Division of Aquatic Resources

Proposal to Amend Fishing Regulations for Manini, Kole, Kala, Uhu, and Kona Crab

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.

Download the draft amendments.

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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.

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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]

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.

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:

1. Waive the $25 lay net permit fee for Hawai‘i residents and active duty military personnel and their family members;
2. Add a definition of “resident” to provide clear guidance on how residency is determined for the purpose of the lay net permit; and
3. 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.

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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:

1. Adopt HAR 13-60.XX-1 (Purpose) to describe the purpose of the CBSFA;
2. Adopt HAR 13-60.XX-2 (Definitions) to provide definitions of relevant terms as used in the chapter;
3. 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;
4. Adopt HAR 13-60.XX-4 (Permitted and prohibited activities) to prescribe the permitted and prohibited activites within the Miloliʻi CBSFA;
5. 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;
6. 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;
7. Adopt HAR 13-60.XX-7 (Penalty) to establish the administrative and criminal penalties that may be imposed for violations of this chapter; and
8. 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:

1. Add definitions of terminal- and initial-phase uhu and add clarifying language to the definition of pole spear (HAR § 13-60.XX-2);
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));
3. 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
4. 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:

1. 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);
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));
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));
4. 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
5. 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.

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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:

1. 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”;
2. Amend §13-60.4-3 (Definitions) to add a new definition for “multi-panel lay net”;
3. Amend §13-75-8 (Firearms) to prohibit the take of sharks with firearms;
4. Amend §13-75-12.2 (Akule nets) to clarify that akule may be taken with legal throw nets;
5. 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;
6. 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;
7. Amend §§13-75-2 (Penalty) and 13-60.4-8 (Penalty) to clarify the authorized penalties for violations of these chapters;
8. 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;
9. Make other non-substantive amendments for formatting and style; and
10. 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.

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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:

1. 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;
2. Amend the definitions of “landing net,” “snag,” and “take” to clarify the meaning of these terms;
3. Add a definition for “stretched mesh.”
4. 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;
5. 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;
6. 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
7. 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:

1. 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;
2. Amend the definition of “take” to clarify that the attempt to fish for, catch, capture, confine, or harvest marine life is considered “take;” and
3. Add definitions for “marine life” and “weke ‘ula.”

Download the draft Kahului Harbor rule
Download the draft ʻoama rule

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

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 13-34 to update rules regulating the Pūpūkea Marine Life Conservation District (MLCD), O‘ahu.

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)

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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)

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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:

1. 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;
2. Remove the exceptions for take of nehu under a commercial bait license;
3. Remove the exceptions for commercial akule net fishing;
4. Remove the exceptions for crab netting;
5. Remove the exceptions for take of juvenile mullet under an aquaculture license; and
6. 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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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.

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.  Additional information or a copy of the proposed rules will be mailed at no charge upon receipt of verbal or written request to the DAR address.

View draft rule (pdf)

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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:

1. a net length limit
2. commercial bag limits for six species
3. size limits on four species
4. no take of three species.

A public hearing will be scheduled in the near future. View draft Oahu rule (pdf)

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Notice of Indirect Cost Rate

Indirect cost for federally funded projects shall not exceed 10%. View notification (pdf)