Land Board Submittals – 09/27/24
AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: September 27, 2024
TIME: 9:00 A.M.
PLACE: DLNR Boardroom, Kalanimoku Bldg. 1151 Punchbowl St. 1st Floor Room 132/ & Online via Zoom
Meeting ID: 869 0853 7767
ZOOM LINK: https://us06web.zoom.us/j/86908537767
LIVE STREAM: https://www.youtube.com/live/Y_A-f6lCQe8
The agenda and the listed submittals will be provided in the Board Packet.
This meeting will be held using interactive conference technology under section 92-3.7, Haw. Rev. Stat. (HRS). Board members, staff, applicants, testifiers, and the public can choose to participate in person, online via Zoom, or by telephone. The public may also view the live meeting via its live stream at: https://www.youtube.com/live/Y_A-f6lCQe8
To Provide Written Testimony
We encourage interested persons to submit written testimony in advance of the meeting, which will be distributed to Board members prior to the meeting and allow a timely review. Please submit written testimony via email to: [email protected]. Written testimonies can also be mailed to: P.O. Box 621, Honolulu, Hawaii 96809. Written testimonies may be posted upon the Board of Land and Natural Resources meeting website; as a precaution, please be mindful with any personal information prior to submitting unless you intend it to be shared. Late written testimony will be retained as part of the record and distributed to Board members as soon as practicable, but we cannot ensure the Board will receive it in sufficient time to review, prior to decision-making.
To Provide In-Person Oral Testimony (masks are highly encouraged)
Attend in-person at: 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii.
To Provide Testimony by Telephone
On the day of the meeting at the start of the agenda item you wish to testify on, dial 1-669-444-9171 (Zoom); input the meeting ID: 869 0853 7767 and follow the prompts.
To Provide Video/Zoom Testimony
Please send your request in a timely manner to: [email protected] with your information, email address, and the agenda item you wish to testify on. Once your request has been received, you will receive a confirmation email with pertinent information. You may testify without signing up in advance.
We kindly ask that all oral/video testimony be limited to not more than three (3) minutes. We ask that you identify yourself and any affiliation before speaking, but you can choose not to do so.
The Board may go into Executive Session pursuant to section 92-5(a)(4), HRS, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
If you need an auxiliary aid/service or other accommodation due to a disability, please contact, BLNR Secretary, at 808.587.0404 or [email protected] as soon as possible. Requests made as early as possible have a greater likelihood of being fulfilled. Upon request, this agenda and other materials are available in alternate/accessible formats.
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 but before the close of the board meeting. It is up to you. Any request must also be made in writing within ten calendar 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.
Update …
- Item D-12 is Withdrawn (9/26/24)
A. MINUTES
1. Approval of August 9, 2024, Summary Meeting Minutes
2. Approval of August 23, 2024, Summary Meeting Minutes
C. DIVISION OF FORESTRY AND WILDLIFE
1. Issuance of a Right of Entry permit for design and construction to the National Oceanic and Atmospheric Administration for repair of the Mauna Loa observatory access road Tax Map Key (3) 3-8-001: Portion of 001, Hilo, North Hilo, Hawaii;
and
Request approval of a declaration of Exemption from Requirements preparation of environmental assessment under Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawai’i Administrative Rules.
D. LAND DIVISION
1. Intentionally Left Blank.
2. Intentionally Left Blank.
8. Termination of Revocable Permit No. S-7915 to Resorttrust Hawaii, LLC; Issuance of Revocable Permit to Resorttrust Hawaii, LLC for Maintenance and Landscaping Purposes; Waialae, Honolulu, Oahu, Tax Map Key: (1) 3-5-023: portions of 041 and seaward. [Testimony – 9/23, 9/26]
10. Consent to Extension and Amendment of Sub-sublease, After-the-Fact, under General Lease No. S-5474, Waikoloa Beach Association, Lessee, Global Resort Partners, Sublessee, and Hawaii Nautical Inc., Sub-sublessee, Anaehoomalu Bay, South Kohala, Hawaii, Tax Map Key (3) 6-9-007: seaward of 011. [Additional Doc]
11. Annual Renewal of Revocable Permits in Maui County. See Exhibit 2 for list of Revocable Permits. [Additional Doc]
12. Decision Making Regarding:
(1) Approval of the issuance of a water license covering the diversion of public surface water not to exceed an amount of 85.23 million gallons per day from Koolau Forest Reserve, Island of Maui, Hawai`i (“proposed License” or “License”), attached as Exhibit A;
(2) Staff’s recommendation to hold a contested case hearing over the issuance of water license covering the diversion of public surface water not to exceed an amount of 85.23 million gallons per day from Koolau Forest Reserve, Island of Maui, Hawai`i; and
(3) Staff’s recommendation to include in the contested case hearing relevant issues not previously adjudicated from the Revocable Permits S-7263 (for Honomanu), S-7264 (for Huelo) and S-7265 (for Keanae), and S-7266 (for Nahiku), Tax Map Keys (2) 1-1-001:044 and 050, 1-1-002:por. 002, 1-2-004:005 & 007, 2-9-014:001, 005, 011, 012 & 017, to Alexander & Baldwin, Inc. and East Maui Irrigation Company, Limited, (collectively the “Permittee”) for water use on the Island of Maui.
Pursuant to Section 92-5(a) (4), Hawaii Revised Statutes (HRS), the Board may go into Executive Session in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities and liabilities.
F. DIVISION OF AQUATIC RESOURCES
1. Request for Approval to Hold Public Hearings on Amendments to and Compilation of Hawaii Administrative Rules Title 13, Chapter 60.4, “West Hawai‘i Regional Fishery Management Area, Hawai‘i,” to: Establish a Moratorium on the Taking of Pāku‘iku‘i Through 2026; Establish a Pākuʻikuʻi Fisher Registration Requirement with Registration Terms and Conditions for Any Take of Pākuʻikuʻi, Including Mandatory Pākuʻikuʻi Catch Reporting, Through 2036; Establish a Bag Limit of Four Pāku‘iku‘i per Person per Day Through 2036; and Make Other Non-Substantive Amendments for Clarity and Consistency with Other Chapters”
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/proposedchanges/.
The proposed rules can also be viewed online at: http://dlnr.hawaii.gov/dar/rules-and-public-notices/.
J. DIVISION OF BOATING AND OCEAN RECREATION
The proposed rule amendment can be reviewed in person at the Division of Boating and Ocean Recreation (DOBOR) District Offices from 8:00 am to 3:30 pm, Monday through Friday, except state holidays.
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/dobor/draft-rules.
Location and contact information for DOBOR District Offices is available online at: https://dlnr.hawaii.gov/dobor/contact.
2. Intentionally Left Blank
4. Issuance of a Revocable Permit to Waimanalo Canoe Club Inc. for Storage of Hawaiian Outrigger Canoes on unencumbered state shoreline on Kaneohe Beach Park, Kaneohe, Island of Oahu, Hawaii, Seaward of Tax Map Key: (1) 4-5-006:001; And
Declare Project Exempt from Requirements of Preparation of Environmental Assessment under Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawaii Administrative Rules
K. OFFICE OF CONSERVATION AND COASTAL LANDS
The Board may go into Executive Session pursuant to Section 92-5(a)(4), Hawai‘i Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
[Testimony – 9/25]