§183D-3  Rules.  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 intowildlife sanctuaries, game management areas, and public hunting areasdesignated by the department;

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

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

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

The rules may vary from county to county or in anypart of the county and may specify certain days of the week or certain hours ofthe day in designating open seasons, except that any fees established by ruleshall be the same for each county.  All rules shall have the force and effectof law. [L 1985, c 174, pt of §4; am L 1988, c 12, §1]

 

Case Notes

 

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

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