HomeMy WebLinkAboutDraft board submittal 1020 rules change WHI KS 9-16-22 v.3.docxDRAFTStateofHawaii
DEPARTMENT OF LAND AND NATURAL RESOURCES
Division of Forestry and Wildlife
Honolulu,Hawaii 96813
Date
Board of Land and Natural Resources
State of Hawaii
Honolulu,Hawaii
SUBJECT:REQUEST FOR APPROVAL TO TEMPORARILY AMEND RULES
REGULATING GAME MAMMAL HUNTING,CHAPTER 13-123,HAWAI‘I
ADMINISTRATIVE RULES,BY AMENDING THE ADMINISTRATIVE
RULES REGULATING HUNTING IN UNIT A AT MAUNA KEA GAME
MANAGEMENT AREA AND FOREST RESERVE,UNIT E AT
POHAKULOA COOPERATIVE GAME MANAGEMENT AND TRAINING
AREA AND PUU ANAHULU GAME MANAGEMENT AREA,EAST
SECTION,AND UNIT F AT PUU WAAWAA FOREST RESERVE AND
PUU ANAHULU GAME MANAGEMENT AREA,WEST SECTION.
SUMMARY
The Department of Land and Natural Resources (“Department”)Division of Forestry and
Wildlife (“DOFAW”)requests approval from the Board of Land and Natural Resources
(“Board”)for a temporary administrative rule change to Rules Regulating Game
Mammal Hunting,Chapter 13-123,Hawai‘i Administrative Rules (“HAR”),by amending
the administrative rules found in Exhibit 11 for regulating hunting in the makai section of
hunting Unit A (Mauna Kea Game Management Area and Forest Reserve),Unit E
(Pohakuloa Cooperative Game Management and Training Area and Puu Anahulu Game
Management Area East section)and Unit F at Puu Waawaa and Puu Anahulu Game
Management Area.DOFAW requests changes in the seasons and bag limits for pigs,
goats,and sheep in units previously listed.This action may help to reduce the
population of these species in these areas.DOFAW requests approval of the proposed
amendments using the authority issued to the Board by the Hawai‘i legislature in HRS §
183D-3.
BACKGROUND
The Hawai‘i legislature authorized the Department to “manage and administer the
wildlife and wildlife resources of the [s]tate,”and “enforce all laws related to protecting,
taking,hunting,killing,propagating,or increasing the wildlife within the [s]tate”through
1
DRAFTHRS§183D-2.1 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 Hawai‘i 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.
3 HRS §183D-3(b)(2021).
2 HRS §183D-2(9)and (12)(1999).
1 HRS §183D-2(1)and (2)(1999).
2
DRAFTPROJECTDESCRIPTION
Table 1:Current administrative rules for hunting in Unit A Mauna Kea Game
Management Area and Forest Reserve on Hawaii Island from Exhibit 11 in Chapter
13-123,HAR.
Table:2 Proposed changes in hunting Unit A Mauna Kea Game Management Area and
Forest Reserve on Hawaii Island from Exhibit 11 in Chapter 13-123,HAR.
3
DRAFTTable3:Current administrative rules for hunting in Unit E at Pohakuloa Cooperative
Game Management and Training Area and Puu Anahulu Game Management Area,
East Section on Hawai‘i Island from Exhibit 11 in Chapter 13-123,HAR.
Table 4:Proposed changes in hunting in Unit E at Pohakuloa Cooperative Game
Management and Training Area and Puu Anahulu Game Management Area,East
Section on Hawai‘i Island from Exhibit 11 in Chapter 13-123,HAR.
4
DRAFTTable5:Current administrative rules for hunting in Unit F at Puu Waawaa Forest
Reserve and Puu Anahulu Game Management Area,West Section on Hawai‘i Island
from Exhibit 11 in Chapter 13-123,HAR.
5
DRAFTTable6:Proposed changes in hunting in Unit F at Puu Waawaa Forest Reserve and
Puu Anahulu Game Management Area,West Section on Hawai‘i Island from Exhibit 11
in Chapter 13-123,HAR.
If approved,these proposed amendments would be effective for two years from the date
of Board approval.
RECOMMENDATION
That the Board
1.Approve and temporarily amend the Division of Forestry and Wildlife’s Rules
Regulating Game Mammal Hunting,Chapter 13-123,HAR,by amending the
administrative rules for regulating hunting in Unit A (Mauna Kea Game
Management Area and Forest Reserve),Unit E (Pohakuloa Cooperative Game
Management and Training Area and Puu Anahulu Game Management Area East
section)Unit F at Puu Waawaa and Puu Anahulu Game Management Area,
West Section on Hawai‘i Island to increase recreational hunting days and bag
limits using the authority in HRS §183D-3.
Respectfully submitted,
6
DRAFTDavidG.Smith,Administrator
Division of Forestry and Wildlife
APPROVED FOR SUBMITTAL
Suzanne Case,Chairperson
Board of Land and Natural Resources
Attachments
1.Rules Regulating Game Mammal Hunting,Chapter 13-123,Hawai‘i
Administrative Rules.
7
DRAFT