After more than 8 hours of public testimony in Honolulu yesterday, the Hawaii State Board of Land and Natural Resources voted 5-2 Friday night to approve the following emergency rule:
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 rule is in response to protests and non-stop gatherings at the summit of Mauna Kea by people attempting to halt construction of the Thirty Meter Telescope.
The 120-day emergency rule would restrict access to anyone not traveling in a vehicle on Mauna Kea Access Road from 10 p.m. to 4 a.m. and prohibit camping gear, including blankets and tarpaulins, within a mile of the road at any time. The rule ostensibly would allow construction to resume on the Thirty Meter Telescope, the subject of months of protests.
KAHULUI — New state fishing rules regulating the take and possession of uhu (parrotfish) and kumu (goatfish) on Maui island take effect this Saturday, November 1, 2014, following signature into law by Governor Neil Abercrombie.
Hawaii Administrative Rules chapter 13-95.1 sets new bag and size limits for several popular nearshore fish including kumu and uhu. The new rules will include a bag limit of no more than two uhu per person per day and prohibitions on the take of blue male uhu for the two large species (uhu ‘ele‘ele, and uhu uliuli). There will also be bag limits for these popular goatfish: kumu (no more than one), and moana kea and munu (no more than two).
The rules also set new minimum size limits for the two large uhu species (14 inches), all other uhu species (10 inches), the three large goatfish species: kumu, moano kea, and weke nono (12 inches), and all other goatfish species (8 inches), provided that the take of ‘oama (juvenile weke‘a less than 5 inches in length) is allowed by hook-and-line only.
“The Department of Land and Natural Resources strongly supports this rule change to better manage these fish species. This decision is based on many years of research on the biology and ecology of these fishes, as well as evidence of decreased numbers on Maui’s nearshore coral reefs,” said William J. Aila, Jr., DLNR chairperson.
The Board of Land and Natural Resources adopted the rule changes on Friday, September 26, 2014. Public hearings on the draft rules were held on Maui and Lanai between November 19-21, 2013.
The new rule HAR 13-95.1 may be viewed online here.
For more information on the rules contact the Maui office of the Division of Aquatic Resources at (808)243-5294.
Avid Maui fisherman – and orchid grower – Darrell Tanaka returned to Maui from O’ahu Friday with a huge smile on his face. Tanaka and other stewards of the sea have fought for many years to achieve bag and size limits of reef fish in Maui’s near shore waters. Friday, the Board of Land and Natural Resources said “yes” on two species.
Final vote, Tanaka says, was 4-2 to restrict the number, size and sex of parrotfish (uhu) and goatfish (kumu) that can be taken in Maui Island waters out to three miles. In his note, Tanaka expressed bewilderment that the “no” votes for Maui bag limits came from commissioners from Kaua’i and the Big Island.
The bill will go to Gov. Neil Abercrombie’s desk to be signed into law. The ban would take effect immediately. Tanaka also expressed his appreciation to Maui testifiers who submitted testimony on the topic. He reports 68 in favor of the limits and only five against.
HONOLULU — The Board of Land and Natural Resources (DLNR) on Friday will consider approval of new fishing rules that would establish new bag and size limits for uhu (parrotfish) and goatfish on the island of Maui only.
The changes will consist of bag and size limits for several popular nearshore fish including goatfish (kumu), and parrotfish (uhu). The proposed rules will include a bag limit of no more than two uhu and prohibitions on the take of blue male uhu for the two large species.
There will also be bag limits for these popular goatfish: kumu (no more than one), and moana kea and munu (no more than two).
“The Division of Aquatic Resources strongly supports this rule package. It is based on more than five years’ research on the biology and ecology of these fishes, and population data that indicate management is required now,” said Frazer McGilvray, Division of Aquatic Resources Administrator.
Public hearings on the draft rules were held on Maui and Lanai between November 19-21, 2013.
Draft rules for jacks and other fishes, and proposed rule changes for Lanai were removed from these proposed amendments. The Division of Aquatic Resources will work with the Lanai community to develop rule changes in the near future.
KAHULUI — The Board of Land and Natural Resources (BLNR) today authorized the Department of Land and Natural Resources (DLNR) to seek bids to conduct an archaeological inventory survey (AIS) and environmental review (EA) necessary to explore a proposed land exchange agreement between the state and Haleakala Ranch that that the department believes will ensure public access to a disputed hiking trail, and create a new access route to two large forest reserves on the leeward slope of Haleakala.
The Land Board made clear that it was approving further study of the proposed transaction only and that it would decide on the merits only after this further study with appropriate public input is completed. The Land Board declined at this time to also authorize the DLNR chairperson to negotiate and execute an agreement with Haleakala Ranch Co. and agree, in principle, to terms for a potential exchange of lands.
Once the reviews are conducted Division of Forestry and Wildlife staff will return to the board for further decision making. In addition, under state law, any such proposed land exchange would also require consideration by the state legislature.
One of the alternatives to be considered would include the state relinquishing title to the Haleakala Bridle Trail but maintaining a binding, perpetual agreement for public access to the trail. In exchange, the state would receive a perpetual easement that would allow for a new public access route to its Kahikinui Forest Reserve and Na Kula Natural Area Reserve.
The reserves, located on the upper slopes of leeward Haleakala, comprise more than 3,500 acres of outstanding opportunities for back country hiking, hunting, camping, and nature experience, and are important sites for several department initiatives, including watershed restoration and recovery of endangered species, such as the Maui Parrotbill.
“The Department supports the further study needed to consider fully this proposed land exchange. We are looking for the solution with the greatest public benefit”said William Aila, Chairperson of the Board of Land and Natural Resources.
Hawaii is unique among the states in that is has a law that can ensure public ownership of certain trails if it can be determined that those trails were in existence at the time of the original law signed by Queen Liliuokalani in 1892, or if other criteria are met. In practice, however, determining whether a particular trail meets the requirements under the law can be technically and legally challenging, requiring extensive research, documentation, and in some cases, litigation.
A purported historic route to the summit of Haleakala represents such a case. While public access advocates have claimed that the historic trail, known as the Bridle Trail or Haleakala Trail, falls under the state law, the landowner has vigorously disagreed. As a result, the access advocates have sued and the case is pending in court.
The recommended studies will ensure that all natural, cultural, and historic features of the Haleakala trail and the proposed Wailaulau access are identified, protected, and preserved.. The Department will explore additional alternatives and we look forward to working in partnership with the landowner, with stakeholders and the community to come up with the greatest public benefit.
HONOLULU – Gov. Neil Abercrombie today announced the nominations of James A. Gomes to the Board of Land and Natural Resources (BLNR) and Kamanamaikalani Beamer, Ph.D. and Milton D. Pavao to the Commission of Water Resource Management (CWRM). Their 4-year terms are effective July 1, 2013, subject to state Senate confirmation.
“Each of these nominees are not only accomplished in their respective fields and occupations; they are also deeply invested to the future of these islands and our natural resources,” Gov. Abercrombie said. “I have the utmost confidence in their ability to serve the people of Hawaii in the responsible management of our land and water resources, which are critical to the future security and vitality of our state.”
James A. Gomes is the operation manager for Ulupalakua Ranch Ltd. He has served on the Maui County Liquor Commission since 2000, including as vice-chairman and chairman; on the board of the Maui Cattlemen’s Association since 2006; and as director of the Central Maui Soil and Water Conservation District since 2007 (recently re-elected to serve a 5-year term). Previously, he served as director of Wailuku Mill Yard, a member of Mayor James Apana’s Community Advisory Board, and a delegate to the Hawaii Cattlemen’s Council. Gomes earned a liberal arts degree at UH Maui College. Born on Maui, he is a resident of Kula.
“Kamana” Beamer is the director of the First Nations Futures Program and an assistant professor at the University of Hawaii Hawaiinuiakea School of Hawaiian Knowledge and William S. Richardson School of Law. A graduate of Kamehameha Schools, Beamer is fluent in Hawaiian language and earned bachelor’s degrees (double major) in Hawaiian Studies and Philosophy as well as a master’s degree and Ph.D. in geography at the University of Hawaii. Beamer also earned an associate’s degree from Marymount College and a First Nations Futures Institute Certificate from Stanford University. Beamer is a resident of Oahu and Hawaii Island.
Milton D. Pavao retired in 2011 as manager and chief engineer for the Hawaii County Department of Water Supply. He is a licensed professional engineer and earned the Engineer of the Year Award in 1999 from the Hawaii Society of Professional Engineers. He is also the co-founder of the Kona Water Roundtable. Pavao earned a bachelor’s degree in civil engineering from the University of Hawaii. He is a resident of Keaau.
The BLNR is composed of seven members, three at-large and one from each of the State of Hawaii’s four land districts. CWRM consists of seven members with five members appointed by the Governor. The chairperson of the BLNR serves as the CWRM chairperson, and the Director of Health serves as an ex officio voting member.
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