Draft Board Submittal 1020 Rules change WHI KS 09-19-22

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taking, hunting, killing, propagating, or increasing the wildlife within the [s]tate" through HRS § 183D-2.' In addition, the Department "manage[s] and regulate[s] all lands which may be set apart as game management areas [and] public hunting areas," and must "preserve, protect, and promote public hunting."2 DOFAW is the division that performs these functions for the Department. DOFAW regulates game mammal hunting throughout the state using Chapter 13-123, HAR. In 2021, the Hawaii legislature authorized the Department to "adopt, amend, or repeal any rule pertaining to bag limits, size limits, open or closed hunting seasons, or gear restrictions by formal board action at a publicly noticed meeting" under certain conditions.3 The conditions are that the (1) Board finds that "timely adoption, amendment, or repeal of the rule is necessary to implement effective and adaptive management measures in response to rapidly changing resource conditions; (2) the Department follows notice of rulemaking procedures outlined in HRS § 183D-3(b); and (3) if adopted, the new rule would be effective for an initial period of no longer than two years and be subject to legislative approval and renewal by the Board. If adopted, proposed rules become effective ten (10) days after the board action, unless a later date is specified in the proposed rule. Final rules are to be posted on DOFAW's website. Notice of rulemaking procedures outlined in HRS § 183D-3(b) requires the Department provide (1) notice statewide at least thirty (30) days in advance of the public meeting; (2) a statement of the proposed rule including when, where, and during what times the proposed rule is to be adopted, which may be mailed to any interested person who have made a timely written request of the Board for advance notice of its rulemaking proceedings; and (3) the date, time, and place of the public meeting where interested persons may hear the proposed rule. 1 HRS § 183D-2(1) and (2) (1999). z HRS § 183D-2(9) and (12) (1999). 3 HRS § 183D-3(b) (2021).