Action at BLNR this Friday: Streams, ocean health, fisheries, and more
by Kirsten Kagimoto, Strategic Communications Manager and Wayne Tanaka, Chapter Director | Reading time: 8 minutes
12/11/23 update:
Thank you to everyone that submitted testimony and attended last week’s Board of Land and Natural Resources marathon two day meeting. Over the two days only a portion of the agenda was heard and the meeting is set to continue this Friday, December 13. Here’s an update on the agenda items we talked about last week:
East Maui streams
The good news is that A&B was granted much less water than it demanded, about 15 million gallons of water a day less. Under this new permit, BLNR no longer provides extra water to the diverters to account for “system losses and waste” or “historial-industrial” uses. Instead, BLNR authorized a slightly more straightforward 2,500 gallons of water per acre per day.
The bad news is that A&B is getting more water than the department staff’s recommendation of 27.4 mgd. This is because in its calculations, BLNR is believing Mahi Pono’s word that it will plant another 3,000 acres between October 2023 and June 2024 and because A&B is using an annual average rather than a monthly average. A monthly average allows more steady amount of water to remain in East Maui's streams, forcing A&B to limit its use of water from the streams, conserve water, and use brackish groundwater to supplement irrigation. An annual average allows A&B to take a large amount of water some months, leaving little water in the diverted streams, and then take less water other months. The permit also still fails to require the lining of leaky unlined reservoirs or the modification of diversion structures that interfere with stream flow.
All in all, A&B and Mahi Pono are authorized to divert 38.25 million gallons of water a day. We believe that A&B and Mahi Pono are still getting more water than it needs. The chances that they will have a total of 12,500 acres planted in the next six months are low—and regardless of when, or if, the total acreage is planted, they get the allotted water. And we can’t forget that A&B and Mahi Pono have access to millions of gallons of groundwater and receive all of the water that the county does not use Upcountry, all of which was not accounted for in the permit’s allotment.
Aquarium fish collection
The petition for rulemaking to prohibit the commercial collection of aquarium fish was heard and passed by the board! After an overwhelming turnout of testimonies in support of the petition, the board voted against the staff submittal and now the Division of Aquatic Resources will be working with the petitioners to start the rulemaking process. Big mahalo to the petitioners, Kalanihale, KUPA Friends of Hoʻokena Beach Park, Moana ʻOhana, Koʻolaupoko Hawaiian Civic Club, and For the Fishes, and to the many folks who have fought to end commercial aquarium fish collection over the years.
The Ocean Stewardship Fee, herbivore fishing rules, and Coco Palms Resort permits were all deferred to this Friday.
12/5/23 action alert:
There are several important matters being heard by the Board of Land and Natural Resources this Thursday, December 7 that will impact East Maui’s streams, our marine and coral reef health, coastal well-being, and the lives that depend on a healthy environment.
After canceling the November meeting, the Board of Land and Natural Resources (BLNR) has put 98 (!!) agenda items up for discussion this week. The meeting will begin on Thursday at 9am and likely run over into Friday.
Included in the items up for discussion, are the consolidation and renewal of Alexander & Baldwin and Mahi Pono’s revocable permit(s) to continue diverting water from East Maui streams, the final adoption of the Ocean Stewardship Fees rules, a petition for rulemaking to prohibit the collection of marine life for commercial aquarium purposes, the final adoption of of herbivore fishing regulations, and fines for illegal beach modifications on Oʻahu’s north shore. More information on each of these important issues as well as sample testimony can be found below.
Instructions to submit testimony and participate in meeting
Submit written testimony by emailing blnr.testimony@hawaii.gov by Wednesday, December 6, 9am.
Include the agenda item in your subject line.
Include your name in the email body/testimony.
If you would like to provide verbal testimony via Zoom, please indicate so in your email submitting your written testimony. Further instructions to provide testimony will then be emailed to you.
Verbal testimony will be accepted in-person at the meeting.
Verbal testimony will also be accepted in-person at the meeting.
Meeting begins at 9am on Thursday, December 7 and may extend into Friday, December 8.
Meeting is at DLNR Boardroom, Kalanimoku Bldg., 1151 Punchbowl Street, 1st Floor, makai side.
Upon arriving at the meeting, there will be a sign up sheet near the boardroom door to provide verbal testimony.
Testimony will be limited to three minutes per person.
You can also stream the meeting live on YouTube here.
East Maui RPs
Agenda item: D-8
What is happening: For the first time, the staff at DLNR is proposing to give less water to A&B than A&B has been demanding. It recommends that no more than 27.4 million gallons of water per day be taken out of East Maui streams. In the past, DLNR has authorized A&B to take as much as 45 million gallons and even 80 million gallons per day - far, far more than it ever needed or used. That’s the good news.
The not good news is that DLNR is recommending that BLNR Chair Dawn Chang be allowed to unilaterally increase this 27.4 mgd cap at any time without giving the BLNR or the public any notice or opportunity to review and comment. With our ongoing and worsening droughts, there is not going to be enough water to irrigate a proposed 10,000 acres of citrus trees in central Maui, and keep some water flowing in East Maui’s stream - emphasizing the need for more public scrutiny, not less, in the disposition of East Maui’s public trust waters.
The staff submittal also fails to require the lining of leaky unlined reservoirs, or the prompt modification of diversion structures that interfere with stream flow. It also fails to require that A&B provide essential information — like how much water drains from the unlined reservoirs every day.
Testimony:
Email: blnr.testimony@hawaii.gov
Subject line: Testimony for agenda item D-8
Testimony:
Aloha Chair Chang and members of the Board of Land and Natural Resources,
Thank you to DLNR staff for proposing, for the first time ever, to give A&B a reasonable amount of water based on its actual needs and uses. I urge the board to honor the staff’s recommendation and approve setting the maximum diversion amount from East Maui’s streams at 27.4 million gallons a day.
I also urge the board to reject the proposal to allow the Chair to increase this cap without giving the board or the public any notice, much less a chance to review and comment. As the board knows, we have been experiencing unprecedented and ongoing drought conditions, and yet there are current proposals to grow more thirsty citrus trees in Central Maui than East Maui’s streams may be able to handle. Increasing stream diversions during a time when our streams may be seeing less water than ever before may have significant impacts on the public’s many interests in our public trust water resources. The board must not abdicate its kuleana to conduct its own due diligence and independent review, informed by public and expert input, in its oversight of East Maui’s public trust resources.
Finally, I urge the board to mandate as a condition of this permit that A&B and Mahi Pono fix their diversion infrastructure and to use lined reservoirs, so that we can finally stop the waste of millions of gallons of water per day. Again, our drought conditions only emphasize the preciousness of our water resources, and such massive amounts of water waste can no longer be tolerated. The use of lined reservoirs in particular will allow Mahi Pono to grow much more food using much less water from East Maui’s streams, and provide a much more stable amount of available water during potential water shortages and to fight fires.
Thank you for your consideration of this important matter.
Sincerely,
[Your name]
Ocean stewardship fee
Agenda item: F-1
What is happening: 10 years after its original introduction and two years after the law passed, the “Ocean Stewardship User Fee” is one step away from becoming a reality! Take a moment to support this important proposal to help generate much needed funds to protect our marine ecosystems.
The proposed fee would require a $1 ocean user fee for each customer of a commercial vessel, watercraft, or water sports equipment operator and the revenue generated would be put towards a special fund to support marine conservation, mitigation, and protection programs, with a portion designated to the Office of Hawaiian Affairs. With millions of people visiting and enjoying our ocean waters every year, when implemented, this fee has the potential to generate $1,000,000 - $3,000,000 annually to be invested in Hawaiʻi's vitally important marine resources. You can learn more about the user fee here.
Testimony:
Email: blnr.testimony@hawaii.gov
Subject line: Testimony for agenda item F-1
Testimony:
Aloha Chair Chang and members of the Board of Land and Natural Resources,
I kindly urge the board to approve the final adoption of the Ocean Stewardship Fee rules. With millions of people visiting and enjoying our ocean waters every year, when implemented, this fee will help generate much needed funds to support Hawaiʻi’s marine conservation and protection, and importantly the Department of Land and Natural Resources’ work.
[Optional personal message]
Our nearshore waters are a key foundation of Hawaiʻi’s environment, culture, climate resiliency, and economy and deserve proper management to ensure our island’s health for generations to come.
Thank you for this opportunity to testify on this important matter.
Sincerely,
[Your name]
Aquarium fish collection petition
Agenda item: F-3
What is happening: Community groups including Kalanihale, KUPA Friends of Hoʻokena Beach Park, Moana ʻOhana, Koʻolaupoko Hawaiian Civic Club, and For the Fishes, have petitioned the Department of Land and Natural Resources to establish rules prohibiting the taking of marine life for commercial aquarium purposes.
The commercial take of marine life for the aquarium market has been a concern of Kānaka Maoli subsistence communities, ecologists, recreational fishers, and reef enthusiasts for decades. However, the DLNR has been unable to properly manage this industry, with Oʻahu rules that are not about environmental protection but to reduce waste, and West Hawaiʻi Island rules that were continually violated until a recent lawsuit invalidated all commercial aquarium collection permits, albeit temporarily. These community groups have finally said that enough is enough, and that a commercial aquarium collection ban is the only way to prevent this industry from further impacting our coral reefs.
Reef fish are essential components of a healthy nearshore ecosystem. They help to maintain the coral reefs that protect our shorelines from rising seas and coastal erosion; are a critical component of traditional fishing practices; have cultural and spiritual significance; and are a precious resource for residents and visitors alike. Commercial aquarium collection, driven by the immense profit to be made by selling certain reef fish - such as kole and lauʻipalā, herbivores that are critical to coral reef health - may have a disproportionate impact on reef biodiversity and ecological function, yet has not been properly managed in spite of decades of concern. As our economy rebuilds, the temptation to see our reef fish as nothing more than swimming dollar bills will only entice more and more companies to enter the trade - even further impacting our ecological integrity, cultural practices, food security, and climate resilience.
Community groups across the islands have long fought to stop the take of marine life for commercial aquarium purposes. This is your opportunity to support these groups and help protect our precious life sustaining coral reefs for generations to come!
Testimony:
Email: blnr.testimony@hawaii.gov
Subject line: Testimony for agenda item F-3
Testimony:
Aloha Chair Chang and members of the Board of Land and Natural Resources,
I kindly urge you to reject the staff recommendation, and approve the petition submitted by Kalanihale, KUPA Friends of Hoʻokena Beach Park, Moana ʻOhana, Koʻolaupoko Hawaiian Civic Club, and For the Fishes to enact the administrative rulemaking process to prohibit the take of marine life for commercial aquarium purposes.
Reef fish are essential components of a healthy near-shore ecosystem including the coral reefs that protect our shorelines from degradation by rising seas and coastal erosion, and are a critical component of traditional fishing practices, have cultural and spiritual significance, and are a precious resource for residents and visitors alike.
Commercial aquarium collection, driven by the immense profit to be made by selling certain reef fish - such as kole and lauʻipalā, herbivores critical to coral reef health - may have a disproportionate impact on reef biodiversity and ecological function, yet has not been properly managed in spite of decades of concern. As our economy rebuilds, the temptation to see our reef fish as nothing more than swimming dollar bills will only entice more and more companies to enter the trade - even further impacting our ecological integrity, cultural practices, food security, and climate resilience.
[Optional personal message]
I stand with the Kānaka Maoli and other community groups calling for a ban on commercial aquarium collection and urge you to do the same.
Thank you for your consideration of this important matter.
Sincerely,
[Your name]
Herbivore rules
Agenda item: F-5
What is happening: The BLNR will consider granting final approval to a set of rule changes intended to better steward our coral reefs, by establishing greater protections for certain herbivorous surgeonfish and uhu (parrotfish).
Herbivorous fish play key roles in the health and maintenance of our reef ecosystem, particularly in “grazing” algae and limu that can smother coral or prevent coral from growing. This in turn helps to enhance our climate resilience and reduce coastal erosion, while ensuring a healthy and abundant ecosystem for fishers, cultural practitioners, ocean enthusiasts, and all who have a stake in our ecological and cultural integrity.
By increasing size limits for kole and manini, setting more reasonable bag limits for kala (unicornfish) and uhu (parrotfish), and establishing annual commercial catch limits and additional commercial restrictions on the take of kala and uhu, these rules will help to better steward essential building blocks of a healthy coral reef ecosystem. These modest proposals will also still allow fishers to harvest more than enough of the targeted species to feed their families (and maybe a neighbor or two).
There has been some concern about the final proposed draft rules not including stricter bag limits on kala, a highly sought-after and long-lived species (studies on wild fish have shown that they may attain over 50 years of age), nor a ban on the taking of “blue” uhu that can disrupt reproductive cycles and lead to diminished reproductive output.
Testimony:
Email: blnr.testimony@hawaii.gov
Subject line: Testimony for agenda item F-5
Testimony:
Aloha Chair Chang and members of the Board of Land and Natural Resources,
I support, with amendments, the proposed rule changes to better protect herbivorous fish species that play a vital role in our reef ecosystems.
By increasing size limits for kole and manini, setting more reasonable bag limits for kala (unicornfish) and uhu (parrotfish), and establishing annual commercial catch limits and additional commercial restrictions on the take of kala and uhu, these rules will help to better steward critical species that are essential building blocks of a healthy coral reef ecosystem.
I appreciate that there have been many changes made to these rules since they were originally proposed, including the removal of nenue, wana, and several surgeonfish species from potential regulation, and the removal of bag limits for kole and manini. I do respectfully ask that the board consider reinstating the original proposed bag limit of 2 for kala - a long-lived and highly sought after species that may merit stronger protections. In addition, I also ask that you consider reinstating the proposed protection of “blue” uhu or supermales, given that the taking of these individuals can have a disproportionate impact on reproductive cycles and reproduction rates of these particularly important species.
[Optional personal message]
Accordingly, I ask that you vote in favor of adopting these rules, with the amendments requested above. Thank you for your consideration of this important matter.
Sincerely,
[Your name]
Fines for illegal beach modifications
Agenda items: K-1 and K-5
Position: Support proposed fines and penalties
What’s happening (from our friends at Surfrider Oʻahu): The Board of Land and Natural Resources will be evaluating recommendations from the Office of Conservation and Coastal Lands to bring fines and penalties against homeowners who have ignored notices of violation and expired temporary permits. Although Hawaiʻi has a strong policy against shoreline hardening, it is only in more recent years that OCCL has taken a stronger stance in ensuring that private property owners are held accountable for their actions. One of the homeowners on the agenda is Joshua VanEmmerik who laid rebar and poured concrete on the public beach in the fall of 2022.
Read more from Surfrider Oʻahu here.
Coco Palms at Wailuanui
Agenda item: D-6
What’s happening (from our friends at I Ola Wailuanui): The Board of Land and Natural Resources is considering several items related to the defunct “Coco Palms Resort” in Wailuanuiahoʻāno. The department’s staff recommendations are concerning and recommend that the leases and permits are issued to the developers.