honolulu, Hawaii 96813 from 8:00 am to 3:30 pm, Monday through Friday, except Holidays. To schedule an appointment to review the proposed rules in person, email [email protected].

Download the most recent draft HAR Chapter 13-74 in Ramseyer format.

Proposal to amend fishing regulations for kala, kole, manini, uhu, and pāpaʻi kualoa (Kona crab) – Hawai‘i Administrative Rules Chapter 13-95, “Rules regulating the taking and selling of certain marine resources”

The Division of Aquatic Resources (DAR) will request final approval and rulemaking by the Board of Land and Natural Resources at their meeting on Thursday, December 7, 2023, to adopt amendments to Hawaii Administrative Rules (HAR) Chapter 13-95, “Rules Regulating the Taking and Selling of Certain Marine Resources.” For complete information on how to attend and/or provide testimony and to view the Division’s submittal to the Board with the Division’s recommendations, please visit the Board’s website.

Download the latest version of the proposed amendments to HAR chapter 13-95.

Please jump down for previous announcements and more information on this proposal.

Proposal to adopt a new chapter under Hawai‘i Administrative Rules (HAR) as Title 13, Chapter 13-78, “Ocean Stewardship User Fee”

The Division of Aquatic Resources (DAR) will request final approval and rulemaking by the Board of Land and Natural Resources at their meeting on Thursday, December 7, 2023, to adopt a new chapter under the Hawaii Administrative Rules (HAR) as Title 13, Chapter 13-78, “Ocean Stewardship User Fee.” For complete information on how to attend and/or provide testimony and to view the Division’s submittal to the Board with the Division’s recommendations, please visit the Board’s website.

Download the latest version of the proposed amendments to HAR chapter 13-78.

Please jump down for previous announcements and more information on this proposal.

Proposed Amendment and Compilation of Hawaii Administrative Rules (HAR) Chapters 13-31, “Molokini Shoal Marine Life Conservation District, Maui,” 13-230, “General Provisions,” and 13-257, “Day-Use Mooring Rules”

Update (11/7/23): The Division of Aquatic Resources will request final approval and rulemaking by the Board of Land and Natural Resources at their meeting on Thursday, December 7, 2023. For complete information on how to attend and/or provide testimony and to view the Division’s submittal to the Board with the Division’s recommendations, please visit the Board’s website.

Download the latest version of the proposed amendments to HAR chapter 13-31.
Download the latest version of the proposed amendments to HAR chapter 13-230.
Download the latest version of the proposed amendments to HAR chapter 13-257.

Please jump down for more information about these measures.

Proposal to Adopt a New Chapter Under Hawaii Administrative Rules (HAR) as Title 13, Chapter 13-78, “Ocean Stewardship User Fee”

Update (11/7/23): The Division of Aquatic Resources will request final approval and rulemaking by the Board of Land and Natural Resources at their meeting on Thursday, November 9, 2023. For complete information on how to attend and/or provide testimony and to view the Division’s submittal to the Board with the Division’s recommendations, please visit the Board’s website.

Download the latest version of the proposed rules HAR chapter 13-78.

Please jump down for more information about this measure.

UPDATE (9/29/23): The public hearing that was originally scheduled for Thursday, August 31, 2023 has been rescheduled to November 2, 2023. Please see the full public hearing notice below:

PUBLIC HEARING NOTICE
FOR THE PROPOSED ADOPTION OF HAWAII ADMINISTRATIVE RULES CHAPTER 13-60.11,
“KĪPAHULU COMMUNITY-BASED SUBSISTENCE FISHING AREA, MAUI”

The Department of Land and Natural Resources (DLNR), Division of Aquatic Resources (DAR) will hold public hearings 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 CBSFA extends from Kālepa Gulch in the west to Pua‘aluʻu Gulch in the east, from the shoreline out to approximately 60 meters in depth and includes two subzones: The Kukui Bay Sanctuary and theʻOpihi 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 Hawaiʻi 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 chapter.

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

If you do not wish to testify but want to watch the public hearing online, you can view the online public hearing here: https://bit.ly/DARYouTubeChannel

PUBLIC HEARING DATE, TIME, AND LOCATION(S)

Date and Time	Locations
Thursday, November 2, 2023, 5:30 p.m. – 8:30 p.m.	Online via Zoom (register at: https://bit.ly/KipahuluCBSFA11-02)
	Wānanalua Church Hall 5105 Hāna Highway, Hāna, Hawaiʻi 96713

TESTIMONY INSTRUCTIONS

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.

Please note that all fields are required to register to testify. Once you submit the online registration form, a confirmation will be emailed to you with instructions and the meeting link and call-in number. If you do not receive an email with a Zoom link, please email [email protected] for assistance. We request that you register to testify at least one hour prior to the hearing to ensure that you receive the Zoom link on time. If you are unable to access the Zoom hearing, you may still provide oral testimony at the in-person host site or you may also submit written testimony.

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, November 2, 2023, 5:30 p.m. – 8:30 p.m.

Written testimony

Persons can email or mail written testimony by Friday, November 10, 2023 to the following addresses:

Email address:	[email protected]
Postal Address:	Division of Aquatic Resources 1151 Punchbowl Street, Room 330 Honolulu, HI 96813

Anyone with a hearing impairment who desires to testify, may request assistance of a sign language interpreter. 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. The requests may be made in writing (to the DAR address in the preceding paragraph), or by calling 587-0100 (voice or TDD) in Honolulu. The proposed rules can be reviewed in person, by appointment only, at the Oʻahu DAR office at 1151 Punchbowl Street Room 330, Honolulu, Hawai‘i 96813 from 8:00 a.m. to 3:30 p.m., Monday through Friday, except Holidays. To schedule an appointment to review the proposed rules in person, email [email protected].

Download the draft rules in Ramseyer format.

UPDATE (7/28/23): The Department of Land and Natural Resources (DLNR), Division of Aquatic Resources, will hold public hearings on the proposed adoption of a new chapter under the Hawaii Administrative Rules (HAR) as Chapter 13-60.11, entitled, “Kīpahulu Community-Based Subsistence Fishing Area, Maui.”

The meeting will be held Thursday, August 31, 2023, 5:30 p.m. – 8:30 p.m. via Zoom with an in-person host site at Wānanalua Church Hall, 5105 Hāna Highway, Hāna, Hawaiʻi 96713. The meeting will be livestreamed to the DAR YouTube Channel for those that would like to observe the public hearing but not provide testimony.

In order to provide testimony via Zoom, you must first register here. If you wish to provide in-person testimony, you may do so at the in-person host site (address in the above paragraph). Any persons unable to attend the public hearing via Zoom or in person may submit written testimony via email to [email protected] or by postal mail to Division of Aquatic Resources, 1151 Punchbowl Street, Room 330, Honolulu, Hawai‘i 96813. All written testimony must be received by September 8, 2023. For further directions on how to provide testimony, you may view the full public hearing notice using the link below.

UPDATE (6/2/23): The Division of Aquatic Resources (DAR) will request approval from the Board of Land and Natural Resources, at its June 9, 2023 meeting, to hold public hearings on the proposed adoption of a new chapter under the Hawaii Administrative Rules (HAR) as Chapter 13-60.11, entitled, “Kīpahulu Community-Based Subsistence Fishing Area, Maui.”

For more information on the BLNR meeting, including information on how to obtain copies of the submittal and information on how to provide testimony, visit the BLNR Meetings website.

5/19/23: The Division of Aquatic Resources (DAR) will provide an informational briefing to the Board of Land and Natural Resources (Board) at its upcoming meeting on May 26, 2023 on a Proposal to adopt a new chapter, as Hawaii Administrative Rules (HAR) chapter 13-60.11, entitled, “Kīpahulu Community-Based Subsistence Fishing Area, Maui.” The proposed rules are as follows:

Section 1 describes the purpose of the chapter.

Section 2 provides definitions of relevant terms as used in the chapter.

Section 3 delineates the boundaries of the Kīpahulu CBSFA, the Kukui Bay Sanctuary, and the ʻOpihi Rest Area.

Section 4 prescribes the permitted and prohibited activites within the Kīpahulu CBSFA. The regulations in Section 4 set stricter bag limits, size limits, and gear restrictions to prevent over-harvesting while allowing for the continuance of subsistence levels of take. Within the CBSFA it will be prohibited to:

Take or possess more than ten finfish per person per day;
- Exception for akule and introduced or invasive fish species
Take any akule for commercial purposes;
Take or possess more than one ʻōmilu per person per day;
Take or possess more than two kala per person per day;
- Mirrors herbivore proposal
Take or possess any kole less than five inches in length;
- Mirrors herbivore proposal
Take or possess any moi from May through September;
Take or possess any moi less than eleven inches in length or greater than eighteen inches in length;
Take or possess more than forty ʻopihi of any species per person per day;
Take or possess any ʻopihi with a shell diameter of less than one and one-fourth inches or greater than two inches;
Take or possess any ʻopihi within the ʻOpihi Rest Area;
Take or possess any ʻopihi while diving;
Take or possess any ula or ula pāpapa from May through September;
Take or possess a combined total of more than two ula or ula pāpapa;
Take or possess more than two spotted reef crabs per person per day;
Take or possess any native limu species with a holdfast or roots attached;
Engage in surround net fishing using a gill net with a stretched mesh of less than two and three-fourths inches;
Engage in surround net fishing to take any marine life, except akule and taʻape;
Take any marine life using a bag net;
Possess a throw net with a stretched mesh of less than three inches while in the water or on or about the shore where fish can be taken;
Use more than two poles, provided that each pole may have only one line, and each line may have no more than two hooks, with each hook having only one point while at or near the shorleine, except that double or treble hooks are allowed when using fishing lures;
Take any marine life while using SCUBA gear or to possess both SCUBA gear and marine life at the same time; provided that the use of SCUBA gear is allowed to engage in surround net fishing for akule or to take introduced or invasive species;
Take or possess any marine life while diving at night (thirty minutes after sunset to thirty minutes before sunrise); and
Take or possess any marine life while within the Kukui Bay Sanctuary.

This section also recognizes that native Hawaiian traditional and customary rights recognized under article XII, section 7, of the Hawaii State Constitution shall not be abridged.

Section 5 carves 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.

Section 6 establishes the administrative and criminal penalties that may be imposed for violations of this chapter.

Section 7 recognizes the State’s asset forfeiture authority as an enforcement tool for violations of this chapter. This section will facilitate enforcement of this chapter by providing the Department with the appropriate range of tools to deter violations.

To learn more about Kīpahulu ‘Ohana, Inc. and their proposal, visit their website.

For more information on the briefing, including copies of the submittal and information on how to provide testimony, visit the BLNR Meetings website.

Update (8/25/23): At their meeting on Friday, July 28, 2023, the Board of Land and Natural Resources (BLNR) approved this proposal for public hearings. Subsequently, the Department of Land and Natural Resources, Division of Aquatic Resources and Division of Boating and Ocean Recreation will hold a hybrid statewide public hearing on the proposed amendment and compilation of HAR chapters 13-31, “Molokini Shoal Marine Life Conservation District, Maui,” 13-230, “General Provisions,” and 13-257, “Day-Use Mooring Rules.”

Interested persons are urged to participate in the public hearing 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 designated host site; or by written testimony.

If you do not wish to testify but want to watch the public hearing online, you can view the online public hearing here: https://bit.ly/DARYouTubeChannel

PUBLIC HEARING DATE, TIME, AND LOCATION(S)

Thursday, September 28, 2023, 5:30 p.m. – 8:30 p.m.

Online via Zoom (register at: https://bit.ly/Molokini09-28)
Maui DAR Office, 130 Mahalani Street, Wailuku Hawai‘i 96793

Written testimony

Persons can mail or email written testimony by Friday, October 13, 2023 to: Division of Aquatic Resources, 1151 Punchbowl Street, Room 330, Honolulu, Hawai‘i, 96813, [email protected]

View the full notice of public hearing for more information.

Download the most recent draft amendments to the Molokini MLCD (HAR 13-31).

Download the most recent draft amendments to the Day-Use Mooring Rules (HAR 13-230 and HAR 13-257).

Update (5/19/23): The Division of Aquatic Resources (DAR) will provide an informational briefing to the Board of Land and Natural Resources (Board) at its upcoming meeting on May 26, 2023 on proposal to amend and compile Hawaii Administrative Rules (HAR) chapters 13-31, entitled, “ Molokini Shoal Marine Life Conservation District, Maui,” and 13-257, entitled, “Day-Use Mooring Rules.” The proposed rules are outlined as follows:

The proposed amendments to the Molokini MLCD (HAR §13-31) rules will:

Prohibit any commercial activity involving swimming, snorkeling, diving, kayaking, or paddling without a valid Molokini MLCD Use Permit;
Prohibit anchoring within the Molokini MLCD;
Replace the current fee of $50.00 for a two-year Molokini MLCD Use Permit with a new, tiered fee schedule for a two-year Molokini MLCD Use Permit consisting of three tiers of permit fees based on the passengercapacity of the vessel as follows:

Vessel Category	Permit Fee Amount (Every Two Years)
Category 1 (<25 Passengers)	$1,500.00
Category 2 (25-74 Passengers)	$3,000.00
Category 3 (75+ Passengers)	$6,000.00

(This should result in $61,500 collected per year to fund the Division’s management expenses within the Molokini MLCD); and

Grant the Department discretion to waive permit fees in certain circumstances (For example: Commercial fees could be waived for commercial operators who agree to stay out of the Molokini MLCD during peak crowding periods 8:30 a.m.-10:30 a.m.).

The proposed amendments to the Day-Use Mooring Rules (HAR §13-257) will:

Repeal the Day-Use Mooring Zones for the Island of Hawai‘i;
Establish a maximum time limit of 2.5 hours for use of any day-use mooring;
Prohibit overnight use of day-use moorings;
Clarify where anchoring is allowed;
Add provisions for the installation of day-use moorings, including approved mooring buoy design guidelines;
Clarify that any deviations from the mooring buoy design guidelines within the chapter must first be approved by the Board;
Require that the Board make specific findings before approving a mooring buoy design that differs from the mooring buoy design guidelines within the chapter; the Board will be required to find that:
1. A specific design offers environmental or structural advantages over those specified in the day-use mooring buoy guidelines; and
2. Such environmental or structural advantages outweigh any negative impacts to aquatic resources;
Require the Department to develop a Day-Use Mooring Buoy Site Proposal for each day-use mooring buoy site (Subject to approval and modification by the Board) with the following considerations:
1. Public input;
2. Impact upon aquatic resources;
3. Use patterns with respect to the proposed site; and
4. Any other information relevant to site selection and mooring buoy installation;
Require the Department to maintain and make available on DOBOR’s website a listing of sanctioned day-use mooring buoys installed in the waters of the State including a reasonable effort by the Department to provide an accurate location for each state-owned day-use mooring buoy via GPS coordinates;
Prohibit rafting of vessels from any day-use mooring buoy;
Clarify that any vessel owner or operator assumes the sole risk of using any day-use mooring;
Add specific exemptions to the day-use mooring rules for emergency situations, law enforcement, patrol, or rescue craft, Department vessels and personnel performing official duties, vessels and personnel performing authorized homeland security training operations, and the U.S. Coast Guard;
Update the Map for the Molokini Island Day-Use Mooring Area;
Clarify the Boundaries of the Molokini Island Day-Use Mooring Area;
Remove the separate mooring zones within the Molokini Island Day-Use Mooring Area;
Update the fee for commercial use of a day-use mooring within the Molokini Island Day-Use Mooring Area from $100.00 per month or two percent of gross receipts, whichever is higher, to a flat fee of $200.00 per month with an exemption for commercial operators presently paying the ocean stewardship user fee;
Clarify that the commercial day-use mooring fees are in addition to fees required under HAR §13-31-5 and Chapter 13-234, HAR;
Provide exclusive use of recreational day-use moorings within the Molokini Island Day-Use Mooring Area to recreational vessels;
Require all recreational day-use moorings to be indicated with a surface float;
Update the window where reactional vessels are prohibited from using vacant commercial day-use moorings within the Molokini Island Day-Use Mooring Area from 8:30 a.m.-11:30 a.m. to 7:30 a.m.-9:30 a.m.;
Prohibit all anchoring within the Molokini Island Day-Use Mooring Area; and
Add other non-substantive housekeeping amendments for clarity and consistency.

For more information on the briefing, including copies of the submittal and information on how to provide testimony, visit the BLNR Meetings website.

Proposed Amendments to Chapter 13-74, Hawaii Administrative Rules, “License and Permit Provisions and Fees for Fishing, Fish, and Fish Products”

Update (8/25/23): The Department of Land and Natural Resources (DLNR), Division of Aquatic Resources (DAR) will hold a hybrid Zoom public hearing with in-person host sites on Moloka‘i, Lāna‘i, and Maui on the proposed amendment and compilation of Hawaii Administrative Rules (HAR) chapter 13-74, “License and Permit Provisions and Fees for Fishing, Fish, and Fish Products.”

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 one of our host locations; or by written testimony.

If you do not wish to testify but want to watch the public hearing online, you can view the online public hearing here: https://bit.ly/DARYouTubeChannel

PUBLIC HEARING SCHEDULE

Maui, Molokaʻi, and Lānaʻi – Wednesday, September 27, 2023, 5:30-8:30 p.m.

Online via Zoom (register at: https://bit.ly/Licenses09-27)
Maui DAR Office, 130 Mahalani Street, Wailuku, Hawaiʻi 96793
Kūlana ʻŌiwi, 600 Maunaloa Highway, Kaunakakai, Hawaiʻi 96748
Division of Boating and Ocean Recreation – Lānaʻi Office, Mānele Small Boat Harbor, Mānele Harbor Road, Lānaʻi City, Hawaiʻi 96763

Written testimony

Persons can mail or email written testimony by October 13, 2023 to: Division of Aquatic Resources, 1151 Punchbowl Street, Room 330, Honolulu, Hawai‘i 96813, [email protected]

View the full notice of public hearing for more information.

Download the most recent draft amendments to HAR §13-74.

Update (7/14/23): The Department of Land and Natural Resources (DLNR), Division of Aquatic Resources (DAR) will hold public hearings on the proposed amendment and compilation of Hawaii Administrative Rules (HAR) chapter 13-74, “License and Permit Provisions and Fees for Fishing, Fish, and Fish Products.”

View the full notice of public hearing for dates, times, and locations, as well as instructions on how to provide testimony.

Update (5/19/23): The Division of Aquatic Resources (DAR) will request approval from the Board of Land and Natural Resources, at its May 26, 2023 meeting, to hold public hearings on proposed amendments to chapter 13-74, Hawaii Administrative Rules (HAR), “License and Permit Provisions and Fees for Fishing, Fish, and Fish Products.” Upon consultation with the Office of the Attorney General, minor edits have been made to the proposal that was briefed to the Board at its meeting on May 12, 2023.

(5/5/23): The Division of Aquatic Resources (DAR) will brief the Board of Land and Natural Resources (Board) at its upcoming meeting on May 12, 2023 on proposed amends to chapter 13-74, Hawaii Administrative Rules (HAR), “License and Permit Provisions and Fees for Fishing, Fish, and Fish Products.” The proposed amendments include:

Adding new definitions for “baitfish,” “baitfishing report,” “catch report,” “Commercial Marine Vessel License,” “fishing activities,” “license period,” “Main Hawaiian Islands,” “nonresident,” “permittee,” and “qualified aquaculturist;”
Removing the definitions for “board” and “Northwestern Hawaiian Islands;”
Amending the definition of “resident;”
Clarifying that licenses and permits are non-refundable;
Clarifying the adiministrative penalty schedule for violations of the chapter;
Adding asset forfeiture as an adminstrative enforcement tool within the chapter;
Establishing and adding provisions for a new Nonresident Recreational Marine Fishing License (NRMFL)pursuant to section 188-72, Hawaii Revised Statutes (HRS);
Establishing and adding provisions for a new Commercial Marine Vessel License (CMVL) pursuant to HRS §189-2;
Adding an exception for CMVL holders to the Commercial Marine License requirements;
Removing the Northwestern Hawaiian Islands Fishing Permit;
Increasing the fee for the Bait License, the Mullet Pond Operator and Closed Season Sales License, the Kona Crab and Lobster Closed Season Sales License, the Special Marine Animal or Product Possession and Sale License, and the Aquaculture License from $50.00 to $100.00;
Establishing a fee for duplicate Aquaculture Licenses and licenses to sell reared species;
Adding a catch reporting requirement for all Bait License holders;
Giving the Department discretion to require additional reports from Aquaculture License holders;
Establishing a fee of $200 for a license to sell reared species;
Establishing and adding provisions for a new Commercial Marine Dealer License pursuant to HRS §189-10; and
Other non-substantive housekeeping amendments for clarity and consistency with other chapters.

For more information on the briefing and for information on how to provide testimony, visit the BLNR Meetings website.

Proposal to Amend Fishing Regulations for Manini, Kole, Kala, Uhu, and Pāpaʻi Kualoa (Kona Crab)

Update (7/3/23): The Department of Land and Natural Resources (DLNR), Division of Aquatic Resources (DAR) will hold public hearings on the proposed amendment and compilation of Hawaii Administrative Rules (HAR) chapter 13-95, updating rules for manini, kala, uhu, and pāpa‘i kualoa (Kona crab), establishing rules for kole, and updating the chapter with other various housekeeping amendments.

View the full notice of public hearing for dates, times, and locations, as well as instructions on how to provide testimony.

Download the most recent draft of the proposed amendments to HAR §13-95.

Update (5/19/23): At the May 12, 2023 Board of Land and Natural Resources (Board) meeting, the Board voted to approve the proposal to move forward with statewide public hearings pursuant to chapter 91, Hawaii Revised Statutes (HRS); however, based on the extensive testimony that was provided at the meeting and after careful consideration, the Board amended the proposal to remove the proposed exemption allowing the taking of undersized kole for valid Commercial Aquarium Fish Permit holders. The Division of Aquatic Resources (DAR) is currently working with staff to develop a public scoping plan in order to ensure maximum stakeholder participation. HRS §91-3(a)(1), requires that notice of any public hearing be given at least 30 days prior to the date of the public hearing. Please continue to refer to the DAR website for the most current updates regarding the public hearing process.

Update (5/5/23): In response to the testimony that was received at the December 8, 2022 Board of Land and Natural Resources (Board) meeting, the Board requested that the Division of Aquatic Resources (DAR) revise the proposed amendments to include accommodations addressing the concerns raised by the commercial uhu and kala fishers. DAR has since revised the proposal, in consultation with commercial uhu and kala fishers and dealers, to include separate uhu and kala rules for Commercial Marine License (CML) holders and commercial marine dealers, in addition to the originally proposed uhu and kala rules that will apply to all non-commercial fishers. The revised proposed amendments to HAR §13-95 include the following rules to allow for limited commercial harvest and sale of uhu and kala:

Commercial Take and Sale of Uhu
Fishers:

Only uhu pālukaluka allowed for commercial harvest and sale.
Commercial daily bag limit of thirty uhu pālukaluka per CML holder.
Slot limit of fourteen to twenty inches for commercial harvest and sale.
No commercial harvest or sale during peak spawning months of February through May.
Must possess a valid Commercial Uhu Fishing Permit.
Commercial Uhu Fishing Permits shall be issued to any individual who:
1. Holds a valid CML;
2. Submits a valid application and pays the permit fee ($100.00);
3. Provides proper identification (e.g. valid driver’s license, state ID, etc.); and
4. Has caught and sold at least 340 pounds of uhu within the past twelve months as verified through commercial catch reports and/or commercial marine dealer reports (Only applicable if they held a permit within the past year).
Commercial Annual Catch Limit (ACL) of 34,000 pounds of uhu per year.
1. This represents approximately 75% of the average annual reported commercial uhu catch over the past 5 years.
2. Catch is tallied annually beginning in June to correspond with the open season.

Dealers:

Commercial marine dealers must register as commercial uhu dealers to purchase, possess, and sell uhu.
Purchase, possession, and sale by dealers prohibited within the closed season of February through May.
If the uhu season closes early due to the ACL being reached, dealers may continue to possess and sell uhu legally obtained prior to the closure;
No bag limit for registered uhu dealers with proper purchase receipts.

Commercial Take and Sale of Kala
Fishers:

Commercial daily bag limit of fifty kala per CML holder.
Minimum size of fourteen inches (same as non-commercial size limit).
No commercial harvest or sale during peak spawning months of April through July.
Must possess a valid Commercial Kala Fishing Permit.
Commercial Kala Fishing Permits shall be issued to any individual who:
1. Holds a valid CML;
2. Submits a valid application and pays the permit fee ($100.00);
3. Provides proper identification (e.g. valid driver’s license, state ID, etc.); and
4. Has caught and sold at least 100 pounds of kala within the past twelve months as verified through commercial catch reports and/or commercial marine dealer reports (Only applicable if the applicant held a permit within the last year).
Commercial ACL of 10,000 pounds of kala per year.
1. This represents approximately 75% of the average annual reported commercial kala catch over the past 5 years.
2. Catch is tallied annually beginning in August to correspond with the open season.

Dealers:

Commercial marine dealers must register as commercial kala dealers to purchase, possess, and sell kala.
Purchase, possession, and sale by dealers prohibited within the closed season of April through July.
If the kala season closes early due to the ACL being reached, dealers may continue to possess and sell kala legally obtained prior to the closure;
No bag limit for registered kala dealers with proper purchase receipts.

Additionally, DAR has revised the proposed kole regulations to allow the commercial aquarium harvest of kole less than five inches in length pursuant to the terms and conditions of a valid aquarium fish permit and other aquarium fishing regulations.

For more information on the briefing and for information of how to provide testimony, visit the BLNR Meetings website.

Original Post (11/25/22): The Division of Aquatic Resources (DAR) will request approval from the Board of Land and Natural Resources, at its December 8, 2022 meeting, to hold public hearings to update Hawaii Administrative Rules (HAR) Chapter 13-95, “Rules Regulating the Taking and Selling of Certain Marine Resources.” The proposed amendments include:

Increasing the minimum size for manini (Convict Tang) from five inches to six inches;
Establishing a minimum size of five inches for kole (Goldring Surgeonfish);
Establishing a bag limit for kala (Bluespine Unicornfish) of two per person per day with a possession and sale exception for commercial marine dealers;
Prohibiting the take of any uhu ‘ele‘ele (Terminal-phase Redlip Parrotfish) or uhu uliuli (Terminal-phase Spectacled Parrotfish);
Increasing the minimum size for uhu pālukaluka (Non-terminal-phase Redlip Parrotfish) and uhu ‘ahu‘ula (Non-terminal-phase Spectacled Parrotfish) from twelve to fourteen inches;
Establishing a minimum size of ten inches for all other uhu (Parrotfish – family Scaridae);
Establishing a bag limit of two uhu of any variety per person per day with a possession and sale exception for commercial marine dealers;
Allowing the take of female pāpa‘i kualoa (Kona crab) without eggs;
Extending the current closed season (May-August) for pāpa‘i kualoa to May-September; and
Making other non-substantive housekeeping amendments for clarity and consistency with other chapters including adding new definitions, amending old definitions, and other stylistic and grammatical corrections throughout the chapter.

Proposal to Adopt a New Chapter Under Hawaii Administrative Rules (HAR) as Title 13, Chapter 13-78, “Ocean Stewardship User Fee”

Update (6/27/23): The Department of Land and Natural Resources (DLNR), Division of Aquatic Resources (DAR) will hold public hearings on the proposed adoption of Hawaii Administrative Rules (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.

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

PUBLIC HEARING SCHEDULE

Maui, Molokaʻi, and Lānaʻi – Tuesday, July 25, 2023, 5:30-8:30 p.m.

Online via Zoom (register at: https://bit.ly/OSUFPH07-25)
Maui DAR Office, 130 Mahalani Street, Wailuku, Hawaiʻi 96793
Kūlana ʻŌiwi, 600 Maunaloa Highway, Kaunakakai, Hawaiʻi 96748
Division of Boating and Ocean Recreation – Lānaʻi Office, Mānele Small Boat Harbor, Mānele Harbor Road, Lānaʻi City, Hawaiʻi 96763

Hawai‘i island – Wednesday, July 26, 2023, 5:30-8:30 p.m.

Online via Zoom (register at: https://bit.ly/OSUFPH07-26)
Aupuni Center Conference Room, 101 Pauahi Street, Suite #1, Hilo, Hawai‘i 96720
West Hawai‘i Civic Center – Community Meeting Hale, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i 96740

Oʻahu and Kauaʻi – Thursday, July 27, 2023, 5:30-8:30 p.m.

Online via Zoom (register at: https://bit.ly/OSUFPH07-27)
Stevenson Middle School Cafeteria, 1202 Prospect Street, Honolulu, Hawaiʻi 96822
Līhuʻe Neighborhood Center, 3353 ʻEono Street, Līhuʻe, Hawaiʻi 96766

TESTIMONY INSTRUCTIONS

Online Testimony

Persons can present live video/oral testimony via internet or telephone at any of the three online public hearings. Interested persons are encouraged to participate on the date that corresponds with the island that you identify as your primary residence (see schedule below) unless you are unable to attend on the date of your island’s meeting. To participate, 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 links included on the schedule above.

Please note that all fields are required to register to testify. Once you submit the online registration form, a confirmation will be emailed to you with instructions and the meeting link and call-in number. If you do not receive an email with a Zoom link, please email [email protected] for assistance. We request that you register to testify at least one hour prior to the hearing to ensure that you receive the Zoom link on time. If you are unable to access the Zoom hearing, you may still provide oral testimony at one of the in-person host sites or you may also submit written testimony. If you do not wish to testify but want to watch the public hearing online, you can view the online public hearing here: https://bit.ly/DARYouTubeChannel

In-person Testimony

DLNR will set up sites throughout the state where persons can attend in person to present live video/oral testimony via computer on the dates and at the locations listed on the schedule above.

Written testimony

Persons can mail or email written testimony by August 4, 2023 to: Division of Aquatic Resources, 1151 Punchbowl Street, Room 330, Honolulu, HI 96813, [email protected].

Anyone with a hearing impairment who desires to testify, may request assistance of a sign language interpreter. 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. The requests may be made in writing (to the DAR address in the preceding paragraph), or by calling 587-0100 (voice or TDD) in Honolulu. The proposed rules can be reviewed in person, by appointment only, at the Oʻahu DAR office at 1151 Punchbowl St. Room 330, Honolulu, Hawai‘i 96813 from 8:00 am to 3:30 pm, Monday through Friday, except Holidays. To schedule an appointment to review the proposed rules in person, email [email protected].

Download the draft rules for HAR 13-78.

Update (6/2/23): The Division of Aquatic Resources (DAR) will request approval from the Board of Land and Natural Resources, at its June 9, 2023 meeting, to hold public hearings on the proposed adoption of a new chapter under the Hawaii Administrative Rules (HAR) as Chapter 13-78, entitled, “Ocean Stewardship User Fee.”

For more information on the BLNR meeting, including information on how to obtain copies of the submittal and information on how to provide testimony, visit the BLNR Meetings website.

(5/19/23): The Division of Aquatic Resources (DAR) will provide an informational briefing to the Board of Land and Natural Resources (Board) at its upcoming meeting on May 26, 2023 on a proposal to adopt a new chapter under Hawaii Administrative Rules (HAR) as Title 13, chapter 13-78, entitled “Ocean Stewardship User Fee.” The proposed rules would implement the Ocean Stewardship User Fee requirement established by Act 46 and are outlined as follows:

Section 1 establishes definitions for the terms “commercial operator”, “commercial operator permit”, “customer”, “department”, “passenger”, “person”, “State”, and “vessel”. These definitions provide clarity on who the user fee requirements apply to.

Section 2, subsections (a) through (d), essentially restate the relevant Ocean Stewardship User Fee requirements set forth in HRS §187A-52. Subsection 2(d) establishes a deadline to transfer collected user fees to DLNR by the last day of the month following the month in which the fees were collected. Subsection 2(e) establishes a monthly reporting requirement for commercial operators to report the total number of passengers carried or customers served during the month covered by the report. This information is necessary to calculate the amount of collected user fees that must be transferred to DLNR. The report will also collect information about the general location of the operator’s commercial activity, as well as the nature or type of commercial activity. This information can assist DLNR in deciding how user fee revenues should be allocated. Subsection 2(f) requires commercial operators to maintain records of the daily number of passengers carried or customers served for at least twenty-four months and to make them available for inspection by DLNR upon request. This provides a mechanism for DLNR to conduct audits to ensure compliance with user fee requirements.

Section 3 describes the statutorily authorized penalties that will apply for violations of this chapter, including administrative and criminal fines and revocation or denial of DOBOR commercial use permits.

Section 4 is a severability clause, which is a standard inclusion when new administrative rules are proposed.

For more information on the briefing, including copies of the submittal and information on how to provide testimony, visit the BLNR Meetings website.

Proposed Adoption of Rules Temporarily Establishing a New Chapter Under Hawaii Administrative Rules (HAR) as Title 13, Chapter 60.41, “West Hawai‘i Pāku‘iku‘i Replenishment” by Formal Action of the Board of Land and Natural Resources (BLNR) Through Adaptive Management Rulemaking Pursuant to Section 187A-5(b), Hawaii Revised Statutes

In response to rapidly declining pāku‘iku‘i (Achilles Tang) population size along the west coast of the island of Hawai‘i, the Department of Land and Natural Resources (DLNR) will request findings and approval from the BLNR, at its meeting on Friday, December 9, 2022, for timely adoption of adaptive management rules temporarily establishing a new chapter under HAR as Title 13, Chapter 60.41, “West Hawai’i Pāku‘iku‘i Replenishment.”

The rules would prohibit the take or possession of pāku‘iku‘i within the West Hawai‘i Regional Fishery Management Area, Hawai‘i, which is defined in HAR §13-60.4-2(a) as the area “bounded by the west coast of Hawai‘i Island, from Ka Lae, Ka‘ū (South Point) to ‘Upolu Point, North Kohala, and extending from the upper reaches of the wash of the waves on shore, seaward to the limit of the State’s police power and management authority,” to allow for replenishment of the fish population in the area, which is currently badly depleted due to overfishing.

The rules also identify authorized administrative penalties for violations of HAR chapter 13-60.41 to underscore the seriousness of management measures necessary to protect the resource. Pursuant to HRS §187A-5(b)(3), upon adoption of the rules by the BLNR, they will be effective for two years, subject to legislative approval and renewal by the BLNR; provided that renewal by the BLNR shall extend for up to one year at a time.

The Board will decide whether to adopt the adaptive management rules at its meeting on Friday, December 9, 2022.

Download the draft rule.

Public Hearing Notice for Proposed Amendments to Update Hawaii Administrative Rules Chapter 13-75, Rules Regulating the Possession and Use of Certain Fishing Gear, and Hawaii Administrative Rules Chapter 13-60.4, Rules Relating to the West Hawai‘i Regional Fishery Management Area, Hawai‘i.

The Department of Land and Natural Resources (DLNR) will hold one statewide public hearing August 24, 2022 from 5:30 to 8:30 p.m. on proposed amendments to Hawaii Administrative Rules (HAR) chapter 13-75 relating to rules regulating the possession and use of certain fishing gear, and chapter 13-60.4 relating to rules for the West Hawai‘i Regional Fishery Management Area, Hawai‘i.

The proposed amendments to modify HAR chapter 13-75 include:

adding new definitions for “freshwater stream”, “multi-panel lay net”, and “throw net”;
prohibiting the take of sharks with firearms;
clarifying that akule may be taken with legal throw nets;
removing the existing lay net registration requirement;
establishing a lay net permit requirement and fee for the use and possession of lay nets;
requiring gill nets and lay nets to be attended at all times;
amending special lay net rules that apply to Moloka‘i;
clarifying the authorized penalties for violations of HAR chapter 13-75; and
providing notice of the State’s authority to utilize civil asset forfeiture as an enforcement tool for violations of HAR chapter 13-75.

The proposed amendments to modify HAR chapter 13-60.4 include:

adding a new definition for “multi-panel lay net”;
amending special lay net rules that apply to West Hawai‘i;
requiring lay nets to be attended at all times;
clarifying the authorized penalties for violations of HAR chapter 13-60.4; and
providing notice of the State’s authority to utilize civil asset forfeiture as an enforcement tool for violations of HAR chapter 13-60.4.

In addition, the proposed rules include non-substantive technical amendments for formatting and style.

Click to view a short informational presentation with a detailed overview of the proposed changes.

Interested persons are urged to participate in the public hearing on August 24, 2022 from 5:30 to 8:30 p.m. to present relevant information and individual opinion for DLNR to consider. There are three ways to participate: online via internet or telephone; in-person at one of our host locations; or by written testimony.

Online: Persons can present live video/oral testimony via internet or telephone at the online public hearing on August 24, 2022 from 5:30 to 8:30 p.m. To participate, you will need a computer with internet access, video camera, and microphone, or a telephone. If you wish to testify via Zoom, please sign up no later than 1 hour prior to the hearing using this link. Please note that all fields are required to register to testify. Once you submit the virtual registration form, a confirmation will be sent to you with instructions and the meeting link and call-in number. If you do not receive an email with a Zoom link, please email [email protected] for assistance. If you do not sign up to testify at least one hour before the hearing, you will not be allowed to testify via Zoom; However, you may still provide oral testimony at one of the in-person host sites or you may also submit written testimony. If you do not wish to testify but want to watch the public hearing online, you can view the online public hearing here.

In-person at host sites: DLNR will set up remote host sites throughout the state where persons can attend in person to present live video/oral testimony via computer at the following locations:
• Moloka‘i: Kūlana ‘Ōiwi, 600 Maunaloa Highway, Kaunakakai 96748
• O‘ahu: DLNR – Kalanimoku Building, 1151 Punchbowl Street, Room 132, Honolulu 96813
• Kaua‘i: State Office Building, 2nd Floor Conference Room, 3060 ‘Eiwa Street, Līhu‘e 96766
• Big Island – Hilo: Wailoa Fisheries Research Station, 1160 Kamehameha Avenue, Hilo 96720
• Maui: DAR Office, 130 Mahalani Street, Wailuku 96793
• Big Island – Kailua-Kona: DAR Office, 74-380B Kealakehe Parkway, Kailua-Kona 96740
• Lāna‘i: Division of Boating and Ocean Recreation Office, Mānele Small Boat Harbor, 12 Mānele Harbor Road, Lāna‘i City 96763

Written testimony: Persons can mail or email written testimony by September 9, 2022 to the Division of Aquatic Resources (DAR), 1151 Punchbowl Street, Room 330, Honolulu, HI 96813, [email protected].

Download the draft amendments to HAR 13-75
Download the draft amendments to HAR 13-60.4

Update: DAR will request final approval from the Board of Land and Natural Resources at its November 10, 2022 meeting to amend Hawaii Administrative Rules (HAR) chapter 13-75 relating to rules regulating the possession and use of certain fishing gear, and chapter 13-60.4 relating to rules for the West Hawai‘i Regional Fishery Management Area, Hawai‘i. Based on feedback collected through oral testimony at the statewide, hybrid virtual/in-person public hearing held on August 24, 2022 and through written public testimony collected between July 17, 2022 and September 9, 2022, DAR has updated the proposed amendments to HAR chapter 13-75 to:

Waive the $25 lay net permit fee for Hawai‘i residents and active duty military personnel and their family members;
Add a definition of “resident” to provide clear guidance on how residency is determined for the purpose of the lay net permit; and
Amend the definitions of “akule”, “‘iao”, “‘ōpelu”, and “pua” to reflect current scientific nomenclature and make them consistent with other rule chapters.

NOTE: There were no changes made to the proposed amendments to HAR chapter 13-60.4.

Download the most recent revision to the draft amendments to HAR 13-75.
Download the most recent revision to the draft amendments to HAR 13-60.4.

Proposal to Adopt Hawaii Administrative Rules Chapter 13-60.XX, Miloli‘i Community-Based Subsistence Fishing Area (CBSFA), Hawai‘i

The Division of Aquatic Resources (DAR) will request approval from the Board of Land and Natural Resources, at its February 25, 2022 meeting, to hold a public hearing to establish rules for the Miloli‘i CBSFA. The primary purpose of this new chapter is to designate the Miloliʻi CBSFA and to establish rules governing marine resource uses and activities within the area. The proposed rules would:

Adopt HAR 13-60.XX-1 (Purpose) to describe the purpose of the CBSFA;
Adopt HAR 13-60.XX-2 (Definitions) to provide definitions of relevant terms as used in the chapter;
Adopt HAR 13-60.XX-3 (Boundaries) to delineate the boundaries of the Miloliʻi CBSFA and its subzones: the ʻŌpelu Traditional Management Zone, the Puʻuhonua Pāpā, the Pākuʻikuʻi Rest Area, Puakaiʻa Miloliʻi, the Puʻuhonua Honomalino, the Puʻuhonua Kapuʻa, and the Puʻuhonua Manukā;
Adopt HAR 13-60.XX-4 (Permitted and prohibited activities) to prescribe the permitted and prohibited activites within the Miloliʻi CBSFA;
Adopt HAR 13-60.XX-5 (Activities prohibited within selected areas) to prescribe the activities that are allowed and prohibited in the following subzones within the CBSFA: the ʻŌpelu Traditional Management Zone, The four Puʻuhonua (Pāpā, Honomalino, Kapuʻa, and Manukā), the Pākuʻikuʻi Rest Area, and Puakaiʻa Miloliʻi;
Adopt HAR 13-60.XX-6 (Transit through Miloli‘i CBSFA with restricted gear and species) to 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;
Adopt HAR 13-60.XX-7 (Penalty) to establish the administrative and criminal penalties that may be imposed for violations of this chapter; and
Adopt HAR 13-60.XX-8 (Asset forfeiture) to recognize the State’s asset forfeiture authority as an enforcement tool for violations of this chapter and to facilitate enforcement of this chapter by providing the Department with the appropriate range of tools to deter violations.

Download the draft rule

For more information on the Miloliʻi community’s efforts, please visit the Kalanihale website.
Click here to view the management plan.
Click here to view the administrative record.

Update 1: At its February 25, 2022 meeting, the Board of Land and Natural Resources approved for public hearing the proposed amendments to Hawaii Administrative Rules (HAR) chapter 13-60.XX, subject to the draft rules being modified to clarify the rules regulating take of uhu, clarify the types of spears to be allowed, and prescribe stronger protections for pākuʻikuʻi through a larger no-take area (Pākuʻikuʻi Rest Area) and a more restrictive bag limit. DAR has amended the proposed HAR § 13-60.XX to:

Add definitions of terminal- and initial-phase uhu and add clarifying language to the definition of pole spear (HAR § 13-60.XX-2);
Adjust the uhu bag limits to no take of uhu uliuli or uhu ‘ele‘ele, one uhu pālukaluka or uhu ‘ahu‘ula, and three of any other uhu with only one of the three allowed to be a terminal-phase uhu (HAR § 13-60.XX-4(c)(6));
Extend the southern landward boundary of the Pāku‘iku‘i Rest Area from point G to point H and extend the southern seaward boundary from point GG to point HH to overlap with the Pu‘uhonua Honomalino (HAR § 13-60.XX-3(b)(3)); and
Reduce the pāku‘iku‘i bag limit from five to one (HAR § 13-60.XX-4(c)(5)(A)).

Download the revised draft rule.

Update 2: DAR will request final approval from the Board of Land and Natural Resources at its June 9, 2022 meeting to adopt a new chapter under the Hawaii Administrative Rules (HAR), HAR chapter 13-60.10, “Miloli‘i Community-Based Subsistence Fishing Area, Hawai‘i.” Based on feedback collected through oral testimony at the two public hearings held on April 20, 2022, one online via zoom (at 3:00 p.m.) and one in person at the Miloli‘i Beach Park Pavilion (at 5:30 p.m.), and through written public testimony collected between March 20, 2022 and May 6, 2022, DAR has amended the proposed HAR chapter 13-60.10 to:

Add definitions of “lay net” and “lay net fishing” for clarity and consistency with HAR 13-60.4, “West Hawai‘i Regional Fishery Management Area, Hawai‘i.” (HAR § 13-60.10-2);
Reduce the southern landward boundary of the Pāku‘iku‘i Rest Area from point H to point G and reduce the southern seaward boundary from point HH to point GG (HAR § 13-60.10(3)(b)(3));
Reduce the pāku‘iku‘i bag limit from one to zero per person per day until July 1, 2027 (HAR § 13-60.10-4(c)(5));
Notwithstanding any other more restrictive law applicable to the taking of pāku‘iku‘i, at any time on or after July 1, 2027, increase the pāku‘iku‘i bag limit from zero to five per person per day with a minimum size of five inches (HAR § 13-60.10-6(c)(6)); and
Update the maps to reflect the amended boundaries for the Pāku‘iku‘i Rest Area (HAR chapter 13-60.10, Exhibits A, C, and D).

Download the 2nd revised draft rule.

Proposal to Amend Hawaii Administrative Rules Chapter 13-75, Rules Regulating the Possession and Use of Certain Fishing Gear, and 13-60.4, West Hawaiʻi Regional Fishery Management Area, Hawaiʻi

The Division of Aquatic Resources (DAR) will request approval from the Board of Land and Natural Resources, at its December 10 meeting, to hold a public meeting and hearing to update rules relating to lay nets. The primary purpose of these amendments is to establish a new annual lay net permit requirement and fee for the use and possession of lay nets and to remove the existing one-time lay net registration requirement. Other proposed amendments are being included to strengthen the enforceability of the lay net rules, to bring the rules into conformity with other laws, and to address other housekeeping matters. The proposed rule amendments would:

Amend HAR §13-75-1 (Definitions) to amend the definition of “lay net” to clarify that a lobster net is a type of lay net and to add new definitions for “freshwater stream”, “lobster net”, “multi-panel lay net”, and “throw net”;
Amend §13-60.4-3 (Definitions) to add a new definition for “multi-panel lay net”;
Amend §13-75-8 (Firearms) to prohibit the take of sharks with firearms;
Amend §13-75-12.2 (Akule nets) to clarify that akule may be taken with legal throw nets;
Amend §13-75-12.4 (Lay nets) to establish a lay net permit requirement and fee for the use and possession of lay nets, to remove the existing lay net registration requirement, and to prohibit leaving a lay net unattended for any amount of time;
Amend §§13-75-12.5 (State waters around Molokai, special rules), 13-60.4-5 (Activities prohibited within selected areas), and 13-60.4-6 (Lay net permit and use requirements) to make conforming amendments to special lay net rules that apply to Molokai and West Hawaiʻi;
Amend §§13-75-2 (Penalty) and 13-60.4-8 (Penalty) to clarify the authorized penalties for violations of these chapters;
Adopt §§13-75-2.5 (Asset forfeiture) and 13-60.4-8.5 (Asset forfeiture) to provide notice of the State’s authority to utilize civil asset forfeiture as an enforcement tool for violations of these chapters;
Make other non-substantive amendments for formatting and style; and
Compile HAR chapters 13-75 and 13-60.4

Download the draft amendments to HAR 13-75
Download the draft amendments to HAR 13-60.4

Update 1: At its December 10, 2021 meeting, the Board of Land and Natural Resources approved for public hearing the proposed amendments to Hawaii Administrative Rules (HAR) chapters 13-75 and 13-60.4, subject to the draft rules being modified to clarify that 1) each person may set only one lay net at a time and 2) surround net fishers must be in attendance of their nets at all times when using a gill net. The proposed rules already make clear that each person may set only one lay net at a time. See proposed HAR § 13-75-12.4(d)(4). DAR has amended the proposed HAR § 13-75-12 to clarify that it is unlawful for any person to leave a gill net unattended for any amount of time and that the person using the gill net must visually inspect the net within two hours of deployment and must release any threatened, endangered, prohibited, or unwanted species. No amendments were necessary for the proposed HAR chapter 13-60.4.

Update 2: The Division of Aquatic Resources will request that the Board of Land and Natural Resources, at its May 13, 2022 meeting, reconsider and re-approve a request to hold statewide public hearings to establish a new annual lay net permit requirement and fee for the use and possession of lay nets, to remove the existing one-time lay net registration requirement, to make other amendments to strengthen the enforceability of the lay net rules and bring them into conformity with other laws, and to address other housekeeping matters. This re-submittal is needed because after the Board approved the request to hold public hearings on these amendments at its meeting of December 10, 2021, the Division of Aquatic Resources (DAR) identified certain revisions to the proposed rules that require the Board’s reconsideration and approval.

DAR is requesting to revise the proposed HAR §13-75-1 to 1) remove references to lobster nets in the definitions of “lay net” and “lay netting” or “lay net fishing method” and 2) remove the definition of “lobster net”. Making these revisions would preserve the Department of Land and Natural Resources’ current policy of considering lobster nets as a distinctly different gear type from lay gill nets. No revisions are necessary for the proposed amendments to HAR chapter 13- 60.4, which the BLNR approved on December 10, 2021.

Download the latest revision of draft amendments to HAR 13-75.

Request for Final Approval to Amend and Compile Chapters 13-51 and 13-95.1, Hawaii Administrative Rules (HAR), to Update the Rules Regulating the Kahului Harbor Fisheries Management Area (FMA) and the Rules Relating to the Take and Possession of ‘Oama on the Island of Maui

The Division of Aquatic Resources (DAR) will request final approval from the Board of Land and Natural Resources (BLNR), at its August 27 meeting, to amend and compile Chapters 13-51 and 13-95.1, Hawaii Administrative Rules (HAR), to update the rules regulating the Kahului Harbor Fisheries Management Area (FMA) and the rules relating to the take and possession of ‘oama on the island of Maui.

The primary purpose of the proposed action with regard to the rules relating to the Kahului Harbor FMA (HAR §13-51) is to:

Remove the definitions of “akule,” “crab net,” “fishing-related activities,” “group,” “mullet,” “nehu,” and “push net” as these definitions would no longer be necessary given the amendments to regulated activities described below;
Amend the definitions of “landing net,” “snag,” and “take” to clarify the meaning of these terms;
Add a definition for “stretched mesh.”
Prohibit the use of all nets in the harbor with the exception of a “landing net” with a stretched mesh of two inches or greater and a “hand net” no larger than 8 inches in diameter and with a handle that is no more than 14 inches in length;
Remove the exceptions for take of nehu under a commercial bait license, for commercial akule net fishing, for crab netting, and for take of juvenile mullet under an aquaculture license;
Create an exception to the rule that all hooks must only have one point to allow the use of double or treble hooks when using lures; and
Remove the check-in, check-out, and fisher report requirements.

The primary purpose of the proposed action with regard to the rules relating to the take and possession of ‘oama on the island of Maui (HAR § 13-95.1) is to:

Amend the definition of “ʻoama” to include two species of goatfish (weke ʻā, Mulloidichthys flavolineatus, and weke ‘ula, Mulloidichthys vanicolensis) and to increase the allowed size from five inches to eight inches in length;
Amend the definition of “take” to clarify that the attempt to fish for, catch, capture, confine, or harvest marine life is considered “take;” and
Add definitions for “marine life” and “weke ‘ula.”

Download the draft Kahului Harbor rule
Download the draft ʻoama rule

Request for Final Approval to Amend and Compile Chapter 13-34, Hawai‘i Administrative Rules, Pūpūkea Marine Life Conservation District

The primary purpose of the proposed action is to amend the boundaries of the Pūpūkea MLCD to include the Kapoʻo tide pools, also known as the Old Quarry tide pools. Boundaries are also being amended to provide more accurate GPS coordinates and description, including coordinates delineating the boundary of the Waimea Bay zone of the MLCD.

The definition of “limu lipeʻepeʻe” is being amended to provide clarity and ensure the rule’s enforceability. The definition of “Waimea Bay” is being removed because it is described in the amended Boundary section. The definition of “legal nets” is being removed because it is no longer necessary due to amendments regarding permitted activities.

The amended rule would prohibit the feeding of marine life within the MLCD. This measure will ensure that the unique and relatively pristine natural ecological habitat within the MLCD is not impacted by fish feeding activities, particularly given the growing number of snorkelers and other visitors there.

Other amendments would clarify the range of penalties authorized by statute and recognize the State’s asset forfeiture authority as an enforcement tool for violations.

On August 14, 2020, the BLNR approved the proposed action for public hearing. DAR accepted public testimony on the proposed rules from December 13, 2020 to January 26, 2021 and held a virtual statewide public hearing via Zoom Meetings (Zoom) on January 19, 2021.

View draft rule (pdf)

Request for Final Approval to Amend and Compile Chapter 13-74, Hawai‘i Administrative Rules, to Increase the Commercial Marine License (CML) Fee for Non-Residents of Hawai‘i

The Division of Aquatic Resources (DAR) will request final approval from the Board of Land and Natural Resources (BLNR), at its June 10 meeting, to amend and compile Hawai‘i Administrative Rules chapter 13-74 (License and Permit Provisions and Fees for Fishing, Fish, and Fish Products) to increase the CML fee for non-residents of Hawai‘i from $100 to $250 per year, to provide clarification on baitfish species authorized for take under a baitfish license, and to remove unnecessary rule language.

Currently, both residents and non-residents pay a single annual fee of $100 for a commercial marine license. Previous residency based CML pricing ($50 for residents, $200 for non-residents) was discontinued in 2016 as a condition of a settlement agreement between the State and a non-resident commercial fisher who sued the State for charging higher non-resident CML fees. The settlement relied on a federal Ninth Circuit Court case, which has since been overturned. As a result, the State of Hawai‘i is no longer bound by the settlement agreement and now seeks to reinstate different resident and non-resident CML fees.

The proposed action also includes several non-substantive “housekeeping” amendments to update the scientific names of certain baitfish species, clarify that gold-spot herring (Herklotsichthys quardrimaculatus) is a baitfish species that can be legally taken with a commercial bait license, and remove references to outdated licensing fees.

On November 13, 2020, the BLNR approved the proposed action for public hearing. DAR accepted public testimony on the proposed rules from December 13, 2020 to January 28, 2021 and held a statewide virtual public hearing on January 21, 2021.

View draft rule (pdf)

Proposal to Amend Hawaii Administrative Rules Chapter 13-51, Kahului Harbor, and Chapter 13-95.1, Island-Based Fisheries Rules

The Division of Aquatic Resources (DAR) will request approval from the Board of Land and Natural Resources, at its May 14 meeting, to hold a public hearing to update rules relating to the Kahului Harbor Fisheries Management Area (FMA), Maui, and to the take and possession of ‘oama on the island of Maui.

The proposed rule amendments for Kahului Harbor would:

Prohibit the use of all nets in the harbor with the exception of a “landing net” with a stretched mesh of two inches or greater and a “hand net” no larger than 8 inches in diameter and with a handle that is no more than 14 inches in length;
Remove the exceptions for take of nehu under a commercial bait license;
Remove the exceptions for commercial akule net fishing;
Remove the exceptions for crab netting;
Remove the exceptions for take of juvenile mullet under an aquaculture license; and
Create an exception to the rule that all hooks must only have one point to allow the use of double or treble hooks when using lures.

The requirement for fisher check station reporting would be repealed. Other changes would update definitions and make other non-substantive technical amendments for purposes of clarity and consistency.

The proposed rule amendments for ‘oama on Maui would add weke ula (Mulloidichthys vanicolensis) as a regulated species in addition to the existing weke ‘ā (M. flavolineatus), and redefine ‘oama as these two species when less than eight inches fork length (previously five inches). Certain other definitions would also be updated. The Division of Aquatic Resources will issue a formal Notice when a public hearing is scheduled.

Download the draft Kahului Harbor rule (HAR Chapter 13-51)
Download the draft ‘oama rule (HAR Chapter 13-95.1)

Proposal to Amend Hawaii Administrative Rules Chapter 13-74, License and Permit Provisions and Fees for Fishing, Fish, and Fish Products.

The Department of Land and Natural Resources (Department) proposes to increase the commercial marine license (CML) fee for non-residents of Hawaii from its current $100 to $250 per year. The Department also proposes to make a number of non-substantive “housekeeping” rule amendments to provide clarification on baitfish species authorized for take under a baitfish license and to remove unnecessary rule language.

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, November 13, 2020. The Division of Aquatic Resources will issue a formal Notice when a public hearing is scheduled.

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

Proposal to Amend and Compile Hawaii Administrative Rules Chapter 13-34, Pūpūkea Marine Life Conservation District (MLCD), to Incorporate the Kapo‘o Tide Pools within the MLCD Boundaries, Prohibit Fish Feeding, Clarify Penalties, and Make Other Technical Amendments

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.

Proposed Adoption of Hawaii Administrative Rules Chapter 13-60.9, Moomomi Community-Based Subsistence Fishing Area, Molokai

The Department of Land and Natural Resources (DLNR) will hold a statewide online public hearing and statewide in-person public hearings on the proposed adoption of a new chapter under the Hawai‘i Administrative Rules (HAR) to establish the Mo‘omomi Community-Based Subsistence Fishing Area (CBSFA) to manage and protect fish stocks and to reaffirm traditional and customary native Hawaiian subsistence fishing practices along the northwest coast of Moloka‘i. The proposed CBSFA extends from Ilio Point in the west to Nihoa Flats in the east, from the shoreline out to approximately one mile. The proposed rules would establish new bag limits, size limits, seasonal closures, and/or gear restrictions for uhu, kumu, kole, moi, spiny lobster, opihi, and limu; prohibit night diving and SCUBA spearfishing; prohibit commercial fishing, with exceptions for bottomfishing for deep 7 bottomfish and trolling for all species; and establish special regulations to minimize disturbance of the marine environment in Kawa‘aloa Bay.

All interested persons may view a pre-recorded presentation describing the proposed rules, which will be made available for viewing via a link on the Division of Aquatic Resources (DAR) website one week prior to the hearings.

Interested persons are also urged to participate in either the online public hearing or one of the in-person public hearings on August 19, 2020 to present relevant information and individual opinion for DLNR to consider. There are three ways to participate: online via internet or telephone; in-person; or by written testimony.

Online: Persons can present live video/oral testimony via internet or telephone at an online public hearing on August 19, 2020 from 5:30 to 9:30 pm. To participate, you will need either a computer with internet access, video camera, and microphone, or a telephone. To sign up, please email your request to: [email protected] at least 48 hours in advance. Please include your email, full name, and phone number. A confirmation will be sent to you with instructions and the meeting link and call-in number. You can view the on-line public hearing here.

In-person: Persons can present testimony in person on August 19, 2020 at the following times and locations:

Kualapu‘u Charter School, 260 Farrington Ave, Kualapu‘u, Moloka‘i – 5:30 to 8:30 pm
BLNR Boardroom, 1151 Punchbowl Street, Honolulu, O‘ahu – 5:30 to 8:30 pm
Kaua‘i Veterans Center, 3215 Kapule Hwy, Lihue, Kaua‘i – 5:30 to 8:30 pm
Hilo State Building, DAGS Conference Room, 75 Aupuni Street, Hilo, Hawai‘i – 5:30 to 8:30 pm
Maui DAR Office, 130 Mahalani Street, Wailuku, Maui – 5:30 to 8:30 pm
Natural Energy Laboratory of Hawaii Authority – Hale Iako, 73-970 Makako Bay Drive
Kailua Kona- 5:30 to 8:30 pm
Lāna‘i DOCARE/DOFAW Office, 917 Fraser Avenue, Lāna‘i City, Lāna‘i – 5:30 to 8:30 pm

To provide testimony in person at one of the public hearing locations above, please email [email protected] or call (808) 347-0317 to register at least 48 hours in advance. Please include your full name, phone number, and hearing location. A confirmation will be sent to registrants with instructions for testifying in person. All persons providing in-person testimony must wear a mask at all times and comply with physical distancing guidelines. Only one person at a time will be allowed into the hearing room to present their testimony to a hearing officer. All others will be required to wait outside or in their vehicles until their assigned time slot.

Written testimony: Persons can mail or email written testimony by August 26, 2020 to the Division of Aquatic Resources (DAR), 1151 Punchbowl Street, Room 330, Honolulu, HI 96813, [email protected] or [email protected].

View draft rule (pdf)

Proposed Repeal of Hawaii Administrative Rules (HAR) Title 13 Chapters 84, “Samoan Crab”, and 89, “Spiny Lobster or Ula and Slipper Lobster or Ula Papapa”, and Amendments to and Compilation of HAR Title 13 Chapter 95, “Rules Regulating the Taking and Selling of Certain Marine Resources” to Update and Consolidate Rules and Statutory Provisions Regulating the Take, Possession, and Sale of Samoan Crab, Kona Crab, and Lobster.

The Department of Land and Natural Resources (Department) proposes to hold statewide public meetings and hearings to repeal Hawaii Administrative Rules (HAR) chapters 13-84 and 13-89 and to amend and compile HAR chapter 13-95 to update and consolidate rules and statutory provisions regulating the take, possession, and sale of Samoan crab, Kona crab, and lobster. Consolidating these laws is intended to make it easier for the public to find all applicable regulations on these crustacean species. Transferring the statutory provisions of HRS §188-58.5 (no take of female Kona crab, Samoan crab, and spiny lobster) into administrative rules and eventually requesting the repeal of the corresponding statutory provisions would enable the Department to amend regulations through rulemaking to adaptively manage these resources based on the best available scientific information. The proposed administrative rulemaking actions would not result in any substantive changes to existing laws, so the taking, possession, or sale of these resources will not be affected. The proposal to hold public meetings and hearings will be considered by the Board of Land and Natural Resources at its meeting on Friday, October 11, 2019. The Division of Aquatic Resources will issue a formal Notice when public hearings are scheduled.

View draft rule (pdf)

Proposed Amendments to Hawaii Administrative Rules Chapter 13-95, Rules Regulating the Taking and Selling of Certain Marine Resources, to Give the Department Authority to Authorize Take of Stony Coral and Live Rock in Limited Circumstances. (Update)

The Department of Land and Natural Resources (DLNR) will hold an informational meeting and public hearing on proposed amendments to the Hawaii Administrative Rules (HAR) Chapter 13-95, rules regulating the taking and selling of certain marine resources. These amendments are intended to give DLNR authority to authorize take of stony coral and live rock in limited circumstances by 1) Adding definitions of “Renewable Energy Projects” and “Mitigation” to Section 13-95-1, and 2) Adding new subsections in 13-95-70 and -71 that allow DLNR to authorize damage of stony corals and live rock for the development or operation of renewable energy projects and require mitigation to offset stony coral and live rock damage from any authorized take under this subsection.

The informational meeting and public hearing will be held on Wednesday, August 1, 2018, at Kawananakoa Middle School Cafeteria, 49 Funchal Street, Honolulu, Oahu from 6:00 to 9:00 p.m.

All interested persons are urged to attend the public hearing to present relevant information and individual opinion for DLNR to consider. Persons unable to attend or wishing to present additional comments, may mail written testimony by Friday, August 10, 2018 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 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. Requests may be made in writing to the DAR address, or by calling 587-0100 (voice or TDD) in Honolulu.

View draft rule (pdf)

Proposed Amendments to Hawaii Administrative Rules Chapter 13-95, Rules Regulating the Taking and Selling of Certain Marine Resources. These Amendments are Intended to Give the Department Authority to Authorize Take of Stony Coral and Live Rock in Limited Circumstances.

The Department of Land and Natural Resources (DLNR) proposes to hold a public hearing on Oahu to amend Hawaii Administrative Rules Chapter 13-95, Rules Regulating the Taking and Selling of Certain Marine Resources, to Authorize Take of Stony Coral and Live Rock in Limited Circumstances. There are two primary proposed rule changes: 1) definitions of “renewable energy projects” and “mitigation” added to section 13-95-1, and 2) new subsections in 13-95-70 and 71 that allow the department to authorize damage of stony corals and live rocks for the development or operation of renewable energy projects and require mitigation to offset stony coral and live rock damage from any authorized take under this subsection. The proposal to hold a public hearing on Oahu will be considered by the Board of Land and Natural Resources at its meeting on Friday, April 13th, 2018. The Division of Aquatic Resources will issue a formal Notice when a public hearing is scheduled.

View draft rule (pdf)

Proposed Adoption of a New Chapter Under Hawaii Administrative Rules as Title 13 Chapter 60.9, “Mo‘omomi Community-Based Subsistence Fishing Area, Moloka‘i” to Manage and Protect Fish Stocks and to Reaffirm Traditional and Customary Native Hawaiian Subsistence Fishing Practices Along the Northwest Coast of Moloka‘i

The Department of Land and Natural Resources (DLNR) Division of Aquatic Resources (DAR) seeks the Board of Land and Natural Resources’ (BLNR) approval to hold public hearings on Molokaʻi, Oʻahu, and Maui on the proposed adoption of a new chapter to establish the Mo’omomi Community-Based Subsistence Fishing Area, Moloka‘i to manage and protect fish stocks and to reaffirm traditional and customary native Hawaiian subsistence fishing practices along the northwest coast of Moloka‘i. The proposed rule would establish new bag limits, size limits, seasonal closures, and/or gear restrictions for uhu, kumu, kole, moi, spiny lobster, opihi, and limu; prohibit night diving and SCUBA spearfishing; prohibit commercial fishing, with exceptions for bottomfishing for deep 7 bottomfish and trolling for all species; and establish special regulations restricting in-water activity in Kawa’aloa Bay. The BLNR will consider DAR’s request to hold public hearings on Molokaʻi, Oʻahu, and Maui at its April 13, 2018 meeting.

View draft rule (pdf)

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.

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:

a net length limit
commercial bag limits for six species
size limits on four species
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)

Division of Aquatic Resources

Draft Rules and Public Notices Archive

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