A decision could be issued soon on whether two Kauai fishermen will get a chance to challenge new rules approved for the state’s first community-based subsistence fishing area in Haena on Kauai.

At a meeting set for 9 a.m. Friday in the Kalanimoku Building on Oahu, the Department of Land and Natural Resources’ Division of Aquatic Resources is expected to ask the Board of Land and Natural Resources to reject the request for a contested case hearing sought by Paul "Makani" Christensen and Michael Sur.

In its submittal to the board, the division maintains that the petitioners "are not entitled to a contested case hearing by statute, rule or due process."

On Oct. 24, the board approved rules for the Haena Community-Based Subsistence Fishing Area, the first such area in the state.

Under the rules, commercial harvest is banned in the subsistence fishing area. Each fisherman is limited to two fishing poles. Spear guns and night fishing are also prohibited. Bag limits will also be imposed on lobsters, urchins and octopus.

Implementation of the rules is pending because of the petition. Christensen and Sur argue the rules would hinder the livelihood for fishermen and could allow invasive species to proliferate.

If the board rejects the petition, the rules will be sent to Gov. Neil Abercrombie for final approval. The rules would take effect 10 days after they’re filed with the lieutenant governor’s office, said DLNR spokeswoman Deborah Ward.

In the petition, Christensen and Sur describe themselves as representatives of fishermen. In a submittal to the board, the division countered that the petitioners may represent themselves but "they have not indicated any basis or capacity to allow them to represent an unnamed constituency of fishermen."

In a previous interview with the Honolulu Star-Advertiser, Sur described himself as a representative of a group of fishermen on Kauai.

Presley Wann, president of Hui Maka‘ainana o Makana, a community group that took part in drafting the community-based subsistence fishing area’s management plan for Haena, said the rules are necessary to address the depletion of fish populations and protection of natural resources.

"We’re not telling anybody not to fish there," Wann said.

He said there have been instances of excessive harvest at Haena, prompting the need for rules. In one case, a fisherman had set up 10 fishing poles at one time. In another, he said, buckets full of limu have been collected for commercial purposes.

Christensen said the proposed subsistence rules are tantamount to privatizing state waters.