NOTICE OF RULEMAKING
By Formal Action of the Board of Land and Natural Resources
Pursuant to Section 187A-5(b), Hawaii Revised Statutes,
To Adopt Rules Temporarily Establishing a New Chapter Under Hawaii
Administrative Rules As Chapter 13-60.41,
“West Hawai’i Pa¯ku’iku’i Replenishment”
In response to rapidly declining pa¯ku’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 Board of Land
and Natural Resources (BLNR), at its meeting on Friday, December 9, 2022, for
timely adoption of adaptive management rules temporarily establishing a new
chapter under Hawaii Administrative Rules (HAR) as Title 13, Chapter 13-60.41,
“West Hawai’i Pa¯ku’iku’i Replenishment.” The rules would prohibit the take or
possession of pa¯ku’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’u¯ (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 proposed rules may be reviewed in person, by appointment only, at the
Division of Aquatic Resources (DAR) office on Oahu 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 dlnr.aquatics@hawaii.gov. The proposed rules can be
reviewed online at http://dlnr.hawaii.gov/dar/rules-and-public-notices/.
A copy of the proposed rules will be mailed to any interested person who
requests a copy from DAR and pays the required fees for the copy and the
postage. Requests may be made in person or to dlnr.aquatics@hawaii.gov or
via postal mail to Division of Aquatic Resources, 1151 Punchbowl St. Room
330, Honolulu, Hawai’i 96813.
The proposed adaptive management rules will be heard at the BLNR meeting
scheduled for:
Date: Friday, December 9, 2022
Time: 9:15 a.m.
Location: Kalanimoku Building
1151 Punchbowl Street, Room 132
Honolulu, Hawai’i 96813
View Online: https://www.youtube.com/c/boardoflandandnaturalresourcesdlnr/
If you wish to provide in-person oral testimony, video testimony via Zoom, or oral
testimony via telephone, please follow the directions below:
To provide in person testimony:
Attend live at 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu,
Hawai’i
To provide video testimony:
Send your request to blnr.testimony@hawaii.gov. Include your name and the agenda
item on which you would like to testify. Meeting agendas are posted at least six
days prior to the date of the meeting at https://www.dlnr.hawaii.gov/meetings.
Once your request has been received, you will receive an email with the Zoom
link. Requests may be made during the meeting.
To provide oral testimony by telephone: See the relevant meeting agenda for
dial-in information.
If you have any questions regarding the proposed rules, please email
dlnr.aquatics@hawaii.gov or call the DAR office at 808-587-0100.
If you have any other questions on how to view the meeting, provide oral
testimony, provide written testimony, and request auxiliary aids or services
or other accommodation due to a disability, please visit the BLNR website:
https://dlnr.hawaii.gov/meetings/blnr-meetings-2022/ or call the Land Board
Secretary at 808-587-0404.
Suzanne D. Case, Chairperson
Board of Land and Natural Resources
(SA/WHT1393145 11/9/22)