New & Noteworthy: NWHI Sanctuary, Dolphin Rules, Seawall Update, a Correction

NWHI Sanctuary? The National Oceanic and Atmospheric Administration has launched the process of designating the marine portions of the Papahanaumokuakea Marine National Monument as a national marine sanctuary.

NOAA announced on November 19 that it would be taking comments on the proposal during the scoping period ending January 31, 2022. Following that, a draft environmental impact statement is to be prepared and available for review in January 2023, with the final EIS available sometime next fall.

Comments may be made online by going to https://www.regulations.gov, entering NOAA-NOS-2021-0114 in the search box and clicking on the “comment” icon. At that point, commenters should fill in the required form and then enter their comments or upload them.

Comments may also be mailed to PMNM-Sanctuary Designation, NOAA/ONMS, 1845 Wasp Blvd., Bldg. 176, Honolulu HI 96818.

Finally, oral comments may be made during virtual scoping meetings to be held December 8 at 6 pm, December 11 at noon, December 14 at 6 pm, and December 16 at 3 pm. For details on how to register, see https://sanctuaries.noaa.gov/papahanaumokuakea.

Spinner Dolphin Meeting: In late September, the National Marine Fisheries Service proposed a rule that would protect the daytime resting areas of spinner dolphins at five sites in the Main Hawaiian Islands. The proposed rule would ban “any person or vessel, on or below the surface, to enter, cause to enter, solicit to enter, or remain” within any of the five areas from 6 in the morning to 3 in the afternoon at Kealakekua Bay, Honaunau Bay, Hoʻokena, and Makako Bay on the Big Island, and La Perouse Bay on Maui.

Spinner dolphins. Credit ADAM U

NMFS has now announced it will hold a virtual hearing on the proposed rule this month.

On December 9, from 5 to 8 pm, any member of the public can join the hearing. To do so by internet, click onhttps://noaanmfs-meets.webex.com/​noaanmfs-meets/​j.php?​MTID=​mce215a9ffa3f601324ffeca0ddcbc1b8 and enter the password “dolphin”. Phone access is at (415) 527-5035.

To review the proposed rule, see https://www.fisheries.noaa.gov/action/proposed-rule-establish-time-area-closures-hawaiian-spinner-dolphins-essential-habitats-main.

Seawall Saga: The state and owners of an illegally built seawall on Oʻahu’s North Shore failed to reach a settlement last month. A jury-waived trial in the state’s case against James and Denise O’Shea, and the O’Sheas’ case against their former neighbor, Rupert Oberlohr, has been rescheduled to begin on August 22. It had been set to start in January.

In 2017, the O’Sheas built a 13-foot-high seawall to protect their property after the old wall collapsed. The O’Sheas claim that work Oberlohr had done on the old wall caused it to fail. The state has alleged that the new seawall sits on state land.

Correction: Our August 2021 Board Talk item on guidelines for small-scale beach restoration misstated that Category 3 projects were those that used more than 25,000 cubic yards. In fact, Category 3 projects are those where more than 1,000 but less than 25,000 cubic yards of sand are placed on a beach. 

Volume 32, Number 6 December 2021

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