Draft Rules and Public Notices

Public Hearing Notices

 Title

Description

Hearing Details

Chapters 13-77.1, “Aquarium Fishery Management,” 13-60.4, West Hawaiʻi Regional Fishery Management Area, Hawaiʻi,” and 13-75, “Rules Regulating the Possession and Use of Certain Fishing Gear”
Public hearings on proposed rules regulating the aquarium fishery pursuant to the Board’s December 8, 2023 unanimous acceptance of a petition to initiate rulemaking. The draft rulemaking proposal would update and consolidate aquarium fishery regulations by:
  1. Establishing the state of Hawaiʻi aquarium fish permit with general terms and conditions and requirements applicable statewide;
  2. Moving the aquarium fishing vessel registration and marking requirements from the WHRFMA Rules into the new AQ Management Chapter, expanding those requirements to apply statewide;
  3. Establishing commercial aquarium dealer registration and requirements; and
 

 

VIRTUAL PUBLIC HEARING
Tuesday, March 31, 2026, 5:30 p.m. – 8:30 p.m.
Online via Zoom (register at: https://tinyurl.com/AQPublicHearing)
 
IN-PERSON PUBLIC HEARING
Wednesday, April 1, 2026, 4:30 p.m. – 8:30 p.m.
Kealakehe High School Cafeteria
74-5000 Puohulihuli Street
Kailua-Kona, Hawaiʻi 96740

 

Chapters 13-60.12, “Kaʻūpūlehu Fisheries Management Area, Hawaiʻi” and 13-60.4, “West Hawaiʻi Regional Fishery Management Area, Hawaiʻi”

Public hearings on the proposed adoption of Hawaii Administrative Rules (HAR) chapter 13-60.12 to designate the Kaʻūpūlehu Fisheries Management Area (Kaʻūpūlehu FMA) on the west coast of the
island of Hawaiʻi, to create, restore, perpetuate, maintain, share, and protect culturally and ecologically important resources and ensure a socially and ecologically sustainable subsistence fishery at Ka‘ūpūlehu and Kūki‘o that aligns with traditional resource management practices. The proposal also includes amendments to chapter 13-60.4, HAR, “West Hawaiʻi Regional Fishery Management Area, Hawaiʻi” to repeal rules for the Kaʻūpūlehu Marine Reserve, to re-establish the Kaʻūpūlehu Fish Replenishment Area, and to make other housekeeping amendments throughout the chapter.

Click here to view the draft rules in Ramseyer format

Click here to view the full public hearing notice

VIRTUAL PUBLIC HEARING
Tuesday, April 7, 2026, 5:30 p.m. – 8:30 p.m.
Online via Zoom (register at: https://tinyurl.com/KaupulehuFMA-Hrg)

IN-PERSON PUBLIC HEARING
Wednesday, April 8, 2026, 5:00 p.m. – 8:00 p.m.
Kealakehe High School Cafeteria (IN PERSON ONLY)
74-5000 Puohulihuli Street
Kailua-Kona, Hawaiʻi 96740

 

Current Rulemaking

HAR Chapter(s)

Description

Current Status

Past Documents/Links

 

Chapters 13-60.12, “Ka ūpūlehu Fisheries Management Area, Hawaiʻi” and 13-60.4, West Hawaiʻi Regional Fishery Management Area, Hawaiʻi”

 

1) Adoption of a New Hawaii Administrative Rules Chapter Within Title 13: Chapter 13-60.12, “Kaʻūpūlehu Fisheries Management Area, Hawaiʻi” to establish the area boundaries, establish bag limits, size limits, and open and closed seasons for various marine life species, implement gear restrictions, establish a fishing permit requirement including permit terms and conditions, and to establish rules and boundaries for the ‘Opihi Rest Area Rotational Zones to implement enhanced ‘opihi management measures, the Kai Malu Management Area to align with the traditional fishing practices of Kahuwai Bay, and the Wai a Kāne Cultural Site and Freshwater Spring to recognize and preserve the important cultural and ecological role Wai a Kāne plays for Kahuwai Bay and the surrounding nearshore ecosystem.

The Department has scheduled public hearings for the proposed rulemaking action (see PUBLIC HEARING NOTICES section above)
 
 
 
Chapters 13-77.1, “Aquarium Fishery Management,” 13-60.4, West Hawaiʻi Regional Fishery Management Area, Hawaiʻi,” and 13-75, “Rules Regulating the Possession and Use of Certain Fishing Gear”

 

Proposed rules regulating the aquarium fishery pursuant to the Board’s December 8, 2023 unanimous acceptance of a petition to initiate rulemaking. The draft rulemaking proposal would update and consolidate aquarium fishery regulations by:
  1. Establishing the state of Hawaiʻi aquarium fish permit with general terms and conditions and requirements applicable statewide;
  2. Repealing the West Hawaiʻi aquarium permit and associated rules from HAR chapter 13-60.4, “West Hawaiʻi Regional Fishery Management Area” (WHRFMA Rules) and establishing the West Hawaiʻi geographical endorsement (HAR chapter 13-70.11, subchapter 2) including West-Hawaiʻi-specific terms and conditions, a species whitelist, and annual catch limits;
  3. Moving the aquarium fishing vessel registration and marking requirements from the WHRFMA Rules into the new AQ Management Chapter, expanding those requirements to apply statewide;
  4. Establishing commercial aquarium dealer registration and requirements; and
  5. Other various updates to existing aquarium fishing (“AQ”) rules in HAR chapters 13-60.4 and 13-75 to address concerns identified through scoping and expressed via testimony regarding potential regulatory loopholes and compliance and enforcement issues.
The Department has scheduled public hearings for the proposed rulemaking action (see PUBLIC HEARING NOTICES section above)
 

 

 

Past Rulemaking

HAR Chapter(s)

Brief Description

Status

Additional Information,
Past Documents/Links
Chapter 13-74,
“License and Permit Provisions and Fees for Fishing, Fish, and Fish Products”

Provided comprehensive updates to licenses and permits including updated fee schedules and 3 new licenses: A Nonresident Recreational Marine Fishing License, a Commercial Marine Vessel License, and a Commercial Marine Dealer License

Effective 5/2/24

The new licenses will be implemented as follows:

🐟Commercial Marine Vessel License Spring 2024
🐟Commercial Marine Dealer License Fall 2024
🐟Non-resident Recreational Marine Fishing License Fall 2024

See Past Rulemaking page
Chapter 13-60.11,
“Kīpahulu Community-Based Subsistence Fishing Area, Maui”

Established the Kīpahulu Community-Based Subsistence Fishing Area, Maui

Effective 3/25/24 See Past Rulemaking page
Chapter 13-31, “Molokini Shoal Marine Life Conservation District, Maui”
Chapter 13-230, “General Provisions”
Chapter 13-257, “Day-Use Mooring Rules”

Provided crucial amendments and additions to the rules for the Molokini MLCD and Day-Use Mooring program

Effective March 15, 2024 See Past Rulemaking page
Chapter 13-95, “Rules Regulating the Taking and Selling of Certain Marine Resources”

The primary purpose of this rulemaking action was a request to amend HAR chapter 13-95 for enhanced protections of important herbivore fish species and for updated pāpaʻi kualoa (Kona Crab) rules to match the recently amended relevant statutory language.

Effective February 22, 2024 See Past Rulemaking page
Chapter 13-78, “Ocean Stewardship User Fee”

This rulemaking action was a request to adopt HAR chapter 13-78, establishing provisions for the Ocean Stewardship User Fee.

Effective January 12, 2024

See Past Rulemaking page

For information on earlier rulemaking, visit our draft rules and public notices archive.