{"id":15140,"date":"2023-06-02T06:51:18","date_gmt":"2023-06-02T16:51:18","guid":{"rendered":"https:\/\/www.environment-hawaii.org\/?p=15140"},"modified":"2023-06-02T12:30:02","modified_gmt":"2023-06-02T22:30:02","slug":"board-talk-mosquitoes-fishing-rules-and-more","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=15140","title":{"rendered":"BOARD TALK: Mosquitoes, Fishing Rules, and More"},"content":{"rendered":"\n

Board Denies Petition for Contested Case<\/strong> On Mosquito Control Suppression Project<\/strong><\/h3>\n\n\n\n

The state Board of Land and Natural Resources\u2019 May 12 meeting began at 9:15 a.m. and stretched well past dinnertime. As the board heard public testimony on one of its last agenda items, board member Aimee Barnes could not let the insulting innuendo from one testifier go without a response.<\/p>\n\n\n\n

The Department of Land and Natural Resources\u2019 Division of Forestry and Wildlife had requested that the Land Board deny a petition for a contested case hearing filed in April by the nonprofit Hawai\u02bbi Unites and its president and founder, Tina Lia of Maui.<\/p>\n\n\n\n

Lia is a vocal opponent of plans by state, federal, and private entities to release into the forests of East Maui house mosquitoes carrying a different strain of the Wolbachia<\/em> bacteria than what\u2019s carried by mosquitoes in the wild. The incompatible bacteria strains will render any offspring inviable, and, hopefully, result in a reduction in the mosquito population and transmission of avian malaria, which has devastated native bird populations.<\/p>\n\n\n\n

Specifically on Maui, avian malaria has pushed the kiwikiu and \u02bb\u0101kohekohe to the brink of extinction.<\/p>\n\n\n\n

\"\"<\/a>
“Avian malaria, a fatal disease, is the primary cause for the dramatic decline for six remaining species of Hawaiian honeycreepers: \u02bbi\u02bbiwi, Maui \u02bbalauahio, Hawai\u02bbi \u02bbamakihi, \u02bbapapane, kikiwiu, and \u02bb\u0101kohekohe (pictured here). For critically endangered species, like kiwikiu and \u02bb\u0101kohekohe, the increasing presence of invasive mosquitoes has put them on a trajectory for extinction within the next two to ten years,\u201d states a press release from the Department of Land and Natural Resources.<\/figcaption><\/figure>\n\n\n\n
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Lia submitted her written request after the Land Board denied her oral request at its March 24 meeting and accepted an environmental assessment for the project<\/a>. <\/p>\n\n\n\n

At the May meeting, Lia testified in opposition to DOFAW\u2019s recommendation. She argued, as she has in the past, that the project was experimental and could cause the extinction of the forest birds and have other devastating consequences. She argued that the Land Board needed to honor constitutional due process and grant a contested case hearing.<\/p>\n\n\n\n

In recommending denial of her request, DOFAW noted in its report to the board that neither Lia nor Hawai\u02bbi Unites asserted a property interest that would trigger a due process analysis.<\/p>\n\n\n\n

Among the testifiers who supported Lia\u2019s petition was Juhl Rayne. She argued that the mosquito release will do more harm than good, adding, \u201cWe definitely have to have this experimental thing looked into. \u2026 It\u2019s quite obvious any decision other than that is, I don\u2019t know, being paid for by someone.\u201d<\/p>\n\n\n\n

Before the board moved onto the next testifier, Barnes asked to address Juhl\u2019s last point.<\/p>\n\n\n\n

\u201cThis is an all-volunteer board. I\u2019ve been here since 9 o\u2019clock this morning. I don\u2019t get paid for this. I have two small children at home. I take my time out of my day to contribute to our state and I take accusations that I or anybody else on this board has been paid to make any decision very personally. So please be thoughtful when you make accusations like that. It\u2019s very offensive,\u201d she said.<\/p>\n\n\n\n

The board ultimately voted to accept DOFAW\u2019s recommendation for the reasons given, noting that Lia and Hawai\u02bbi Unites had already filed a complaint for declaratory and injunctive relief in Environmental Court.<\/p>\n\n\n\n

The Lawsuit<\/em><\/strong><\/p>\n\n\n\n

In their complaint, filed May 8, Lia and Hawai\u02bbi Unites argue that the Land Board and DLNR violated the Hawai\u2018i Environmental Policy Act by not requiring an environmental impact statement for the mosquito suppression project. <\/p>\n\n\n\n

\u201cHawai\u02bbi Unites has repeatedly presented documented, compelling evidence of the risks and impacts of the biopesticide mosquito project to the BLNR. Rather than acknowledge and address the organization\u2019s concerns, the BLNR has acted in a consistently dismissive and disruptive manner towards this testimony,\u201d the complaint states.<\/p>\n\n\n\n

\u201cTropical disease and vector expert Dr. Lorrin Pang, speaking as a private citizen, has expressed concerns about horizontal transmission (\u02bbhorizontal spread’ or \u02bbhorizontal transfer’) of the introduced Wolbachia <\/em>bacteria strain to wild mosquitoes and other insects, including other insect vectors of disease. \u2026 Peer-reviewed studies have shown Wolbachia <\/em>bacteria in mosquitoes to cause increased pathogen infection and to cause mosquitoes to become more capable of spreading diseases such as avian malaria and West Nile virus,\u201d they continue.<\/p>\n\n\n\n

\u201cMale mosquitoes transmit bacteria and pathogens to females. Infected females can spread disease to birds (including endangered native birds), other animals, and humans,\u201d they stated.<\/p>\n\n\n\n

The complaint also raises concerns over the impacts using drones to drop biodegradable packages of mosquitoes into the forest areas. There could be \u201cup to 134 drone flights per week over the project area for the life of the plan – likely at least 20 years as stated in the final EA. \u2026 Drone hovering; risks of breeding birds being flushed from active nests; disturbances of day roosting Hawaiian hoary bats; and risks of disturbing bat pup rearing are all noted impacts,\u201d it states.<\/p>\n\n\n\n

The state had not yet filed a response to the complaint as of late May. However, at the March 24 Land Board meeting, DOFAW administrator Dave Smith did address some of the concerns Lia and others have raised.<\/p>\n\n\n\n

Smith pointed out that the species of mosquito and the strain of Wolbachia<\/em> are already found in Hawai\u02bbi. He also noted that if some females are released along with the males, \u201ceven if the female bites you, they have Wolbachia<\/em> already. It\u2019s not like they\u2019re giving you something. \u2026 The other thing with mosquitoes is they only live for a very short period of time. People say, \u2018What if a female got out that has this different Wolbachia<\/em> strain?\u2019 We could just pause and they could be bred out of the population in a very short period of time.\u201d<\/p>\n\n\n\n

A scheduling conference for the case has been set for August 3.<\/p>\n\n\n\n

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Board Approves Public Hearings<\/strong> On New Rules for Uhu, Kala, and More<\/strong><\/h3>\n\n\n\n

Last December, the DLNR\u2019s Division of Aquatic Resources asked the Land Board to authorize public hearings on a rules package that would set new limits take of manini (convict tang), kole (goldring surgeronfish), kala (bluespine unicornfish), uhu (parrotfish), and papa pualoa (Kona crab). <\/p>\n\n\n\n

Several commercial fishers complained that some of the more restrictive limits \u2014 the bag limit of two per person per day for kala and uhu, specifically \u2014 would put them out of business. Even though those fish are considered by scientists to be overfished, the Land Board deferred making a decision<\/a> and directed DAR to craft accommodations to allow commercial fishing to continue, but not expand.<\/p>\n\n\n\n

On May 12, DAR returned with a new rules package that would require commercial marine dealers of uhu or kala to register as such to purchase, possess, and sell those species. <\/p>\n\n\n\n

\"\"<\/a>
Kala. Credit: NOAA<\/figcaption><\/figure>\n\n\n\n

For commercial fishers of uhu, the following would apply:<\/p>\n\n\n\n

Only uhu palukaluka (initial-phase redlip parrotfish) would be allowed for commercial harvest and sale, and there would be a daily bag limit of 30 per commercial marine license (CML) holder;<\/p>\n\n\n\n

Only fish between fourteen and twenty inches in length could be caught and sold, and commercial harvest and sale would be prohibited during the peak spawning months of February through May.<\/p>\n\n\n\n

Fishers must obtain a valid Commercial Uhu Fishing Permit, which may be issued to anyone who holds a valid CML, pays a $100 permit fee, provides proper identification, and has caught and sold at least 340 pounds of uhu within the past twelve months as verified through commercial catch reports and\/or commercial marine dealer reports.<\/p>\n\n\n\n

Commercial fishers of kala would have a daily bag limit of 50 per CML holder and would also have to have a Commercial Kala Fishing Permit. The minimum size of kala caught would be the same as the proposed non-commercial size limit: 14 inches. Commercial harvest or sale would be prohibited during peak spawning months of April through July. <\/p>\n\n\n\n

To obtain the commercial kala fishing permit, an applicant would have had to have caught and sold at least 100 pounds of kala within the past twelve months.<\/p>\n\n\n\n

Those seeking commercial permits for uhu or kala who did not have documented sales would receive a probationary permit. If probationary permittees did not catch their minimum amount, they could not get a permit for the following season. Fishers who did not sell to dealers would need to report their cash sales to DAR.<\/p>\n\n\n\n

DAR also proposed setting commercial annual catch limits for uhu and kala that represent approximately 75 percent of the average annual reported commercial catch over the past five years. For kala, that would be 10,000 pounds. For uhu, it would be 34,000 pounds.<\/p>\n\n\n\n

If the ACLs are reached, then DAR would close the fisheries. However, dealers with valid receipts for the fish would still be allowed to sell them if the fisheries closed because ACLs were reached.<\/p>\n\n\n\n

Despite all of the accommodations DAR proposed for the commercial fishers, several still testified in opposition. Some argued that the state\u2019s assessment of the abundance of the fish species was wrong, and that both uhu and kala were plentiful. Others testified that the bag limits would result in a lot of discarded, dead and, in their eyes, wasted fish.<\/p>\n\n\n\n

DAR biologist David Sakoda countered that the discarded fish aren\u2019t wasted, since they will remain in the ecosystem and get eaten by something.<\/p>\n\n\n\n

In addition to the uhu and kala commercial catch provisions, DAR also proposed kole regulations that would allow the harvest by aquarium collectors of kole less than five inches in length \u201cpursuant to the terms and conditions of a valid aquarium fish permit and other aquarium fishing regulations.\u201d<\/p>\n\n\n\n

Despite the continued opposition from some commercial fishers, board member Kaiwi Yoon made a motion to approve DAR\u2019s request to send its new rules out to public hearings.<\/p>\n\n\n\n

With regard to the opposing characterizations of the populations of the fish targeted by commercial fishers, Yoon said there was \u201ca big delta between choke and not choke. I don\u2019t know what data set to internalize.\u201d<\/p>\n\n\n\n

He noted that in the Hawaiian language, kala means \u201cto forgive, to let go, to free. Interestingly enough, uhu means to restrain, to hold back, to pull. \u2026 Here we have these two fish trying to talk to us and somewhere in the middle is where the sweet spot is.\u201d<\/p>\n\n\n\n

After an executive session, Yoon amended his motion to delete DAR\u2019s proposed rules regarding the commercial aquarium collection of kole. He said that the Land Board would deal with aquarium collection matters at another time.<\/p>\n\n\n\n

With that, the board unanimously approved Yoon\u2019s motion.<\/p>\n\n\n\n

For more background, see, \u201cEfforts to Accommodate Commercial Fishing Delays Hearings on Proposed Catch Limits<\/a>,\u201d from our January 2023 issue.<\/p>\n\n\n\n

\n\n\n\n

Sandalwood Seed Sharing,<\/strong> Conservation Easement in South Kona<\/strong><\/h3>\n\n\n\n

On May 12, the Land Board approved a request by DOFAW to enter into a memorandum of agreement with Haloa Aina LLC regarding the sharing of sandalwood seeds for use in the division\u2019s orchard planting efforts. And on May 26, the board approved the acquisition of a perpetual conservation easement over three parcels owned by the company in Kealakekua, South Kona, totaling 2,733 acres.<\/p>\n\n\n\n

\"\"<\/a><\/figure>\n\n\n\n
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DOFAW\u2019s May 12 report to the board noted that Hawaiian sandalwood are \u201chighly valued economically, ecologically, and culturally, and are threatened by habitat loss, predation, fire, and lack of regeneration.\u201d <\/p>\n\n\n\n

To protect the trees, the division is establishing a network of sandalwood seed orchards on public and private lands throughout the state under a Landscape Scale Restoration (LSR) Agreement with the U.S. Department of Agriculture Forest Service (USDA-FS).<\/p>\n\n\n\n

\u201cThe purpose of this project is to produce high quality, eco-region specific seed for native forestry restoration efforts. Haloa Aina LLC, a family-owned company that is dedicated to restoring native dryland forest, has expressed willingness in hosting a seed orchard site on their property,\u201d the report states.<\/p>\n\n\n\n

The MOA with Haloa delineates the responsibilities of DLNR and the company with regard to the seed orchard site, Under the agreement, the seeds produced would be split 50-50 between the DLNR and Haloa.<\/p>\n\n\n\n

With regard to the purchase of the conservation easement on Haloa\u2019s lands above the Hokukano Ranch subdivision, DOFAW is awaiting the results of an appraisal before it can expend funds received from the federal Forest Legacy program and the County of Hawai\u02bbi\u2019s Public Access, Open Space, Natural Resources Preservation Fund. Haloa, previously known as Jawmin, LLC, purchased the three properties in 2009 for $9 million.<\/p>\n\n\n\n

The easement is needed to \u201cpermanently protect 2,733.106 acres, more or less, of dry montane forest (4,500- to 5,500-foot elevation) located in the South Kona region. … The project area\u2019s forest provides essential Hawaiian sandalwood,\u201d a DOFAW report states.<\/p>\n\n\n\n

\u201cIn addition to historic declines, populations of \u02bbiliahi in the region continue to decline due to ongoing threats such as unsustainable logging, housing development, cattle grazing, invasive species, and low natural recruitment. With high land value in the region, active subdivision and land sales are happening immediately adjacent to Haloa Aina. The CE will forfeit the right of the landowner to subdivide, protecting the property from development in perpetuity and ensuring this property stays a working and recovering native forest. This forest will increase economic opportunities to rural valuable woods in the world.<\/p>\n\n\n\n

\u201cThis project will connect over 400,000 contiguous acres of adjacent managed forests including two Forest Legacy project conservation easements also held by the state (Kealakekua Mountain Reserve and Ka\u02bbawaloa), forested lands managed by Kamehameha Schools for forestry and conservation, and Hawai\u02bbi Volcanoes National Park, creating a large contiguous managed forest landscape,\u201d it continues.<\/p>\n\n\n\n

(For more background on the properties, see Environment Hawai\u02bbi<\/em>\u2019s October 2010 issue.)<\/p>\n\n\n\n

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Board Settles Fine For Violations<\/strong> On Duke Kahanamoku Beach<\/strong><\/h3>\n\n\n\n

On May 26, the Land Board approved the settlement of a $65,000 fine it had imposed in May of 2021 for violations on Duke Kahanamoku Beach in Waikiki by Chris Sanger and Duke\u2019s Lagoon, LLC. <\/p>\n\n\n\n

Sanger and his company had been presetting chairs and storing equipment on the beach, and also conducting commercial activities there. <\/p>\n\n\n\n

After some delays in settlement talks due to changes in Sanger\u2019s and the state\u2019s counsel, the DLNR\u2019s Land Division recommended that the board settle the matter for $19,000.<\/p>\n\n\n\n

Board member Kaiwi Yoon asked division administrator Russell Tsuji whether $65,000 was not a reasonable fine.<\/p>\n\n\n\n

\u201cI wouldn\u2019t say that. We\u2019re settling it \u2026 To get the $65,000, you have to file an action, go to court \u2026,\u201d Tsuji said.<\/p>\n\n\n\n

Board chair Dawn Chang noted that the department will be seeking greater enforcement of illegal commercial activities. \u201cIf you are found in violation, it may be a basis to terminate all other \u2026 commercial use permits,\u201d she said.<\/p>\n\n\n\n

While the board approved the settlement, Yoon voted in opposition.<\/p>\n\n\n\n

\u2014 Teresa Dawson<\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Board Denies Petition for Contested Case On Mosquito Control Suppression Project The state Board of Land and Natural Resources’ May 12 meeting began at 9:15 a.m. and stretched well past dinnertime. As the board heard public testimony on one of … Continued<\/a><\/p>\n","protected":false},"author":1,"featured_media":15141,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13,11,26,8,340,15,25,511,338],"tags":[3],"class_list":["post-15140","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-board-talk","category-climate-change","category-endangered-species","category-fisheries","category-forestry","category-forests","category-invasives","category-june-2023","category-land-use","tag-teresa-dawson"],"_links":{"self":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/15140","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15140"}],"version-history":[{"count":0,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/15140\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/media\/15141"}],"wp:attachment":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15140"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15140"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15140"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}