Land Board Submittals – 05/26/23
AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: May 26, 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 :
| May 26, 2023 |
| Dial: +1 669 444-9171 At the prompts, enter: Meeting ID: 874 5641 0875 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.
C. DIVISION OF FORESTRY AND WILDLIFE
1. Request the Approval of an Acquisition of a Perpetual Conservation Easement by the Division of Forestry and Wildlife, Kealakekua, South Kona, Island of Hawaii Tax Map Keys (3) 7-9-001:013, 014; and 015 (por). [Testimony]
D. LAND DIVISION
S-4130, Humuula, North Hilo, Hawaii, Tax Map Key: (3) 3-9-002: pors.;
S-4223, Mount Kaala, Mokuleia, Waialua, Oahu, Tax Map Key: (1) 6-7-003: pors.;
S-4588, Kalawahine and Opu, Honolulu, Oahu, Tax Map Key: (1) 2-5-019: pors.; and
S-4614, Humuula, North Hilo, Hawaii, Tax Map Key: (3) 3-8-001: por. 1 & 10
7. Issuance of Right-of-Entry Permit for Sixty (60) Days to Jewell Tuitele for Removal of Rock Wall Encroachment from State Submerged Land at Kaneohe, Koolaupoko, Oahu; Tax Map Key: (1) 4-5-007: seaward of 032. [Testimony]
F. DIVISION OF AQUATIC RESOURCES
1. Request to Hold Public Hearings on Proposed Amendments to and Compilation of Chapter 13-74, Hawaii Administrative Rules, “License and Permit Provisions and Fees for Fishing, Fish, and Fish Products,” to Add New Definitions for “Baitfish,” “Baitfishing Report,” “Catch Report,” “Commercial Marine Vessel License,” “Fishing Activities,” “License Period,” “Main Hawaiian Islands,” “Nonresident,” “Permittee,” and “Qualified Aquaculturist,” Remove the Definitions for “Board” and “Northwestern Hawaiian Islands,” Amend the Definition for “Resident,” Clarify that Licenses and Permits are Non-Refundable, Clarify the Administrative Penalty Schedule for Violations of the Chapter, Add Asset Forfeiture as an Administrative Enforcement Tool Within the Chapter, Establish and Add Provisions for a New Nonresident Recreational Marine Fishing License (NRMFL) Pursuant to Section 188-72, Hawaii Revised Statutes (HRS), Establish and Add Provisions for a New Commercial Marine Vessel License (CMVL) Pursuant to HRS §189-2, Add an Exception for CMVL Holders to the Commercial Marine License Requirements, Remove the Northwestern Hawaiian Islands Fishing Permit, Increase the Fee for the Bait License, the Mullet Pond Operator and Closed Season Sales License, the Kona Crab and Lobster Closed Season Sales License, the Special Marine Animal or Product Possession and Sale License, and the Aquaculture License from $50.00 to $100.00, Establish a Fee for Duplicate Aquaculture Licenses and Licenses to Sell Reared Species, Add a Catch Reporting Requirement for All Bait License Holders, Give the Department Discretion to Require Additional Reports From Aquaculture License holders, Establish a Fee of $200 for a License to Sell Reared Species, Establish and Add Provisions for a New Commercial Marine Dealer License Pursuant to HRS §189-10, and Other Non-Substantive Housekeeping Amendments for Clarity and Consistency With Other Chapters. [Testimony]
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/.
2. The proposed rules can also be viewed online at: http://dlnr.hawaii.gov/dar/rules-and-public-notices/. Non-Action Item: Informational Briefing on Proposal to Adopt a New Chapter Under Hawaii Administrative Rules (HAR) as Title 13, Chapter 13-78, “Ocean Stewardship User Fee” [Testimony]
3. Non-Action Item: Briefing on Proposed Adoption of a New Chapter, Chapter 13-60.11, Hawaii Administrative Rules, “Kīpahulu Community-Based Subsistence Fishing Area, Maui”. [HAR 13-60.11 Kīpahulu CBSFA Powerpoint] [Kīpahulu CBSFA] [Testimony]
4. Non-Action Item: Joint Division of Aquatic Resources (DAR) & Division of Boating and Ocean Recreation (DOBOR) Informational Briefing on the Proposed Amendment and Compilation of Hawaii Administrative Rules (HAR) Chapters 13-31, “Molokini Shoal Marine Life Conservation District, Maui,” and 13-257, “Day-Use Mooring Rules”. [Testimony]
G. BUREAU OF CONVEYANCES
J. DIVISION OF BOATING AND OCEAN RECREATION
K. OFFICE OF CONSERVATION AND COASTAL LANDS
1. Non-Action Item: Informational Briefing for Conservation District Application (CDUA) OA-3913. Diamond Head Breakwater Safety Project [Testimony]
M. OTHERS