Draft Rules and Public Notices

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proposes to amend section 13-34-1.1, Definitions, to amend the definition of “limu lipeʻepeʻe” to replace the outdated scientific name with the currently accepted scientific names of four species known to practitioners as limu lipeʻepeʻe.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].


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.

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)


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)


Notice of Indirect Cost Rate

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