PUBLIC HEARING NOTICE
FOR THE PROPOSED ADOPTION OF HAWAII ADMINISTRATIVE RULES
CHAPTER 13-60.11, “KIPAHULU COMMUNITY-BASED SUBSISTENCE
FISHING AREA, MAUI”
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 ‘Ohe’o 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 noncommercial),
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 hearings 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.
If you do not wish to testify but want to watch the public hearing online, you
can view the online public hearing here: https://bit.ly/DARYouTubeChannel
PUBLIC HEARING DATE, TIME, AND LOCATION(S)
Thursday, August 31, 2023, 5:30 p.m. – 8:30 p.m.
• Online via Zoom (register at: https://bit.ly/KipahuluCBSFA08-31)
• Wananalua Church Hall, 5105 Hana Highway, Hana, Hawai’i 96713
TESTIMONY INSTRUCTIONS
• Online Testimony
To provide online testimony, you will need a computer with internet
access, video camera, and microphone, or a telephone. If you wish
to testify online, you must register using the registration link included
above.
Please note that all fields are required to register to testify. Once you
submit the online registration form, a confirmation will be emailed
to you with instructions and the meeting link and call-in number. If
you do not receive an email with a Zoom link, please email DLNR.
Aquatics@hawaii.gov for assistance. We request that you register to
testify at least one hour prior to the hearing to ensure that you receive
the Zoom link on time. If you are unable to access the Zoom hearing,
you may still provide oral testimony at the in-person host site or you
may also submit written testimony.
• In-person Testimony
DLNR will set up an in-person host site at the address listed above
where persons can attend in person to present live video/oral
testimony via computer on Thursday, August 31, 2023, 5:30 p.m. –
8:30 p.m.
• Written testimony
Persons can mail or email written testimony by Friday, September
8, 2023 to: Division of Aquatic Resources, 1151 Punchbowl Street,
Room 330, Honolulu, HI 96813, DLNR.Aquatics@hawaii.gov
Anyone with a hearing impairment who desires to testify, 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. The requests may be made in writing
(to the DAR address in the preceding paragraph), or by calling 587-0100
(voice or TDD) in Honolulu. The proposed rules can be reviewed in person,
by appointment only, at the O’ahu DAR office 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
also be reviewed online at http://ltgov.hawaii.gov/the-office/administrativerules
or at http://dlnr.hawaii.gov/dar/rules-and-public-notices
Dawn N. S. Chang, Chairperson
Board of Land and Natural Resources
(SA1424576 7/30/23)