§183D-3  Rules.  (a)  Subject to chapter 91, the department shall adopt, amend, and repeal rules:

     (1)  Concerning the preservation, protection, regulation, extension, and utilization of, and conditions for entry into wildlife sanctuaries, game management areas, and public hunting areas designated by the department;

     (2)  Protecting, conserving, monitoring, propagating, and harvesting wildlife;

     (3)  Concerning size limits, bag limits, open and closed seasons, and specifications of hunting gear which may be used or possessed; and

     (4)  Setting fees for activities permitted under this chapter, unless otherwise provided for by law.

     The rules may vary from county to county or in any part of the county and may specify certain days of the week or certain hours of the day in designating open and closed hunting seasons, except that any fees established by rule shall be the same for each county.  All rules shall have the force and effect of law.

     (b)  Notwithstanding any law to the contrary, the board may 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; provided that:

     (1)  The board finds that the 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)  Notice of the rulemaking shall:

          (A)  Be given at least once statewide at least thirty days in advance of the public meeting;

          (B)  Include a statement of the topic of the proposed rule to be adopted, amended, or repealed or a general description of the subjects involved;

          (C)  Include a statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy and pays the required fees for the copy and the postage, if any, together with a description of where and how the requests may be made;

          (D)  Include a statement of when, where, and during what times the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed may be reviewed;

          (E)  Include the date, time, and place where the public meeting will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal; and

          (F)  Be mailed to all persons who have made a timely written request of the board for advance notice of its rule-making proceedings; and

     (3)  The adoption, amendment, or repeal of the rule shall be effective for an initial period of no longer than two years, subject to legislative approval and renewal by the board; provided that renewal by the board shall extend for up to one year at a time.

     Each rule hereafter adopted, amended, or repealed under this subsection shall become effective ten days after formal action by the board; provided that if a later effective date is specified in the rule, the later date shall be the effective date.  The department shall post the final adopted, amended, or repealed rule on its website for the duration of time that the rule is in effect.

     Any such rule established by such action of the board pursuant to this subsection shall have the force and effect of law.  Any person who violates any rule established by such action of the board shall be subject to administrative penalties as provided by section 183D-12. [L 1985, c 174, pt of §4; am L 1988, c 12, §1; am L 2021, c 49, §2]

Case Notes

  Sections 183D-22 and 183D-10.5 provided the authority for the department of land and natural resources to require payment of a fee for a hunting-related article such as a stamp; however, since game bird hunting was an activity permitted under this chapter, the department was required under this section to adopt a rule pursuant to §91-3 when setting the stamp fees for hunting.  117 H. 16 (App.), 175 P.3d 126 (2007).

  Since the addition of two extra hunting days to each week of the hunting season concerned "conditions for entry into game management areas, and public hunting areas designated by the department of land and natural resources" and "open seasons" for hunting, the express language of this section mandated that in order to add the two weekdays for bird hunting, the department had to amend Hawaii administrative rule 13-122-4 pursuant to chapter 91.  117 H. 16 (App.), 175 P.3d 126 (2007).