FOR THE PROPOSED ADOPTION OF HAWAII ADMINISTRATIVE RULES
CHAPTER 13-60.12, “KA’UPULEHU FISHERIES MANAGEMENT AREA, HAWAI’I”
AND THE PROPOSED AMENDMENT AND COMPILATION OF HAWAII ADMINISTRATIVE RULES CHAPTER 13-60.4, “WEST HAWAI’I REGIONAL FISHERY MANAGEMENT
AREA, HAWAI’I”

In addition to an overall bag limit of 10 finfish per person per day within the entire Ka’upulehu FMA (with exceptions for the take and possession of introduced species, akule, ‘opelu, and ‘oama), additional restrictions are proposed for species identified as priority species (‘ama’ama/’anae (striped mullet), kumu, moano kea (moano ukali/moana kali), moi, mu, ‘omilu, paku’iku’i, uhu, uku, and ulua aukea) for their increased vulnerability and ecological and cultural significance. The proposed rules would establish bag limits and/or size limits for the identified priority species as well as a variety of other nearshore species, including akule, ‘opelu, ‘oama, ‘a’ama, he’e, kupe’e, ‘opihi, urchins (wana, ha’uke’uke, ‘ina, hawa’e, etc.), ula (Spiny Lobster), and ula papapa (Slipper Lobster); Establish a 5-year ‘Opihi Rest Area Rotational Zone closure schedule; Prohibit the take or possession of any native limu species with a holdfast or roots attached; Prohibit the use of any fishing gear except hand pole (no reel), luhe’e, and hand or scoop nets within the Kai Malu Management Area; Prohibit the use of any fishing gear except gear allowed within the Kai Malu Management Area and up to two fishing poles per person (one line per pole, up to two hooks per line, and one point per hook, provided that double or treble hooks are allowed when using fishing lures), spears (except at night – thirty minutes after sunset to thirty minutes before sunrise), ‘opihi picking tools 12 inches or less in total length, throw nets, and traps (with a visual inspection every 2 hours); Prohibit entry into the Wai a Kane Cultural Site and Freshwater Spring; Prohibit anchoring within the Ka’upulehu FMA; Carve out an exception allowing vessels in possession of restricted gear or species to traverse through the Ka’upulehu FMA 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 hearings or to submit written testimony to present relevant information and individual opinions for DLNR to consider.

DAR is especially interested in gathering testimony on any impacts this rulemaking proposal may have on local, independent small businesses (less than 100 employees). DAR is also seeking testimony identifying any native Hawaiian traditional and customary rights or practices affected by the rulemaking proposal as well as suggestions on how to mitigate any identified negative impacts to those rights.