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HomeMy WebLinkAboutDraft board submittal 1020 rules change WHI KS 9-19-22 v State of Hawaii 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, UNIT F AT PUU WAAWAA FOREST RESERVE AND PUU ANAHULU GAME MANAGEMENT AREA, WEST SECTION, AND UNIT G AT KAOHE GAME MANAGEMENT AREA ON HAWAII ISLAND. 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) Unit F at Puu Waawaa and Puu Anahulu Game Management Area and Unit G at Kaohe 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 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 2 “preserve, protect, and promote public hunting.” 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 3 conditions. 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). 2 HRS § 183D-2(9) and (12) (1999). 3 HRS § 183D-3(b) (2021). Hunting Hunting Game Game Means of TakeMeans of TakeBag Bag Open Hunting Open Hunting Open Hunting Open Hunting Special Conditions Special Conditions UnitUnitMammals To Mammals To LimitsLimitsPeriodsPeriodsDaysDaysand Restrictionsand Restrictions Be TakenBe Taken A A Feral pigsFeral pigsRifle, muzzleloader, Rifle, muzzleloader, One pig per Four pigs per Year-round, Year-round, Daily, except Daily, except Evidence of sex and Evidence of sex and Mauna Kea Game Mauna Kea Game handgun, shotgun, handgun, shotgun, hunter per day. hunter per day. except on legal except on legal during spring on legal fall species waivied for species waivied for Management Area Management Area archery. archery. No season limit.No season limit.game bird game bird turkey season game bird sheep and goats.sheep and goats. (GMA) and Forest (GMA) and Forest Dogs not permitted.Dogs not permitted.hunting days.hunting days.(Mar 1-Apr 15), hunting days ReserveReservewhen firearm and during Wild sheep Wild sheep No bag limit. No No bag limit. No Year-roundYear-roundmammal spring turkey and feral and feral season limit.season limit.hunting is season (Mar 1- goatsgoatsrestricted to Apr 15), when elevations firearm above mammal treeline.**hunting is restricted to elevations above treeline.** PROJECT DESCRIPTION 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. Hunting Hunting Game Game Means of TakeMeans of TakeBag Bag Open Hunting Open Hunting Open Hunting Open Hunting Special Conditions Special Conditions UnitUnitMammals To Mammals To LimitsLimitsPeriodsPeriodsDaysDaysand Restrictionsand Restrictions Be TakenBe Taken E E Feral pigs, Feral pigs, Archery only. Dogs Archery only. Dogs One pig, one Limits set by the Year-roundYear-roundDaily, subject Daily, subject Entry permit to PTA Entry permit to PTA Pohakuloa Cooperative Pohakuloa Cooperative wild sheep wild sheep not permitted.not permitted.goat, and one PTA Commander.to training.to training.Unit E required from Unit E required from Game Management and Game Management and and Feral and Feral sheep per hunter PTA Commander. PTA Commander. Training AreaTraining Areagoatsgoatsper day. No season limit. Puu Anahulu Game Puu Anahulu Game One pig, one One typical ram, March through Saturdays, Daily, Tags required.Tags required for Management Area Management Area ram, and two one non-typical JuneSundays, and except typical rams and (GMA), East Section(GMA), East Sectiongoats per hunter ram. State Holidaysclosed on fall non-typical rams. per season.This is the season game bird No tags required for limit for sheep. hunting and pigs or goats. Four pigs, and spring bearded three goats per turkey hunting hunter per day. days There is no season limit for goats or pigs. Table 3: 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. Hunting Hunting Game Game Means of TakeMeans of TakeBag Bag Open Hunting Open Hunting Open Hunting Open Hunting Special Conditions Special Conditions UnitUnitMammals To Mammals To LimitsLimitsPeriodsPeriodsDaysDaysand Restrictionsand Restrictions Be TakenBe Taken F Feral pigs, Special Youth Hunt Three non-typical AugustSaturdays, Tags required. F Feral pigs, Special Youth & Three non-typical AugustSaturdays, Tags required. Puu Waawaa Forest wild sheep (Puu Lani Safety rams and one Sundays, and Puu Waawaa Forest wild sheep Disabled Archery rams and one Sundays, and Reserve (makai) and and Feral Zone) Dogs not typical ram per State Holidays Reserve (mauka & and Feral (Puu Lani Safety typical ram per State Holidays Puu Anahulu Game goatspermitted****.hunter per day. makai) and Puu goatsZone) Dogs not hunter per day. Management Area , This is also the Anahulu Game permitted****.This is also the West Section season limit. Management Area , season limit. Special Disabled SeptemberSaturdays, West Section Hunt (Puu Lani Sundays, and One pig, one non-Four Safety Zone) Dogs State Holidays typical ram, and consecutive not permitted****. General Archery three goats per weekends General Archery Four pigs, one January 1 Daily, Tags for non-typical (makai only) Dogs hunter per day. beginning the (makai only) Dogs non-typical ram, through July 31 except rams required. not permitted. This is also the first weekend not permitted.and three goats and October 1 closed on fall season limit.in August per hunter per through game bird Tags required. Three day. December 31hunting and weekends spring bearded Muzzle loader rifles following the turkey hunting (makai only). Dogs end of the days not permitted. Table 5: Current administrative rules for hunting in Unit F at Puu Waawaa Forest general archery Muzzle loader rifles August and Saturdays, season (makai only). Dogs SeptemberSundays, and not permitted.State Holidays Reserve and Puu Anahulu Game Management Area, West Section on Hawai‘i Island from Exhibit 11 in Chapter 13-123, HAR. Table 6: 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. Hunting Hunting Game Game Means of TakeMeans of TakeBag Bag Open Hunting Open Hunting Open Hunting Open Hunting Special Conditions Special Conditions UnitUnitMammals To Mammals To LimitsLimitsPeriodsPeriodsDaysDaysand Restrictionsand Restrictions Be TakenBe Taken G G Feral pigsFeral pigsArchery, Archery, One pig per Four pigs per Year-round, Year-round, DailyDaily, except Hunters must check Hunters must check Kaohe GMAKaohe GMAmuzzleloader, and muzzleloader, and hunter per day. hunter per day. except on legal except on legal on legal fall in and out at in and out at shotgun with slugs shotgun with slugs No season limit.No season limit.game bird game bird game bird Kilohana and Puu Kilohana and Puu Dogs not permitted.Dogs not permitted.hunting days. hunting days. hunting days Huluhulu Checking Huluhulu Checking Archery: Archery: and during Stations.Stations. September September spring turkey through June. through June. season (Mar 1- Muzzleloader Muzzleloader Apr 15), when rifle and rifle and firearm shotgun with shotgun with mammal slug: July-slug: July-hunting is AugustAugustrestricted to Feral goats Feral goats No bag limit. No No bag limit. No Archery: Archery: elevations and wild and wild season limit.season limit.September September above sheepsheepthrough June. through June. treeline.** Table 7: Current administrative rules for hunting in Unit G at Kaohe Game Management Muzzleloader Muzzleloader rifle and rifle and shotgun with shotgun with Area on Hawai‘i Island from Exhibit 11 in Chapter 13-123, HAR. slug: July-slug: July- AugustAugust Table 8: Proposed changes in hunting in Unit G at Kaohe Game Management Area 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 and Unit G at Kaohe Game Management Area on Hawai‘i Island to increase recreational hunting days and bag limits using the authority in HRS § 183D-3. Respectfully submitted, David G. 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.