Maunalua Bay Fisheries Management Area, O‘ahu

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HAWAII ADMINISTRATIVE RULES

TITLE 13

DEPARTMENT OF LAND AND NATURAL RESOURCES

SUBTITLE 4

FISHERIES

PART II

MARINE FISHERIES MANAGEMENT AREAS

CHAPTER 48.5

MAUNALUA BAY FISHERIES MANAGEMENT AREA, O‘AHU

§13-48.5-1 Purpose §13-48.5-2 Definitions §13-48.5-3 Duration §13-48.5-4 Boundaries §13-48.5-5 Prohibited activities §13-48.5-6 Transit through Maunalua Bay Fisheries Management Area with restricted gear and species §13-48.5-7 Penalty §13-48.5-8 Asset forfeiture §13-48.5-9 Severability

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§13-48.5-1 Purpose. The purpose of this chapter regarding the Maunalua Bay Fisheries Management Area is to: (1) Create long-term sustainable fishing within Maunalua Bay; (2) Implement fisheries management actions that protect ecologically critical and socially important marine life while minimizing impacts to sustainable fishing practices; (3) Develop and implement monitoring and data collection processes that integrate western, indigenous, and citizen science (including empirical knowledge from Maunalua Bay users) to provide decision-makers with a diversity of accurate, abundant, and timely information that contributes to fisheries management decision-making; and (4) Develop and implement an inclusive, transparent, adaptive stakeholder-endorsed and science-based decision-making process that lends to long-term sustainable fishing within Maunalua Bay. [Eff 05/23/25] (Auth: HRS §188-53) (Imp: HRS §188-53)

§13-48.5-2 Definitions. As used in this chapter, unless the context clearly indicates or is otherwise provided: "‘Alakuma" means any crab known as Carpilius maculatus or any recognized synonym. ‘Alakuma are also known as spotted reef crab, seven-eleven crab, blood spotted crab, dark-finger coral crab, and large spotted crab. "Aquatic life" means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots products, and other parts thereof.

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"Diving" means any activity conducted in the water involving the use of an underwater breathing apparatus or a mask, goggles, or any other device that assists a person to see underwater while his or her face is submerged. Diving includes both extractive and non-extractive activities, such as SCUBA diving, free diving, and snorkeling. "Diving equipment" means any gear commonly associated with the practice of diving, including but not limited to a mask, underwater breathing apparatus, or fins. "Horned helmet" means any gastropod mollusk known as Cassis cornuta or any recognized synonym. Horned helmet are also known as yellow helmet shell and pū. "Spear" means any device or implement that is designed or used for impaling marine life, whether propelled by hand or with the use of elastic bands or other means. Spears may include, but are not limited to, spear gun shafts, arbalettes, arrows, Hawaiian slings, or three-prong spears. "Take" means to fish for, catch, injure, kill, remove, capture, confine, or harvest, or to attempt to fish for, catch, injure, kill, remove, capture, confine, or harvest. "Triton's trumpet" means any gastropod mollusk known as Charonia tritonis or any recognized synonym. Triton's trumpet are also known as giant triton and pū. "Ula" means any spiny lobster of the genus Panulirus. Ula are also known as lobster, Hawaiian spiny lobster, spiny lobster, red lobster, or green lobster. "Ula pāpapa" means any crustacean of the species Scyllarides squammosus or Scyllarides haanii, or any recognized synonym. Ula pāpapa are also known as ula ‘āpapapa, slipper lobster, ridgeback slipper lobster, or shovel-nosed lobster. "Underwater breathing apparatus" means any apparatus that allows a person to breathe while his or her face is below the surface of the water, including but not limited to snorkels, SCUBA regulators, high

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pressure cylinders, rebreathers, SNUBA, and hookah rigs. [Eff 05/23/25] (Auth: HRS §188-53) (Imp: HRS §188-53)

§13-48.5-3 Duration. These rules shall be effective until June 30, 2036, or until the effective date of new or amended rules implementing science- based, adaptive management measures as developed by the department in consultation with the Maunalua community and other interested parties, whichever occurs earlier. [Eff 05/23/25] (Auth: HRS §188-53) (Imp: HRS §188-53)

§13-48.5-4 Boundaries. (a) The Maunalua Bay Fisheries Management Area includes that portion of the southeastern coast of the island of O‘ahu consisting of all state waters and submerged lands bounded by: (1) A straight line extending from the southern tip of Kawaihoa Point (Spitting Caves) at 21.25918°N, -157.70718°W westward to the Diamond Head buoy at approximately 21.24679°N, -157.81571°W; (2) A straight line extending from the Diamond Head buoy shoreward to the Diamond Head Lighthouse at 21.25523°N, -157.80967°W; and (3) A line drawn along the shoreline between the Diamond Head lighthouse and Kawaihoa Point. The foregoing boundaries and reference points are shown on Exhibit A entitled "Map of the Maunalua Bay Fisheries Management Area, Oahu", dated June 24, 2020, located at the end of this chapter. (b) For the purposes of this chapter, the shoreline shall be determined by the upper reaches of the wash of the waves on shore. Should there be a stream or river flowing into the ocean, the shoreline shall be determined by an imaginary straight line

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drawn between the upper reaches of the wash of the waves on either side of the stream or river. [Eff 05/23/25] (Auth: HRS §188-53) (Imp: HRS §188-53) §13-48.5-5 Prohibited activities. While within the Maunalua Bay Fisheries Management Area, it is unlawful to: (1) Take or possess any specimen of the following species: ‘alakuma, horned helmet, Triton's trumpet, ula, or ula pāpapa; and (2) Between one-half hour after sunset to one- half hour before sunrise: (A) Use or possess any spear while diving; (B) Possess both diving equipment and a spear at the same time; or (C) Possess both diving equipment and any specimen of speared aquatic life at the same time. [Eff 05/23/25] (Auth: HRS §188-53) (Imp: HRS §§187A-5, 188-53)

§13-48.5-6 Transit through Maunalua Bay Fisheries Management Area with restricted gear and species. Prohibited gear and restricted species as described in section 13-48.5-5 may be possessed while onboard a vessel in active transit through the area, provided that no prohibited gear is in the water during the transit. Vessels that are adrift, anchored, or moored are not considered to be in active transit with the exception of vessels in line for the boat ramp and vessels actively loading and unloading at the wharf or on shore. [Eff 05/23/25] (Auth: HRS §188-53) (Imp: HRS §188-53)

§13-48.5-7 Penalty. (a) Any person who violates any provision of this chapter or the terms and conditions of any permit issued as provided by this chapter, shall be subject to:

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(1) Administrative penalties as provided by section 187A-12.5, HRS; (2) Criminal penalties as provided by section 188-70, HRS; and (3) Any other penalty as provided by law. (b) Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [Eff 05/23/25] (Auth: HRS §188-53) (Imp: HRS §§187A-12.5, 188-70)

§13-48.5-8 Asset forfeiture. Any equipment, article, instrument, aircraft, vehicle, vessel, business record, or natural resource used or taken in violation of this chapter, may be seized and subject to forfeiture as provided by section 199-7 and chapter 712A, HRS. [Eff 05/23/25] (Auth: HRS §190-3) (Imp: HRS §199-7, ch. 712A)

§13-48.5-9 Severability. If any provision of this chapter, or the application thereof, to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [Eff 05/23/25] (Auth: HRS §188-53) (Imp: HRS §§1-23, 188- 53)

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DEPARTMENT OF LAND AND NATURAL RESOURCES

Chapter 13-48.5, Hawaii Administrative Rules, on the Summary Page dated January 24, 2025, was adopted on January 24, 2025, following one public hearing held on October 2, 2024, after public notice was given in the Honolulu Star-Advertiser on September 1, 2024.

The adoption of chapter 13-48.5 shall take effect ten days after filing with the Office of the Lieutenant Governor.

/s/ Dawn N.S. Chang__________ DAWN N.S. CHANG Chairperson Department of Land and Natural Resources

APPROVED:

/s/ Josh Green_______________ JOSH GREEN, M.D. Governor State of Hawai‘i

Dated: _05/13/2025___________

APPROVED AS TO FORM:

/s/ John E. Dubiel___________ JOHN E. DUBIEL Deputy Attorney General _____05/23/25______________ Filed

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