Of Emergency Administrative Rules for
Designating a Restricted Area on
Mauna Kea Observatory Access Road
Governor David Ige signed into law on July 14, 2015 a temporary amendment to
Chapter 13-123, Hawaii Administrative Rules, by adding a new section 13-123-21.2 that establishes a restricted area encompassing a one mile buffer on either side of the Mauna Kea Observatory Access Road. The rule amendment reads as follows:
§13-123-21.2 Prohibited activities. (a) The area referred to in this rule as the “restricted area” is defined as any lands in the public hunting area that includes the
Mauna Kea Observatory Access Road and one mile on either side of the Mauna Kea
Observatory Access road.
(b) As used in this rule, the term “transiting” means operating, or being a passenger in, a motor vehicle travelling at a reasonable and prudent speed and having regard to the actual and potential hazards and conditions then existing.
(c) No person shall at any time possess or control in the restricted area any of the following items: sleeping bag, tent, camping stove, or propane burner.
(d) No person shall enter or remain in the restricted area during the hours of 10:00 p.m. to 4:00 a.m., unless the person is transiting through the restricted area on the Mauna Kea Observatory Access Road or is lawfully within or entering or exiting an existing observatory or a facility operated by the University of Hawaii.
The Department of Land & Natural Resources found that the immediate adoption of this emergency rule amendment upon less than thirty days’ notice of hearing was necessary to prevent an imminent peril to public safety and the state’s natural resources related to the presence of persons in portions of public hunting areas between the hours of 10:00 p.m. and 4:00 a.m.
This amendment to chapter 13-123, Hawaii Administrative Rules, on the Summary Page dated July 10, 2015, was adopted on July 10, 2015, without prior notice or hearing pursuant to emergency rulemaking authority provided in HRS §91-3(b).
This amendment to chapter 13-123 became effective July 14, 2015 upon filing with the Office of the Lieutenant Governor, and shall be effective for no more than 120 days after that date.
Additional information or a copy of the emergency rules will be mailed at no charge upon receipt of verbal or written request to the Division of Forestry and Wildlife, 1151 Punchbowl Street Room 325, Honolulu, HI 96813 or may be obtained at http://dlnr.hawaii.gov/dofaw/ in the “Announcements” section.
Suzanne D. Case, Chairperson
Board of Land and Natural Resources