Department of Land and Natural Resources

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

DATE:             April 25, 2025

          TIME:              9:00 A.M.

PLACE:           DLNR Boardroom, Kalanimoku Bldg. 1151 Punchbowl St. 1st Floor Room 132/ & Online via Zoom

Meeting ID: 828 9714 5343
ZOOM LINK: https://us06web.zoom.us/j/82897145343
LIVE STREAM: https://www.youtube.com/live/kh8w-mV4vpg

 

This 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/kh8w-mV4vpg

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: blnr.testimony@hawaii.gov. 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 1-719-359-4580 (Zoom); input the meeting ID:  828 9714 5343 and follow the prompts.

To Provide Video/Zoom Testimony
Please send your request in a timely manner to: blnr.testimony@hawaii.gov 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 two (2) minutes. We ask that you identify yourself and any affiliation before speaking, but you can choose not to do so.

If you need an auxiliary aid/service or other accommodation due to a disability, please contact, BLNR Secretary, at 808.587.0404 or blnr.testimony@hawaii.gov 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.

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.

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.

 

A. MINUTES

1. Approval of March 28, 2025 Summary Minutes
2. Approval of April 11, 2025 Summary Minutes

C. DIVISION OF FORESTRY AND WILDLIFE

1. (1) Approve five grants of available funds from the Fiscal Year 2025 Land Conservation fund for the acquisition of interests and rights in specific parcels of land having value as a resource to the State (total area approximately 2,711 acres), subject to standard conditions and special conditions, including contingencies for redistributing unaccepted, non-encumbered, or unexpended funds from a Fiscal Year 2025 grant award to one or more other Fiscal Year 2025 grant awards approved for initial, partial funding (C, D, and E below):

A. North Shore Community Land Trust, up to $3,000,000 (full funding) for the acquisition of approximately 170.913 acres at District of Ko‘olauloa, Island of O‘ahu (Ke Kīpuka o Kalaeuila), Tax Map Key numbers (1) 5-6-003:011, :019, :020, :021, :022, :023, :024, :026, :030, :031, :046, and :049, with a conservation easement held by the City & County of Honolulu or other suitable entities, and a special condition concerning Tax Map Key number (1) 5-6-003:049.

B. The Nature Conservancy, up to $2,000,000 (full funding) for the acquisition of approximately 1,916.058 acres at District of Ka‘ū, Island of Hawai‘i (Hīlea), tax map key number (3) 9-5-018:001, with a grant of exemption for any easement required pursuant to Section 173a-4, Hawaii Revised Statutes.

C. Makahanaloa Fishing Association, up to $4,704,750 (with initial, partial funding of up to $1,000,000) for the acquisition of approximately 81.19 acres at District of South Hilo, Island of Hawai’i (Kawainui Makai), Tax Map Key numbers (3) 2-7-010:027 and (3) 2-7-011:001, with a conservation easement held by the County of Hawai‘i or other suitable entities.

D. Ho’āla Kealakekua Nui, INC., up to $1,000,000 (with initial, partial funding of up to $700,000) for the acquisition of approximately 1.26 acres at District of Kona, Island of Hawai‘i (Kōkua Kealakekua), Tax Map Key numbers (3) 8-1-009:007 and :008, with a conservation easement held by the County of Hawai‘i or other suitable entities.

E. DLNR-Division of Forestry and Wildlife, up to $3,310,000 (with initial, partial funding of up to $300,000) for the acquisition of approximately 542 acres at Ko‘olau, District of Hāna, Island of Maui (East Maui Coastal Forest), Tax Map Key numbers (2) 1-2-001:001 (por.), :027, and :045 and (2) 1-2-003:002 and :018, with a grant of exemption for any easement required pursuant to Section 173a-4, Hawaii Revised Statutes.

(2) For each grant approved under item (1) above, exempt the award of state funds from the requirement to prepare an Environmental Assessment, under Chapter 343 Hawaii Revised Statutes and Chapter 11-200.1, Hawaii Administrative Rules.

(3) Delegate authority to the Chairperson to approve one or more suitable entities to hold a conservation easement over a property that the Board approves for acquisition by way of the Land Conservation Fund whenever (a) Board approval includes a requirement for conveyance of a conservation easement to a suitable entity, and (a) a suitable entity, other than that specifically identified in the Board’s approval, is needed to complete the approved conservation transaction.

(4) Authorize the Department to proceed with all due diligence and negotiations necessary to carry out the Fiscal Year 2025 Legacy Land Conservation program grants and acquisitions approved by the Board and the Governor.

[Testimony – 04/23, 4/24]

 

D. LAND DIVISION

1. Issuance of Right-of-Entry Permit to Kaikeha, Inc. for 7th Annual Garden Island Boogie Board Classic, Prince Kuhio Beach, and Centers Surf Breaks Poipu, Koloa, Kauai, Tax Map Key: (4) 2-6-005: seaward of 026 and (4) 2-6-005: seaward of 010.

2. After-the-Fact Consent to Sublease under General Lease No. S-4308, KAR Property, LLC, Lessee, to Keone Smith dba HK Landscaping Clearing, Sublessee, Lot 4, Hilo Industrial Development, Pohaku Street Section, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-058:002.

3. Issuance of Right-of-Entry Permit to State of Hawaiʻi, Department of Defense for Due Diligence Purposes for State Veterans Home, Pulehunui, Maui, Tax Map Key: (2) 3-8-008:038 (por.).

4. Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to Association of Apartment Owners of Paki Maui for Seawall, Stairs, and Metal Railing; Grant of 60-Day Right-of-Entry to Association of Apartment Owners of Paki Maui for Removal of Unauthorized Stairs, Wailuku, Maui, Tax Map Key: (2) 4-4-001: seaward of 050 and 051.

5. Issuance of Right-of-Entry Permit to Hawaii Explosives & Pyrotechnics, Inc. for Aerial Fireworks Display at Duke Kahanamoku Beach Every Friday from June 6, 2025 through May 29, 2026, Waikiki, Honolulu, Oahu, TMK: (1) 2-3-037: portion of 021. [Testimony – 4/22]

6. Issuance of Right-of-Entry Permit to Hawaii Explosives & Pyrotechnics, Inc. for Private Event Aerial Fireworks Display at Duke Kahanamoku Lagoon on Wednesday, May 14, 2025, Waikiki, Honolulu, Oahu, Tax Map Key: (1) 2-3-037: portion of 021.

7. Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to AJ Beach LLC and JB Beachside LLC, for Seawall and Filled Land, Wailupe, Honolulu, Oahu, Identified as TMK: (1) 3-6-002: seaward of 009.

8. Issuance of Right-of-Entry Permit to Bumper Productions LLC, for Film Production, Kawailoa, Waialua, Oahu: TMK: (1) 6-2-001: seaward of 001. [Testimony – 4/24, 4/24, 4/25]

9. Cancellation of Governor’s Executive Order No. 3399 and Reset Aside to Department of Education, Hawaii State Public Library System for Library and Educational Purposes, Wahiawa, Waialua, Oahu, Tax Map Key: (1) 7-4-004:070.

F. DIVISION OF AQUATIC RESOURCES

1. Request Approval to Add Funding and Extend Through September 30, 2026, an Existing Federally Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Investigation of Estuarine Habitats.”

2. Request Approval to Add Funding and Extend Through September 30, 2026 an Existing Federally Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Statewide Marine Resources Assessment.” [Testimony – 4/22]

3. Request Approval to Add Funding and Extend Through September 30, 2026 an Existing Federally-Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Hawaii Marine Recreational Fishing Survey.”

4. Request Approval for a Federally Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Community-Based Monitoring Hui Expansion.”

5. Request Approval for a Federally Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Waiakea Public Fishing Area (PFA) Fishery Monitoring and Enhancement.”

6. Request for Authorization and Approval to Issue a Papahānaumokuākea Marine National Monument Native Hawaiian Practices Permit Renewal to Pelika Andrade, Nā Maka Onaona (Formerly Nā Maka o Papahānaumokuākea) and the University of Hawai‘i at Mānoa, for Access to State Waters to use Traditional Ecological Knowledge to Conduct Intertidal Surveys and Monitoring to Advise and Direct Management Strategies for Intertidal Fisheries Activities at Nihoa.

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Issuance of a Revocable Permit to Honolulu Transpac, Ltd., for Temporary Support Areas and Mooring Sites, for the 2025 Transpacific Yacht Race from Los Angeles, California to Honolulu, Hawaii, Situated at Ala Wai Small Boat Harbor, Tax Map Key: (1) 2-3-037:012 (Portion); And
Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules.

2. Issuance of Revocable Permit to Cates Marine Services, LLC for Equipment Staging, Storage, Mooring of Vessels, Marine Salvage and Aquaculture purposes including Coral Propagation, Situated at Keehi Small Boat Harbor, Kalihi-Kai, Honolulu, Oahu, Hawaii, Tax Map Key: (1) 1-2-025:022 (por.), 023 (por.), 032 (por.), 038 (por.) and 043; And
Declare Project Exempt from Environmental Assessment Requirements of Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Testimony – 4/24, 4/25]

3. Approve Mediated Settlement of Rental Reopening Dispute Commencing Retroactively on July 30, 2024, and ending July 29, 2034; for Boating Lease No. B-99-1, Waikiki Yacht Club, Lessee, Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Tax Map: (1) 2-3-037:006 and portion of :012. [Testimony – 4/24]

4. Consent to Sublease under Harbor Lease No. H-82-4, GKM, Inc., Lessee, to Harbor House Kona, LLC dba Harbor House, Sublessee, Kealakehe, Kona, Hawaiʻi, Tax Map Key: (3) 7-4-008:042.

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Second Time Extension Request for Conservation District Use Permit (CDUP) OA-3858 for the Ala Moana Park Beach Restoration Project by the City and County of Honolulu, Dept. of Design & Construction located in Honolulu, Hawaiʻi, Tax Map Key (TMK): at and makai of (1) 2-3-037:001 & 025.