{"id":15272,"date":"2023-07-31T14:57:00","date_gmt":"2023-08-01T00:57:00","guid":{"rendered":"https:\/\/www.environment-hawaii.org\/?p=15272"},"modified":"2023-07-31T14:57:03","modified_gmt":"2023-08-01T00:57:03","slug":"board-talk-east-maui-permits-fishing-forest-management-at-kipahulu","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=15272","title":{"rendered":"Board Talk: East Maui Permits; Fishing, Forest Management at K\u012bpahulu"},"content":{"rendered":"\n

Water Permittees To Contribute Funds<\/strong> For East Maui Watershed Management<\/strong><\/h2>\n\n\n\n

State forestry and wildlife managers will finally receive funds from the two companies that for years have been diverting tens of millions of gallons of water a day from East Maui watersheds to other parts of the island for agricultural and municipal purposes.<\/p>\n\n\n\n

On June 23, the state Board of Land and Natural Resources voted to require Alexander & Baldwin, Inc. and East Maui Irrigation Company, Ltd., to pay nearly $140,000 a year in funds or in-kind services for watershed management activities.<\/p>\n\n\n\n

The two companies together have for decades held four water use permits that allow them to divert the water via an old plantation-era system. They are close to reaching their goal of securing a long-term water lease, having completed an environmental impact statement and with the state Commission on Water Resource Management having completed its studies on how much water should remain in the streams. In the meantime, the companies have annually received Land Board approval to continue their permits.<\/p>\n\n\n\n

When the board last approved the permits, in November 2022, it imposed a June 30, 2023, deadline for the Department of Land and Natural Resources\u2019 Land Division to come up with a watershed management fee and\/or watershed-related requirements for the permittees to implement during the permit period.<\/p>\n\n\n\n

The DLNR\u2019s Division of Forestry and Wildlife prepared an estimate of the annual management costs for the 50,249-acre portion of the East Maui watershed that provides the diverted water. That cost came to just under $2 million.<\/p>\n\n\n\n

Water Commission staff estimated that the total capacity of EMI\u2019s diversion system was 450 million gallons a day. The amount the Land Board allowed A&B and EMI to divert under the permits approved last year was 40.49 mgd, nearly 9 percent of the system\u2019s capacity.<\/p>\n\n\n\n

Based on that, the Land Division determined that the companies should pay $179,266, which is about nine percent of the annual estimated watershed management costs.<\/p>\n\n\n\n

After the Land Division had prepared its recommendation to the board, Environmental Court Judge Jeffrey Crabtree issued an order in a case brought by the Sierra Club of Hawai\u02bbi seeking the invalidation of those permits and an order that the Land Board hold the contested case hearing on them that the group had asked for back in November.<\/p>\n\n\n\n

The group has repeatedly taken the Land Board to court over the permits, arguing that they allow too much water to be diverted.<\/p>\n\n\n\n

Although Judge Crabtree upheld the current permits, not wanting to create a legal vacuum, he ordered that the total diversion amount be capped at 31.5 mgd, and that the Land Board hold a contested case hearing.<\/p>\n\n\n\n

Based on that lower diversion cap, the Land Division\u02bbs Ian Hirokawa told the Land Board, the companies would  pay $139,463. <\/p>\n\n\n\n

A&B executive vice president Meredith Ching testified that she agreed to the Land Division\u2019s approach, but added that the court decision was \u201ca curve ball.\u201d<\/p>\n\n\n\n

Given current litigation, Maui County\u2019s burgeoning East Maui Community Water Authority, and the possibility that a lease may soon be offered, board member Vernon Char recommended that the board \u201ccome up with some kind of game plan so we\u2019re not going year after year through these abortive RP processes.\u201d<\/p>\n\n\n\n

\u201cThe staff and chair have been meeting to do exactly that. We know we\u2019re only going to set ourselves up for litigation if we don\u2019t move in the direction of a lease,\u201d Land Board chair and DLNR director Dawn Chang replied.<\/p>\n\n\n\n

The board ultimately voted to require the companies to pay the lower amount of $139,463.<\/p>\n\n\n\n

K\u012bpahulu Management<\/strong>, Mauka and Makai<\/strong><\/h2>\n\n\n\n

On June 23, the Land Board unanimously approved a request by the DLNR\u2019s Division of Aquatic Resources to hold public hearings on proposed administrative rules establishing the K\u012bpahulu community-based subsistence fishing area (CBSFA).<\/p>\n\n\n\n

Decades in the making, the proposed area would establish strict limits on the take of \u02bbopihi, lobster, crab and finfish from state waters out to the 60-meter depth line from Kalepa gulch to \u02bbOhe\u02bbo gulch in East Maui.<\/p>\n\n\n\n

At a May 26 briefing on the proposal, Kamalei Pico, executive director of K\u012bpahlu \u02bbOhana, Inc., explained that the group\u2019s effort to protect area\u2019s resources, as well as traditional, subsistence fishing practices, began in 1995. She noted that a 2014 study found that if fishing access were to increase without additional management, K\u012bpahulu could experience rapid declines in biomass.<\/p>\n\n\n\n

\u201cK\u012bpahulu is an extensive fishing area\u2026 Fishing is a way of life,\u201d she said, describing how the fishing for akule is a community event, where fishers join their nets together.<\/p>\n\n\n\n

She noted that many of the area\u2019s kupuna have passed away while the CBSFA plan developed. \u201cThere is an urgency to protect what we have, while we have it,\u201d she said.<\/p>\n\n\n\n

Under the rules, Kukui Bay would be a no-take area, but would include an area for fishers to safely access the waters beyond. There would also be an \u02bbopihi no-take area.<\/p>\n\n\n\n

The CBSFA is not a closed area, but is \u201copen to pono harvest,\u201d she said, adding, \u201cWe want to be able to fish forever and this is how we plan to achieve that.\u201d<\/p>\n\n\n\n

The rules would set a number of daily bag limits: one omilu, two kala, 40 \u02bbopihi, two lobster, and two spotted reef crab per person. There would also be a total finish bag limit of 15, although akule and introduced or invasive fish species would not count toward that total.<\/p>\n\n\n\n

There would also be maximum and\/or minimum size limits for \u02bbopihi, moi, and kole, as well as new closed seasons for moi and lobster.<\/p>\n\n\n\n

Fishing gear would also be limited: Surround nets with a 2 3\/4-inch mesh would only be allowed for akule and invasive species harvesting. No bag net fishing and no nets with a stretched mesh of less than three inches would be allowed.<\/p>\n\n\n\n

To ensure pole fishers did not crowd each the out, poles would be limited to two per person at once, with one line each.<\/p>\n\n\n\n

SCUBA would not be used to take marine life except when permitted by the DLNR for surround-net fishing for akule and introduced or invasive species.<\/p>\n\n\n\n

Night fishing \u2014 from 30 minutes after sunset to 30 minutes before sunrise \u2014 would be prohibited.<\/p>\n\n\n\n

Board member Kaiwi Yoon praised the community\u2019s effort, especially the involvement of so many young people. \u201cThe more of these that pop up \u2026 the more success stories I hear about \u02bb\u0101ina,\u201d he said.<\/p>\n\n\n\n

Board chair Dawn Chang added that her department needs the help of communities to manage marine resources. \u201cWe cannot steward all these resources. \u2026 When communities step up and are willing to work with us, I have great aloha for that. You are going to be the best ones to manage it. \u2026 You\u2019re willing to sacrifice and say, \u2018We\u2019re willing to take less and ensure future generations have enough,\u2019\u201d she said.<\/p>\n\n\n\n

At the Land Board\u2019s June 23 meeting, DAR education specialist for Maui Adam Wong said that after public hearings \u2014 one in Hana and one via Zoom to allow for statewide participation \u2014 the rules would be brought back for approval in October.<\/p>\n\n\n\n

Forest Reserve Plan<\/em><\/strong><\/p>\n\n\n\n

On July 14, the Land Board approved a 10-year management plan for the K\u012bpahulu Forest Reserve in East Maui. The reserve, made up of four non-contiguous tracts of land, encompasses a total of nearly 2,400 acres.<\/p>\n\n\n\n

Unlike the CBSFA rules, the plan received little community feedback.<\/p>\n\n\n\n

When board chair Chang expressed concern about that, Maui DOFAW district manager Scott Fretz suggested that might be because the forest reserve is not very accessible. <\/p>\n\n\n\n

DOFAW biologist Jan Pali, who drafted the plan, added that the division\u2019s website where people can view and comment on the plan got a lot of views, just not many comments. <\/p>\n\n\n\n

Chang lamented that the plan gave little attention to cultural concerns. She said she wanted to see some kind of cultural goals to provide access, protect native species used for gathering, etc. Board members Karen Ono and Doreen Canto said they had some of the same concerns.<\/p>\n\n\n\n

Fretz said his division could incorporate their concerns into their work going forward and added, \u201cArguably, what we\u2019re proposing to do will enhance traditional and customary practices.\u201d The plan\u2019s goals include protecting native ecosystems and providing public access.<\/p>\n\n\n\n

A few members of the public testified against the plan, specifically its support of mosquito control. Although the plan does not include any specific plans or methods to achieve this, Tina Lia testified that she was opposed to the release of lab-infected mosquitoes while her  lawsuit seeking an injunction is pending. Lia filed a complaint in Environmental Court in May to force the preparation of an environmental impact statement for a plan to release Wolbachia<\/em>-infected male mosquitoes into East Maui forests to suppress the prevalence of avian malaria and protect critically endangered birds. (See our cover story.)<\/p>\n\n\n\n

Lia also raised concerns about efforts to genetically engineer mosquitoes for release into the wild.<\/p>\n\n\n\n

\u201cPlease honor the [Hawai\u02bbi Environmental Policy Act] process, protect the \u02bb\u0101ina [and] stop the biopesticide release in East Maui,\u201d she said.<\/p>\n\n\n\n

Chang then asked Lia if she had read the plan, which did not include any references to what Lia was talking about.<\/p>\n\n\n\n

\u201cThere is mosquito control in that plan. \u2026 Did you<\/em> read the plan?\u201d Lia replied.<\/p>\n\n\n\n

\u201cI\u2019m the director. \u2026 I approved the plan,\u201d Chang said.<\/p>\n\n\n\n

To which Lia snapped, \u201cYou work for me.\u201d<\/p>\n\n\n\n

“Excuse me?\u201d Chang asked.<\/p>\n\n\n\n

\u201cYou work for the public,\u201d Lia replied.<\/p>\n\n\n\n

Chang then asked Lia if she was opposed to the forest reserve plan.<\/p>\n\n\n\n

\u201cI\u2019m opposed to the mosquito release referenced in the plan,  so yes, I am opposed,\u201d Lia said.<\/p>\n\n\n\n

Another testifier, Robbin Lee Hill, admitted that she had not read the entire plan, but asserted that the Land Board was being duped, that excrement was being \u201cshoved down your throat as some plan and care of the bird.\u201d<\/p>\n\n\n\n

\u201cI am an actual expert in terms of being very well studied and we contacted with top scientists and some of the deepest level military intel on what this biological, genetically altered modified mosquito is.\u201d [Note: the mosquitoes to be released are not genetically modified.]<\/p>\n\n\n\n

\u201cI\u2019m going to disclose some information,\u201d she announced, adding that she had addressed the nation of Hawai\u02bbi and citizens of Florida about this.<\/p>\n\n\n\n

The mosquitoes are weapons of massive destruction \u2014 \u201cbiological warfare \u2026 under the disguise of mosquitoes with drones\u201d \u2014 funded by the Department of Defense and the Bill and Melida Gates Foundation, she claimed.<\/p>\n\n\n\n

Chang interrupted, \u201cThank you. Your three minutes are up.\u201d<\/p>\n\n\n\n

\u201cWell, you\u2019ve been warned,\u201d Hill replied.<\/p>\n\n\n\n

After an executive session, the board voted to approve the plan and to allow Chang to provide her staff with direction on cultural components.<\/p>\n\n\n\n

Before the vote, however, Yoon lambasted the testimony by Lia and Hill as being \u201ccombative, threatening and abrasive.\u201d <\/p>\n\n\n\n

\u201cIt\u2019s unnecessary for anyone to say who they\u2019re working for or we\u2019ve been fed soluble excrement or that we\u2019ve been warned. \u2026 Pre-contact we had a symbiotic, hard-working, nurturing people with a healthy environment. And you know where we are today? We are the endangered species capital of the world with a tremendous loss of biodiversity and native populations. So to hear these very threatening and combative words hurt me personally and professionally, and I don\u2019t think we get anywhere as a society.\u201d<\/p>\n\n\n\n

At this point, Lia held up a handwritten note reading, \u201cconflicts of interest\u201d to her computer camera.<\/p>\n\n\n\n

Yoon pressed on, \u201cAs people with aloha who profess to love \u02bb\u0101ina, if you understood \u02bb\u0101ina and that word, you can\u2019t, shouldn\u2019t, wouldn\u2019t want to talk that way to another human being.\u201d<\/p>\n\n\n\n

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

Water Permittees To Contribute Funds For East Maui Watershed Management State forestry and wildlife managers will finally receive funds from the two companies that for years have been diverting tens of millions of gallons of water a day from East … Continued<\/a><\/p>\n","protected":false},"author":1,"featured_media":15273,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,514,13,26,15,17,28],"tags":[3],"class_list":["post-15272","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-agriculture","category-august-2023","category-board-talk","category-endangered-species","category-forests","category-marine","category-water","tag-teresa-dawson"],"_links":{"self":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/15272","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=15272"}],"version-history":[{"count":0,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/15272\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/media\/15273"}],"wp:attachment":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15272"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15272"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15272"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}