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HomeMy WebLinkAboutDraft Board Submittal 1020 Rules change WHI KS 09-19-22State 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, Hawaii 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 Hawaii legislature in HRS § 183D-3. BACKGROUND The Hawaii 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 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). 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. Hunting Unit Game Mammals To Be Taken Means of Take Bag Limits Open Hunting Periods Open Hunting Days Special Conditions and Restrictions A Feral pigs Rifle, muzzleloader, One pig per Year-round, Daily, except Evidence of sex and Mauna Kea Game handgun, shotgun, hunter per day. except on legal during spring species waivied for Management Area archery. No season limit. game bird turkey season sheep and goats. (GMA) and Forest Dogs not permitted. hunting days. (Mar 1-Apr 15), Reserve when firearm Wild sheep No bag limit. No Year-round mammal and feral season limit. hunting is goats restricted to elevations above treeline.** 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 Unit Game Mammals To Be Taken Means of Take Bag Limits Open Hunting Periods Open Hunting Days Special Conditions and Restrictions A Feral pigs Rifle, muzzleloader, Four pigs per Year-round, Daily, except Evidence of sex and Mauna Kea Game handgun, shotgun, hunter per day. except on legal on legal fall species waivied for Management Area archery. No season limit. game bird game bird sheep and goats. (GMA) and Forest Dogs not permitted. hunting days. hunting days Reserve and during Wild sheep No bag limit. No Year-round springturkey and feral season limit. season (Mar 1- goats Apr 15), when firearm mammal hunting is restricted to elevations above treeline.** 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 Hawaii Island from Exhibit 11 in Chapter 13-123, HAR. Hunting Unit Game Mammals To Be Taken Means of Take Bag Limits Open Hunting Periods Open Hunting Days Special Conditions and Restrictions E Feral pigs, Archery only. Dogs One pig, one Year-round Daily, subject Entry permit to PTA Pohakuloa Cooperative wild sheep not permitted. goat, and one to training. Unit E required from Game Management and and Feral sheep per hunter PTA Commander. Training Area goats perday. No season limit. One pig, one March through Saturdays, Tags required. Puu Anahulu Game Management Area ram, and two June Sundays, and (GMA), East Section goats per hunter State Holidays perseason. 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 Hawaii Island from Exhibit 11 in Chapter 13-123, HAR. Hunting Unit Game Mammals To Be Taken Means of Take Bag Limits Open Hunting Periods Open Hunting Days Special Conditions and Restrictions E Feral pigs, Archery only. Dogs Limits set by the Year-round Daily, subject Entry permit to PTA Pohakuloa Cooperative wild sheep not permitted. PTA Commander. to training. Unit E required from Game Management and and Feral PTA Commander. Training Area goats Puu Anahulu Game One typical ram, Daily, Tags required for Management Area one non -typical except typical rams and (GMA), East Section ram. closed on fall non -typical rams. This is the season game bird No tags required for limitforsheep. 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 5: Current administrative rules for hunting in Unit F at Puu Waawaa Forest Reserve and Puu Anahulu Game Management Area, West Section on Hawaii Island from Exhibit 11 in Chapter 13-123, HAR. Hunting Game Means of Take Bag Open Hunting Open Hunting Special Conditions Unit Mammals To Limits Periods Days and Restrictions Be Taken F Feral pigs, Special Youth & Three non -typical August Saturdays, Tags required. Puu Waawaa Forest wild sheep Disabled Archery rams and one Sundays, and Reserve (mauka & and Feral (Puu Lani Safety typical ram per State Holidays makai) and Puu goats Zone) Dogs not hunter per day. Anahulu Game permitted"". This is also the Management Area, season limit. West Section One pig, one non Four General Archery typical ram, and consecutive three goats per weekends (makai only) Dogs hunter per day. beginningthe not permitted. This is also the firstweekend season limit. in August Tags required. Three weekends Muzzle loader rifles following the (makai only). Dogs end of the not permitted. general archery season Table 6: Proposed changes in hunting in Unit F at Puu Waawaa Forest Reserve and Puu Anahulu Game Management Area, West Section on Hawaii Island from Exhibit 11 in Chapter 13-123, HAR. Hunting Game Means of Take Bag Open Hunting Open Hunting Special Conditions Unit Mammals To Limits Periods Days and Restrictions Be Taken F Feral pigs, Special Youth Hunt Three non -typical August Saturdays, Tags required. Puu Waawaa Forest wild sheep (Puu Lani Safety rams and one Sundays, and Reserve (makai) and and Feral Zone) Dogs not typical ram per State Holidays Puu Anahulu Game goats permitted"". hunter per day. Management Area, This is also the West Section season limit. Special Disabled September Saturdays, Hunt (Puu Lani Sundays, and Safety Zane) Dogs State Holidays not permitted"" General Archery Four pigs, one January 1 Daily, Tags for non -typical (makai only) Dogs non -typical ram, through July 31 except rams required. not permitted. and three goats and October 1 closed on fall per hunter per through game bird day. December31 haunting and spring bearded turkey haunting days Muzzle loader rifles August and Saturdays, (makai only). Dogs September Sundays, and not permitted. State Holidays Table 7: Current administrative rules for hunting in Unit G at Kaohe Game Management Area on Hawaii Island from Exhibit 11 in Chapter 13-123, HAR. Hunting Unit Game Mammals To Be Taken Means of Take Bag Limits Open Hunting Periods Open Hunting Days Special Conditions and Restrictions G Feral pigs Archery, One pig per Year-round, Daily Hunters must check Kaohe GMA muzzleloader, and hunter per day. except on legal in and out at shotgun with slugs No season limit. game bird Kilohana and Puu Dogs not permitted. hunting days. Huluhulu Checking Archery: Stations. September through June. Muzzleloader rifle and shotgun with slug: July - August Feral goats No bag limit. No Archery: and wild season limit. September sheep through June. Muzzleloader rifle and shotgun with slug: July - August Table 8: Proposed changes in hunting in Unit G at Kaohe Game Management Area on Hawaii Island from Exhibit 11 in Chapter 13-123, HAR. Hunting Unit Game Mammals To Be Taken Means of Take Bag Limits Open Hunting Periods Open Hunting Days Special Conditions and Restrictions G Feral pigs Archery, Four pigs per Year-round, Daily, except Hunters must check Kaohe GMA muzzleloader, and hunter per day. except on legal on legal fall in and out at shotgun with slugs No season limit. game bird game bird Kilohana and Puu Dogs not permitted. hunting days. hunting days Huluhulu Checking Archery: and during Stations. September springturkey through June. season (Mar 1- Muzzleloader Apr 15), when rifle and firearm shotgun with mammal slug: July- hunting is August restricted to Feral goats No bag limit. No Archery: elevations and wild season limit. September above sheep through June. treeline.** Muzzleloader rifle and shotgun with slug: July - August If approved, these proposed amendments would be effective for two years from the date of Board approval. RECOMMENDATION 1111TMITZM=w 0 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 Hawaii 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 Rules Regulating Game Mammal Hunting, Chapter 13-123, Hawai'i Administrative Rules.