Department of Land and Natural Resources

Land Board Submittals – 01/13/23

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

DATE: January 13, 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 :

January 13, 2023

Dial: +1 (669) 900-6833
At the prompts, enter:
Meeting ID: 831 9688 2894 Passcode: 572511
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.

If you need auxiliary aids or services or other accommodation due to a disability, contact staff at least 72 hours prior to the meeting at 808.587.0404 or email [email protected] so that arrangements can be made. If a response is received after the 72-hour time, we will try to obtain the auxiliary aid/service or accommodation but cannot guarantee that the request will be fulfilled.- Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.

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.

A. MINUTES

Approval of the September 23, 2022, Summary Meeting Minutes.

C. FORESTRY AND WILDLIFE

1. Request Delegation of Authority to the Chairperson to Procure, Award, and Enter into Professional Service Consultant and Construction Contracts for Implementation of the Cooperative Agreement for Expanding Forest and Watershed Protection above Pearl Harbor, Oahu; and

Request Approval of Declaration of Exemption of Portions of the Project from Chapter 343, Hawaii Revised Statutes Request Approval to Initiate a Competitive Sealed Proposal.

2. Process and Authorize the Chairperson to Issue a Request for Proposals for Wildlife Acoustic Data Processing and Analysis collected by Division of Forestry and Wildlife in Hawai‘i; and
Requests Delegation of Authority to the Chairperson to Award, Execute a Multi-year Contract and Extend Agreements with Successful Providers.

3. Request for Adaptive Management measures by Formal Board action Pursuant to Section 183d-3(b), Hawaii Revised Statutes, to Temporarily Amend Hawaii Administrative Rules (HAR) Title 13 Chapter 123 – Rules Regulating Game Mammal Hunting, by Amending Exhibit 1 as referenced in HAR Sections 13-123-3 (Authorized Hunting), 13-123-4 (Bag Limits, Open Seasons, and Hunting days), 13-123-22 (Conditions and Restrictions), and 13-123-23 (Use of Tags), for Game Mammals to be Taken on the Island of Kaua‘i, to Change Open Hunting days in Unit F from Four days a week and State Holidays to Seven Days a week (Daily).

The proposed rule amendments can be reviewed in person, by appointment only, at the Division of Forestry and Wildlife (DOFAW) office on Oahu at 1151 Punchbowl St. Room 325, 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] .
The proposed rules, including a statement on the topic of the proposed rules, can be reviewed online at: https://dlnr.hawaii.gov/dofaw/files/2022/11/Final-Adaptive-Management-Proposed-Rule-Changes-for-Unit-I_D_F.pdf and https://dlnr.hawaii.gov/dofaw/rules/.
Publication notice of rulemaking was made in the Honolulu Star-Advertiser, West Hawaii Today, Hawaii Tribune, and Garden Island on November 20th, 2022.

4. Request for Adaptive Management measures by Formal Board Action Pursuant to Section 183d-3(b), Hawaii Revised Statutes, to Temporarily Amend Hawaii Administrative Rules (HAR), Title 13 Chapter 123 – Rules Regulating Game Mammal Hunting, by Amending Exhibit 11 as referenced in HAR Sections 13-123-3 (Authorized Hunting), 13-123-4 (Bag Limits, Open Seasons, and Hunting days), 13-123-22 (Conditions and Restrictions), and 13-123-23 (Use of Tags) for Game Mammals to be taken on the Island of Hawai‘i, to Change Bag Limits and Open Hunting Periods in Unit D at Keauohana Forest Reserve and Unit I at Nānāwale Forest Reserve and Malama kī Forest Reserve, in the Puna District on Hawai‘i Island, from a Bag Limit of Two Pigs per Hunter per day to Four Pigs per Hunter per day, and Open Hunting from Weekends and State Holidays to Daily.

[Testimony]

D. LAND DIVISION

1. Grant of Term, Non-Exclusive Easement to Rhoda L. Libre for Access and Utility Purposes, Waimea Valley, Waimea, Kauai, Tax Map Key: (4) 1-5-002:045 por.

2. Consent to Assign Grant of Easement for Drainage Purposes, LOD S-27608, from Alexander & Baldwin, LLC to Iwado Realty LLC and Mauoni LLC; Kahului, Maui, Tax Map Key (2) 3-7-011: seaward of 013; and
Amend LOD S-27608 to 1) allow the easement to “Run with the Land,” and be assignable without the written consent of the Board of Land and Natural Resources, and 2) update the minimum liability insurance required under the easement to $1,000,000.00 for each occurrence and $2,000,000.00 aggregate.

3. Issuance of Right-of-Entry Permit to Hawaii Amateur Surfing Association, for an Amateur Two (2) Day Surf Event at Lipoa Point, Honolua, Lahaina, Maui, Tax Map Key: (2) 4-1-001: Portion of 010.

M. OTHERS

1. Issuance of a Revocable Permit for a Preferential Hold Room Located at Gate E4, Central Concourse, Terminal 2, Alaska Airlines, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 050.

2. Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of an Aircraft, Flying Dutchman LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 020.

3. Issuance of a Revocable Permit for Office Spaces to Support its Porter Service Operations, G2 Secure Staff, L.L.C, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 042 and (1) 1-1-003: Portion of 059 .

4. Issuance of a Revocable Permit for Office and Employee Break Room Space to be Used to Provide Aviation Contract Services to Various Airlines, Pacific Aviation LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.

5. Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of an Aircraft, Pawsum Aviation Services LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 021.