Department of Land and Natural Resources

Land Board Submittals – 06/09/23

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

DATE: June 9, 2023

TIME: 9:15 A.M.

LOCATION: In person at 1151 Punchbowl St. Room 132
(Kalanimoku Building),
Online via ZOOM, Livestream via YouTube

Board members, staff, applicants, and testifiers can choose to participate either in-person, via ZOOM or by telephone. Members of the public are encouraged to wear a mask if attending in-person.

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

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

To provide in person testimony (Please wear a mask):
Attend live at 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii

To provide video testimony:
Send your request to [email protected]
Include your name 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. Requests may be made during the meeting.

To provide oral testimony by telephone please text (808) 296-1197 and identify the Item you wish to provide testimony on prior to calling in (this will allow identification when you are placed in the ZOOM waiting room :

June 9, 2023

Dial: +1 669 444-9171
At the prompts, enter:
Meeting ID: 881 2718 2642
Note: To unmute, press *6.

We ask that members of the public testifying on agenda items limit your testimony to three minutes so that we can get to everyone.

Written Testimony:

Interested persons can submit written testimony in advance of each meeting that will be distributed to Board Members prior to the meeting. Submit written testimony to [email protected] or via postal mail to the Board of Land and Natural Resources at P.O. Box 621, Honolulu, Hawaii 96809. We request written testimony be submitted no later than 24 hours prior to the meeting to ensure time for Board Member review. Late written testimony will be retained as part of the record and distributed to Board Members as soon as practicable, but we cannot ensure that Board Members will receive it with sufficient time for review prior to decision-making.

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 ( e.g., 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.

NOTE: Agenda Items may be taken out of order as a move-up item.

UPDATE …

Item C-1 – Withdrawn [06/02/23]
Item F-3 – Withdrawn [06/06/23]
Item C-2 – Withdrawn [06/07/23]
Item D-7 – Withdrawn [06/08/23]

A. SUMMARY MEETING MINUTES

1. Approval of the February 24, 2023, Summary Minutes.

2. Approval of the March 10, 2023, Summary Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Acceptance of Hearing Master’s Report and Approval and Recommendation to the Governor for Issuance of an Executive Order to Set aside Existing Unencumbered State Lands at ‘Īlio Point, Moloka’i, Tax Map Key: (2) 5-1-002:006 to the Department of Land and Natural Resources, Division of Forestry and Wildlife; and

~~Issuance of an immediate Management Right-of-Entry to the Division of Forestry and Wildlife, Tax Map Key: (2) 5-1-002:006; and~~

Request to Close ‘Īlio Point, located at Tax Map Key: (2) 5-1-002:006, to the Public pursuant to Hawai‘i Administrative Rules § 13-209-4.5 for Public Safety Purposes, Effective upon Designation of the Public Lands as a Natural Area Reserve by the Governor for a Term of Two-years. [Withdrawn – 06/02/23]

2. Request Approval of the Acquisition of Private Lands and the Issuance of a Management Right-of-Entry to the Division of Forestry and Wildlife at Mākolelau, Kona District, Moloka’i, Tax Map Key: (2) 5-5-001:015. [Testimony] [Withdrawn – 06/07/23]

3. Request Approval to Authorize the Chairperson to sign a Notice of Federal Participation form required by U.S Fish and Wildlife Service to be recorded with the Purchase of Property in Mahukona, North Kohala District, Hawai‘i Island, Tax Map Keys: (3) 5-7-003:002, (3) 5-7-003:003, (3) 5-7-003:010, (3) 5-7-002:011, (3) 5-7-003:001, (3) 5-7-003:018, (3) 5-7-003:007, (3) 5-7-003:008, (3) 5-7-002:027, (3) 5-7-002:036, and (3) 5-7-002:037, under Subgrant Agreement between the State of Hawai‘i, Department of Land and Natural Resources, Division of Forestry and Wildlife, and Hawai’i Land Trust.

D. LAND DIVISION

1. Issuance of Right-of-Entry Permit to MC&A, Inc., for One-Day Team Building Event Purposes, Wailea, Honua‘ula, Maui; Tax Map Key: (2) 2-1-023: Seaward of 007.

2. Issuance of Right-of-Entry Permit for Ten (10) total Days to O‘ahu Hawaiian Canoe Racing Association Hawaii for the Hawaiian Airlines Moloka‘i Hoe Long Distance Canoe Race Event to Take Place Over Two Days Each Year in October 2023, October 2024, October 2025, October 2026, and October 2027, at Waikīkī, Honolulu, O‘ahu, Tax Map Key: (1) 2-3-037: portion of 021. [Testimony]

3. Issuance of Right-of-Entry Permit for One (1) Day to O‘ahu Hawaiian Canoe Racing Association Hawaii for the Duke Kahanamoku Men’s Long Distance Canoe Race Event to Take Place on August 20, 2023, at Waikīkī, Honolulu, O‘ahu, Tax Map Key: (1) 2-3-037: portion of 021. [Exemption]

4. Issuance of Right-of-Entry Permit for One (1) Day to Waikiki Roughwater Swim Committee, Inc. for the 52nd Annual Waikiki Roughwater Swim Finish Line Area on September 4, 2023, at Waikīkī, Honolulu, O‘ahu, Tax Map Key: (1) 2-3-037: portion of 021.

5. Amend Prior Board Action of March 23, 2018, (Item D-5), Grant of Perpetual, Non-Exclusive Easement and Issuance of Construction Right-of-Entry Permit to Hawaiian Electric Company, Inc. for Utility Purposes; Mutual Cancellation of Perpetual Easement recorded as Liber 4170, page 220; Consent to the Disposition between the City and County of Honolulu and Hawaiian Electric Company, Inc. over the Lands under Governor’s Executive Order No. 569 for Staging Areas; Waikīkī , Honolulu, O‘ahu, Tax Map Keys: (1) 2-7-036:001, 007, and portions of Ala Wai Canal.

This amendment is to note Governor’s Executive Order No. 2036 to the City and County of Honolulu as an additional encumbrance on the land over which the easement is requested.

6. Issuance of Right-of-Entry Permit for One (1) Day to Oahu Pentathlon LLC for the Oahu Pentathlon Swim, Run, Paddle, Bike, Ruck, and Bike Race Event to Take Place On August 26, 2023, at Castles Beach, Kailua, O‘ahu, Tax Map Key: (1) 4-3-083: seaward of 016 and Laniloa/ Clissold’s Beach, Lā‘ie, O‘ahu, Tax Map Key: (1) 5-5-002: seaward of 061.

7. Termination of Right-of-Entry Permit No. 4519 issued to the City and County of Honolulu for Homeless Outreach and Navigation for Unsheltered Person Program Purposes; Cancellation of Governor’s Executive Order No. 3461 and Reset Aside to the Hawaii Public Housing Authority or other governmental agency specified by the Office of the State Homelessness Coordinator for Temporary Transitional Housing Site Purposes, Kahauiki, Honolulu, Oahu, Tax Map Key: (1) 1-1-006:003. [Withdrawn – 06/08/23]

E. DIVISION OF STATE PARKS

1. Amend Prior Board Action of June 9. 2022, Item E-1, Twenty (20) Year Extension of General Lease SP0006 Hawai’i Nature Center, Inc. at Makiki Valley State Recreation Area, Honolulu, O’ahu, Hawai’i, Tax Map Key: (1) 2-5-019:008 Portion to fix typographic errors; and

Amendment of General Lease No. S-97-01 Hawai’i Nature Center, Inc. for the reduction of the leased area and the proposed removal of the condition requiring the living accommodation and open and closing of the Park’s gate.

F. DIVISION OF AQUATIC RESOURCES

1. Request for Approval of a Special Activity Permit (SAP 2024-27) for Chris Kiser, Ecoharvest Hawaii LLC, Project Coordinator, to Collect and Possess Regulated Organisms (Yellow Tang and Potter’s Angelfish), Using Regulated Gear (Small Meshed Nets; < 2 Inches Stretched Mesh), in the Regulated Area within the West Hawai‘i Regional Fishery Management Area (WHRFMA) on Hawai‘i Island, for the Purpose of Researching Propagation/Aquaculture Techniques (for Aquarium Purposes*).

2. Request for Approval to Hold Public Hearings on Proposed Adoption of a New Chapter under Hawaii Administrative Rules as Title 13, Chapter 13-78, “Ocean Stewardship User Fee” to Establish Provisions for the Ocean Stewardship User Fee Pursuant to Section 187A-52, Hawaii Revised Statutes, Including a Due Date for the Fees to be Submitted to the Department, Reporting Requirements for Commercial Operators, Record Keeping Requirements for Commercial Operators, and Applicable Penalties for Violations of the Chapter.

The proposed rule amendments can be reviewed in person, by appointment only, at the Division of Aquatic Resources (DAR) office on O‘ahu at 1151 Punchbowl St. Room 330, Honolulu, Hawai‘i 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].

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

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

3. Request for Approval to Hold Public Hearings to Adopt a New Chapter as Hawaii Administrative Rules, Title 13, Chapter 60.11, “Kīpahulu Community-Based Subsistence Fishing Area, Maui,” (Kīpahulu CBSFA) to: Outline the Purpose of the Kīpahulu CBSFA and Its Subzones, to Provide Definitions for Key Terms Throughout the Chapter; Establish and Delineate the Boundaries for the Kīpahulu CBSFA and the Kukui Bay Sanctuary and ‘Opihi Rest Area Subzones; Prescribe the Permitted and Prohibited Activities Within the Kīpahulu CBSFA, Including Restrictions on Take and/or Possession of Akule, ‘Ōmilu, Kala, Kole, Moi, ‘Opihi, Ula (Spiny Lobsters) and Ula Pāpapa (Slipper Lobsters), ‘Alakuma (7-11 Crab), and Native Limu Species, Restrictions on the Use of Gill Nets for Surround Net Fishing, Bag Nets, Throw Nets, and Fishing Poles, Lines, and Hooks, Prohibitions on Taking Marine Life With SCUBA gear, Night Diving, Taking ‘Opihi Within the ‘Opihi Rest Area Subzone, and Taking of Any Marine Life Within the Kukui Bay Sanctuary; Recognize that native Hawaiian Traditional and Customary Rights Recognized by the Hawai‘i State Constitution Shall Not Be Abridged; Carve Out an Exception for Vessels With Restricted Species or Gear in Active Transit Through the Kīpahulu CBSFA, to Establish the Administrative and Criminal Penalties for Violations of This Chapter, and to Recognize the States Asset Forfeiture Authority.

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, Hawai‘i 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].

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

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

[Withdrawn – 06/06/23]

4. Request for Approval to Enter Into a Memorandum of Agreement Between the State of Hawai‘i Department of Land and Natural Resources, Division of Aquatic Resources, and the Arizona Board of Regents, on Behalf of Arizona State University and its Center for Global Discovery and Conservation Science, Regarding the Management of the Ridge to Reef Restoration Center, Located at the Hawai‘i Ocean Science and Technology Park, Hawai‘i Island.

And

To Authorize the Chairperson to Amend, Finalize, and Execute this Memorandum of Agreement Subject to Approval as to Form by the Department of the Attorney General.

And

To Delegate Authority to the Chairperson to Enter Into, Amend, Finalize, and Execute Future Non-Binding Memorandums of Agreement and Memorandums of Understanding Between the Hawai‘i Department of Land and Natural Resources’ Division of Aquatic Resources and other Federal, State, and Municipal Agencies, for the Purposes of Environmental Restoration, Propagation, or Natural Resource Protection, Without Formal Board Approval.

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Issuance of Right-of-Entry Permit to Hawaiian International Billfish Association for the Inaugural 4 Flags 30 Pound Billfish Tournament and the 61st Annual Hawaiian International Billfish Tournament, Situated at Kailua-Kona Pier, Lanihau, North Kona, Island of Hawaii, Hawaii, Tax Map Key: (3) 7-5-006:039 (por): and

Declare Project Exempt from Requirements of Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Exemption Notification]

2. Authorize Retroactive Rent Adjustment for Revocable Permit 133 (RP 133) to Pacific Biodiesel Technologies, LLC, from July to October 2022, Maalaea Small Boat Harbor Maalaea, Waikapu, Wailuku, Maui Tax Map Key: (2) 3-6-001:002 (por).

3. NON-ACTION ITEM: Informational Briefing on DOBOR’s Strategy for Conversion of Revocable Permits to Long-Term Dispositions Statewide.