Department of Land and Natural Resources

Land Board Submittals – 06/10/21

AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES

DATE: THURSDAY, June 10, 2021

TIME: 9:00 A.M.

LOCATION: Online via ZOOM, Livestream via YouTube

Meeting materials are available for public review in advance of the meeting at:
https://www.dlnr.hawaii.gov/meetings

Considering the evolving COVID-19 situation, protecting the health and welfare of the community is of utmost concern. As such, the meeting will be held remotely, with board members, staff and applicants participating via online meeting venue.

The meeting will be livestreamed at:
https://youtube.com/c/boardoflandandnaturalresourcesdlnr

TESTIMONY:

Interested persons can submit written testimony in advance of each meeting that will be distributed to Board Members prior to the meeting. Written testimony must be submitted no later than 24 hours prior to the meeting to ensure time for Board Members to review it. Late written testimony will be retained as part of the record, but we cannot assure Board Members will receive it with sufficient time for review prior to decision-making. Submit written testimony to [email protected].

To provide live oral/video testimony during the online meeting, email your request to [email protected] at least 24 hours in advance, with your name, phone number, email address, computer identification name (check your device settings), and the agenda item on which you would like to testify. Once your request has been received, you will receive an email with the Zoom link via which to testify. You will need a computer with internet access, video camera and microphone to participate. If you require access by phone only, please indicate that in your email request. Testimony will be limited to a maximum of three (3) minutes per person per agenda item.

The Board may go into Executive Session pursuant to Section 92-5(a) (4), Hawaii Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.

Individuals requiring special assistance or auxiliary aids or services (i.e., sign language interpreter), please contact staff at least 72 hours prior to the meeting at 808.587.0404 so that arrangements can be made.

In some of the matters before the Board, a person may wish to request a contested case hearing. If such a request is made before the Board’s decision, then the Board will consider the request first – before considering the merits of the item before it. A person who wants a contested case may also wait until the Board decides the issue, then request the contested case after the decision. It is up to you. Any request must be made in writing within ten days. If no request for contested case is made, the Board will make a decision. The Department will treat the decision as final and proceed accordingly.

Update ….

6/8/21 – Item D-2 withdrawn

A. MINUTES

1. Request Approval of the April 9, 2021, BLNR Meeting Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Acceptance of a hearing master’s report, and Approval to set aside for Natural Area Reserve purposes to the Division of Forestry and Wildlife, approximately 300 acres as the Pia Natural Area Reserve, Tax Map Key: (1) 3-7-003: 003, O’ahu; and 0.75 acres as an extension to the Ka῾ena Point Natural Area Reserve, Tax Map Key: (1) 6-9-002: 012, O῾ahu;

and

Declaration of exemption from preparation of environmental assessment under HRS Chapter 343 and HAR Chapter 11.200.1 for proposed natural area reserve management of these parcels.

2. Request for approval and adoption of the Division of Forestry and Wildlife’s administrative sanctions schedule for the processing of Forestry and Wildlife resource violations. (Powerpoint)

D. LAND DIVISION

1. Issuance of Right-of-Entry Permits to the United States Department of Agriculture (USDA) Forest Service for the Forest Inventory and Analysis Project (FIA) on State Lands at six plot (sample site) locations at Kukalau, Hamakua, Hawaii, Tax Map Key: (3) 4-2-007:002, Kalopa, Hamakua, Hawaii, Tax Map Key: (3) 4-4-014:002, Kaohe, Hamakua, Hawaii, Tax Map Key: (3) 4-3-010:002, Mahuu, Puna, Hawaii, Tax Map Key: (3) 1-5-010:002, Keonepoke, Puna, Hawaii, Tax Map Key: (3) 1-5-008:001 and Puako, South Kohala, Hawaii, Tax Map Key: (3) 6-6-001:002.

2. Grant of Term, Non-Exclusive Easement to Linda Jasmine Locatelli Revocable Trust, Dated August 24, 1989, and Revised on August 5, 2015, for Access Purposes, Pahoehoe 2nd, South Kona, Hawaii, Tax Map Key: (3) 8-7-007: Portions of 019. (Withdrawn 6/8/21)

3. Consent to Mortgage and Request to Issue Estoppel Certificate, General Lease No. S-5954, Diamond Head Theatre, Lessee, Kaimuki, Honolulu, Oahu, Tax Map Key: (1) 3-2-030: 001.

E. STATE PARKS

1. Request Amendment to Extend and Authorize the Department of Land and Natural Resources, Division of State Parks to Directly Negotiate a Ten (10) Year Lease Extension with Camp Hale Koa Association, an Eleemosynary Organization, for Recreational Campground purposes at Lots 55, 56, 57, and 58 situated at Pu‘u ka Pele, Waimea, (Kona), Kaua‘i, Hawai‘i, Tax Map Key: (4) 1-4-002: 055.

The purpose of the amendment is to: extend the current lease set to expire on November 30, 2025, for an additional ten (10) years with an updated rental rate to be determined by an independent appraiser. [Testimony]

F. DIVISION OF AQUATIC RESOURCES

1. Request for Approval to Enter into a Federally Funded Memorandum of Agreement (MOA) ($104,000.00) For Goods and Services Between the Department of Health (DOH) and the Department of Land and Natural Resources (DLNR) to Support the Mission of the State’s Polluted Runoff Control Program.

2. Request for Authorization and Approval to issue a Papahānaumokuākea Marine National Monument Conservation and Management Permit to Dr. Michelle Barbieri Lino, NOAA Fisheries, Pacific Islands Fisheries Science Center, for Access to State Waters to Conduct Hawaiian Monk Seal Management and Recovery Activities, Inclusive of the Removal of Individual Sharks at French Frigate Shoals Displaying Predatory Behavior Towards Monk Seal Pups.

3. Request for Final Approval to Amend and Compile Chapter 13-34, Hawaii Administrative Rules, Pūpūkea Marine Life Conservation District; to Amend: § 13-34-1 (Boundaries) to Provide More Accurate GPS Coordinates and Boundary Descriptions; § 13-34-1.1 (Definitions) to Clarify and Update Definitions Including “Limu Lipeʻepeʻe”; § 13-34-2 (Prohibited Activities) to Prohibit the Feeding of Marine Life; § 13-34-3 (Permitted Activities) to § 13-34-4 (Exceptions; Permits) for Grammatical and Technical Amendments; § 13-34-5 (Penalty) to Clarify the Types of Penalties Authorized by Statute for Violations of this Chapter;

to Adopt § 13-34-6 (Asset Forfeiture) to Provide Notice of the State’s Authority to Utilize Civil Asset Forfeiture as an Enforcement Tool for Violations of This Chapter; Located at Pūpūkea, Koʻolauloa, O‘ahu, Hawaiʻi

The proposed rule amendments can be reviewed in person, by appointment only, at the Division of Aquatic Resources (DAR) office on Oahu at 1151 Punchbowl St. Room 330, Honolulu, Hawaii 96813 from 8:00 am to 3:30 pm, Monday through Friday, except Holidays. To schedule an appointment to review the proposed rules in person, email [email protected], or call (808) 587-0100.

The proposed rules, including a statement on the topic of the proposed rule amendment, can be reviewed online at: https://ltgov.hawaii.gov/the-office/administrative-rules/proposed-changes/.

The proposed rules can also be viewed online at: https://dlnr.hawaii.gov/dar/rules-and-public-notices/.

4. Request for Final Approval to Amend and Compile Hawaii Administrative Rules (HAR) Title 13 Chapter 74 to Increase the Commercial Marine License (CML) Fee for Non-Residents of Hawaii from $100 to $250 Per Year, to Provide Clarification on Baitfish Species Authorized for Take Under a Baitfish License, and to Remove Unnecessary Rule Language.

The proposed rules, including a statement on the topic of the proposed rule amendment, can be reviewed online at: https://ltgov.hawaii.gov/the-office/administrative-rules/proposed-changes/

The proposed rules can also be viewed online at: https://dlnr.hawaii.gov/dar/rules-and-public-notices/.

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Conservation District Use Application (CDUA) KA-3876. After the Fact Public Purpose Subdivision of Land for a Microwave and Radio Communication Site by State of Hawaiʻi-Department of Accounting and General Services on behalf of the Office of Enterprise Technology Services (ETS) located at Waimea Canyon State Park, Kauaʻi, Tax Map Key: (4) 1-2-001: 009.

M. OTHERS

1. Issuance of a Revocable Permit for a Commercial T-Hangar for Storage and Maintenance of Aircraft, Eastwest Avionics Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 020.

2. Issuance of a Revocable Permit for Storage and Warehouse for Fruit Export Operations, Hawaiian Sealife Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-004: 021 (Portion).

3. Issuance of a Revocable Permit for Aircraft Parking, Keith G. Johnston, Kalaeloa Airport, Tax Map Key: (1) 9-1-013: Portion of 032.

4. Issuance of a Revocable Permit for Aircraft Parking, Kevin Grosshandler, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 023.

5. Issuance of a Revocable Permit for Two Aircraft Parking, Lani Lea Sky Tours LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 023.

6. Issuance of a Revocable Permit for Construction Field Office, Rider Levett Bucknall Ltd., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 066 (Portion).

7. Issuance of a Revocable Permit for Ticketing Kiosks, Hawaiian Airlines, Inc., Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 226.

8. Issuance of a Revocable Permit for Baggage Make-up Area, Hawaiian Airlines, Inc., Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 019.