West Hawai‘i Pāku‘iku‘i Replenishment

DEPARTMENT OF LAND AND NATURAL RESOURCES

Adoption of Chapter 13-60.41 Hawaii Administrative Rules

December 9, 2022

SUMMARY

Chapter 13-60.41, Hawaii Administrative Rules, entitled " ", is adopted.

§13-60.41-1

HAWAII ADMINISTRATIVE RULES

TITLE 13

DEPARTMENT OF LAND AND NATURAL RESOURCES

SUBTITLE 4 FISHERIES

PART II MARINE FISHERIES MANAGEMENT AREAS

CHAPTER 60.41

§13-60.41-1 Definitions §13-60.41-2 Permitted and prohibited activities §13-60.41-3 Penalty

§13-60.41-1 Definitions. As used in this chapter, unless otherwise provided: "Board" means the board of land and natural resources. "Department" means the department of land and natural resources.

aquatic life. The use of a pole, line trap, spear, or other gear which is designed to catch,

60.41-1

§13-60.41-1

the water, or in a vessel on the water, or on or about

harvested, shall be deemed to be fishing. "P ‘ ‘i" Acanthurus achilles or any recognized synonym. P ‘ ‘i are

" " remove, capture, confine, or harvest, or to attempt to

confine, or harvest. "West Hawai‘i regional fishery management area" means the area defined in section 13-60.4-2. [Eff 12/19/22] (Auth: HRS §187A-5(b (Imp: HRS §187A- 5(b §13-60.41-2 Permitted and prohibited activities. (a) Nothing in this chapter shall be construed as abridging traditional and customary native Hawaiian rights. (b) Within the West Hawai‘i regional fishery management a [Eff 12/19/22] (Auth: HRS §187A-5(b (Imp: HRS §187A-5(b §13-60.41-3 Penalty. (a) Any person who violates any provision of this chapter shall be subject to administrative penalties as provided by section 187A-12.5, HRS. [Eff 12/19/22] (Auth: HRS §187A-5(b (Imp: HRS §§187A-5(b), 187A-12.5)

60.41-2

DEPARTMENT OF LAND AND NATURAL RESOURCES

Chapter 13-60.41, Hawaii Administrative Rules, was adopted pursuant to the requirements of section 187A-5(b), Hawaii Revised Statutes, on December 9, 2022, following the public meeting of the Board of Land and Natural Resources held on December 9, 2022, after public notice was given in the Honolulu Star- Advertiser on November 9, 2022, at least thirty days prior to the public meeting.

The Board of Land and Natural Resources found that the timely adoption of this chapter is necessary to implement effective and adaptive management measures in response to the ongoing rapid decline in

regional fishery management area.

The adoption of chapter 13-60.41, Hawaii

this formal action by the Board of Land and Natural Resources, and shall be effective for no longer than two years, subject to legislative approval and renewal by the Board of Land and Natural Resources; provided that renewal by the board shall extend for up to one year at a time. The rules shall be posted on the Department of Land and Natural Resources website, where they will remain for the duration of time that the rules are in effect.

_____________________________ SUZANNE D. CASE Chairperson Board of Land and Natural Resources

APPROVED AS TO FORM:

_________________________ Deputy Attorney General