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, “Kipahulu 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 Kipahulu 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 Kalepa Gulch in the west to Pua’alu’u Gulch in the east, from the shoreline out to approximately 60 meters in depth and includes two subzones: The Kukui Bay Sanctuary and the ‘Opihi 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, ‘omilu, kala, ‘opihi, ‘alakuma (Spotted Reef Crab), kole, moi, ula (Spiny Lobster), and ula papapa (Slipper Lobster); Prohibit the take of ‘opihi within the ‘Opihi 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 Hawai’i 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 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.