{"id":215,"date":"2014-02-01T20:32:22","date_gmt":"2014-02-01T20:32:22","guid":{"rendered":"http:\/\/localhost:8888\/EH\/?p=215"},"modified":"2015-01-29T19:31:26","modified_gmt":"2015-01-29T19:31:26","slug":"board-talk-3","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=215","title":{"rendered":"Board Talk"},"content":{"rendered":"
DLNR to Create Trust Fund For Coral Reef Restoration<\/b><\/p>\n

\u201cWe need it yesterday,\u201d Department of Land and Natural Resources director William Aila said of the proposed new scheme to help his department restore damaged reefs and bill those responsible.<\/p>\n

During a September 12 briefing, Aila\u2019s deputy director, William Tam, explained to the Board of Land and Natural Resources that the program, initiated by the DLNR\u2019s Division of Aquatic Resources (DAR), would mirror one employed by the U.S. Army Corps of Engineers to restore wetlands destroyed by construction projects. Under that program, when a Corps-permitted project is expected to harm or destroy a wetland, the permittee must fund and implement a restoration project that provides ecosystem services equivalent to the expected loss.<\/p>\n

Regarding damages to Hawai`i reefs and potentially other natural resources managed by the DLNR, the department plans to establish a \u201cmitigation bank\u201d into which responsible parties can pay fines \u2013 if the damages are inadvertent \u2013 or contribute money to restoration activities to offset impacts from a permitted project.<\/p>\n

How badly does the DLNR need this program?<\/p>\n

\u201cWe [need] look not much further than today\u2019s headlines and probably tomorrow\u2019s headlines,\u201d Aila said, referring to the spill by Matson days earlier of 233,000 gallons of molasses into Honolulu Harbor. The spill suffocated tens of thousands of fish and turned live corals ghostly white almost overnight.<\/p>\n

Matson has committed to paying for all damages resulting from the spill. Tam said that besides having to pay fines under the Clean Water Act, the company will also have to address damages to the marine ecosystem.<\/p>\n

\u201cThat\u2019s a natural resource case that is going to happen,\u201d Tam said.<\/p>\n

For now, the DAR is starting the process of getting the mitigation bank approved by the Army Corps. According to DAR invasive species specialist Kate Cullison, the division planned to submit a draft prospectus to the Corps by the end of last month.<\/p>\n

\u201cIt\u2019s the very fist of a series of more complex documents to be submitted,\u201d she told\u00a0Environment Hawai`i<\/i>, adding that it will take several months for the Corps to complete its reviews.<\/p>\n

If and when the Corps approves the establishment of a bank, DAR will then submit a natural resource management plan to the Land Board for approval, she said.<\/p>\n

While the primary focus of the program will be on corals, it has larger implications for the department, Tam told the board.<\/p>\n

The Land Board is obliged to protect the state\u2019s public trust resources, including submerged lands. Although rules and statutes give the board the power to issue fines and assess administrative costs, as well as costs associated with restoration of damaged areas, \u201cwe\u2019ve done this on catch-as-catch-can basis in the past,\u201d Tam said.<\/p>\n

The board has sometimes struggled to determine the value of natural resources that have been damaged. In a decade-old Land Board case involving reef damages at Pila`a Bay, Kaua`i, the Hawai`i Intermediate Court of Appeals expressly stated that the board can choose how to assess damages, Tam said. However, that case has been appealed to the Supreme Court, which heard oral arguments earlier this year. Whether the court will share the ICA\u2019s opinion remains to be seen.<\/p>\n

In any case, Tam said he anticipated the Land Board will be contending with valuing natural resource damages more and more.<\/p>\n

Already, the state\u2019s coral reefs are getting banged up on a regular basis, and without any restitution paid to the state. Sinking boats, vessel groundings, and anchor damage can really add up, Cullison told the board. On average, she continued, there are 168 reported coral reef damage incidents per year.<\/p>\n

\u201cWe can assume there are many more. Most are on O`ahu and Maui,\u201d she said.<\/p>\n

DAR focuses most of its response on securing vessels and salvaging them. But there is no process set up after that to assess damages, she said.<\/p>\n

\u201cThe larger groundings, we have less of a process that\u2019s spelled out. There have been three large ones in the past several years. All have been treated differently,\u201d she said, referring to the\u00a0Cape Flattery, Voge Trader<\/i>, and\u00a0USS Port Royal<\/i>\u00a0groundings. (See the February 2013 cover story for more on this.)<\/p>\n

Without a process in place, Cullison said, the DLNR is missing opportunities to recover damages.<\/p>\n

Planned Impacts<\/i><\/b><\/p>\n

One of the biggest bottlenecks for projects that require an Army Corps permit is the mitigation plan. \u201cThe Army Corps of Engineers\u2019 goal is no net loss\u201d of habitat, Cullison said.<\/p>\n

A mitigation bank could save permittees from developing and implementing<\/p>\n

a mitigation plan, she continued. The state Department of Transportation, for example, is planning to expand Kapalama harbor and is expected to destroy some 7,000 corals in the process. Under the proposed program, the DOT would pay into the bank an amount agreed to by the DLNR and the Army Corps covering the cost of a restoration project that offsets the coral damage. The DLNR would then be responsible for conducting the restoration and the harbor expansion would be allowed to proceed unfettered.<\/p>\n

The restoration projects would not necessarily be tailor-made in response to a particular construction project. They would more likely be projects already ongoing, i.e., invasive algae removal at Kane`ohe Bay. Projects would, however, be located within the same county of the proposed permitted activity.<\/p>\n

Cullison said the DLNR would choose restoration sites that are already somewhat degraded but which could be improved with management. The sites would also have to host a diverse range of species.<\/p>\n

This approach is \u201cusually much more effective than piecemeal projects,\u201d Cullison said. \u201cWe are hoping this will provide some level of cost recovery [so we] can do enhancement, restoration, creation, and preservation.\u201d<\/p>\n

All restoration projects would have to be approved by an independent review team composed of representatives from the National Oceanic and Atmospheric Administration, the Fish and Wildlife Service, the Environmental Protection Agency, and, of course, the Army Corps, which would chair the team.<\/p>\n

In addition to reviewing all project proposals, the team would re-evaluate projects every year. The DLNR would also have its own internal scientific review team, and the Land Board would also approve any modifications to its mitigation and restoration plan. That plan could include projects such as a sea urchin hatchery, the use of super suckers to remove invasive algae, and a coral nursery, Cullison said.<\/p>\n

\u201cIt\u2019s a fast way to solve some of these problems,\u201d Tam said. \u201cWe\u2019re going to start taking these ideas to other areas.”<\/p>\n

Board Questions<\/i><\/b><\/p>\n

At-large board member San Gon said he appreciated the fact that the DLNR has an opportunity to standardize its response to repeated patterns of damage and focus on restoration. However, he added, \u201cI know the devil is going to be in the details of this thing.\u201d<\/p>\n

With runoff, for example, which causes significant damage to reefs, \u201con the one hand, it\u2019s a consequence of rains; on the other hand, it\u2019s the result of decades of loss from ungulates. … How do you tease out long-term landscape change and perhaps a particularly wet winter, and those ascribable to a particular thing?\u201d he asked.<\/p>\n

Maui member Jimmy Gomes asked whether the DLNR had adequate staff to manage the program and to implement restoration projects.<\/p>\n

Tam admitted that his division would have to build that capacity.<\/p>\n

Aila said the Army Corps and other federal partners are very supportive and interested in the DLNR\u2019s proposal.<\/p>\n

\u201cIt hasn\u2019t been done anywhere in the country in applying it to coral reefs,\u201d he said.<\/p>\n

Should the bank be established, it would eliminate the confusion that\u2019s occurred in the past over whether settlement funds from reef damages go to the state general fund or to the DLNR.<\/p>\n

Whatever money is paid into the bank will be \u201ckapu money,\u201d Tam said, adding, \u201cWe\u2019re going to try to [have] our documents to say this is a trust fund, not a special fund\u201d that can be raided by the Legislature.<\/p>\n

<\/b><\/p>\n

***
\nRail Can Use State Land,
\nBut May Have to Pay Rent<\/b><\/div>\n

The Land Board on September 13 unanimously granted two non-exclusive easements, a right of entry, and a lease to the Honolulu Authority for Rapid Transportation (HART) for rail-associated facilities at Aloha Stadium and on agricultural land in Kapolei across from the University of Hawai`i West O`ahu campus.<\/p>\n

Despite objections from HART deputy executive director Brennon Morioka over DLNR provisions allowing the state to seek compensation for the city\u2019s use of state land, the Land Board approved the encumbrances as recommended by the DLNR\u2019s Land Division.<\/p>\n

\u201cYou\u2019re saying you want to use that area without paying the state,\u201d Maui Land Board member Jimmy Gomes asked Morioka before voting on the easement at the stadium.<\/p>\n

\u201cThat\u2019s been our relationship with other state agencies,\u201d Morioka said. He argued that the value of having a rail stop at the stadium is compensation enough.<\/p>\n

Allowing the state to negotiate fair compensation for the easement \u201cdoesn\u2019t provide us with some level of assurance with our ability to plan. We do not have a budget for any future lease rent payments,\u201d Morioka continued.<\/p>\n

Stadium Authority manager Scott Chan countered, \u201cAll we\u2019re asking for is we make sure we do not close the door on asking for fair compensation. We need to consider monetary values because of utilities and costs we incur.\u201d<\/p>\n

With regard to the Kapolei properties, Honolulu Department of Planning and Permitting director George Atta sent a letter to the DLNR offering to try to get the lands up-zoned, in lieu of monetary compensation, Land Division administrator Russell Tsuji told the board.<\/p>\n

\u201cWhat they\u2019re proposing is quite valuable. It\u2019s a tough area to get zoned,\u201d he said.<\/p>\n

Tsuji noted that rezoning would require approval from the city council, and should it fail, the DLNR would have the opportunity to seek monetary compensation.<\/p>\n

Again, Morioka objected. Paying for use of public lands is not in HART\u2019s budget, current or future, he said.<\/p>\n

\u201cIt would require us to re-look at our budget and would lead to increasing fares,\u201d he said.<\/p>\n

<\/b><\/p>\n

***
\nBoard Denies Contested Case,
\nUrges Farmer to Cure Violations<\/b><\/div>\n

On September 13, the Land Board denied native Hawaiian farmer Ku`i Palama a contested case hearing on violations regarding his unauthorized occupancy and use of state land in Hanapepe, Kaua`i.<\/p>\n

Even so, because Palama had documents suggesting he may have a legal right to use adjacent private land, Land Board chair William Aila offered to help Palama secure a stream channel alteration permit for his auwai from the state Commission on Water Resource Management. Kaua`i board member Shawn Smith also volunteered to be a liaison between the Palama family and DLNR land agent Milo Spindt, who clearly have problems with each other (threats have allegedly been made by both sides). Ku`i Palama also still had some belongings on the state property and had reoccupied it as well, according to DLNR staff.<\/p>\n

The board denied Palama a contested case hearing because he did not request one orally when the Land Board voted earlier this year to fine him $5,000 for growing taro on the state\u2019s land, and also did not properly file a written petition, a staff report states.<\/p>\n

Despite Palama\u2019s initial arguments that the state of Hawai`i has no authority over land and the continuing violations, Aila seemed supportive of Palama\u2019s efforts to rehabilitate the land.<\/p>\n

The board has said it is good for people to be self sufficient, Aila said.<\/p>\n

\u201cWe would work with you to grow taro, but you have to clear the violations first,\u201d he told Palama. \u201cLet\u2019s work together to reach compliance.\u201d<\/p>\n

At times, Palama tried to argue that diverting the stream was part of his kuleana right and that the state was wrong in blocking access to his property.<\/p>\n

\u201cI\u2019m not trying to play hard ball. I\u2019m just trying to grow food to feed my family,\u201d he said.<\/p>\n

In the end, though, he seemed willing to leave the state property and work toward getting a permit to divert water to private lands. At his request, Aila gave Palama ten more days to clear out.<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"

DLNR to Create Trust Fund For Coral Reef Restoration “We need it yesterday,” Department of Land and Natural Resources director William Aila said of the proposed new scheme to help his department restore damaged reefs and bill those responsible. During … Continued<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,13,4,16,17,30],"tags":[3],"class_list":["post-215","post","type-post","status-publish","format-standard","hentry","category-agriculture","category-board-talk","category-development","category-dlnr","category-marine","category-october-2013","tag-teresa-dawson"],"_links":{"self":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/215","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=215"}],"version-history":[{"count":0,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/215\/revisions"}],"wp:attachment":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=215"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=215"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=215"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}