Sunday, July 6, 2008

More tidbits...Possible new DLNR natural resource enforcement

I am putting these posts up in no particular order. The subject of this post is actually turning out to be the most noticeable problem with this project. Regarding DLNR's enforcement capabilities over indiscriminate harvesting and transport of natural resources, Christie Wilson wrote a good article a few weeks ago about this with interesting public comments:

This issue has also been mentioned in the OTF Reports relative to the ferry at:
OTF REPORT - 05.23.08.pdf See DOCARE Update p. 4, also see "Attachment H" pp. 76-77
OTF REPORT - 04.28.08.pdf See Prosecutor's Office Update p. 4

See also comment at:

On July 3rd the DLNR put this release out and it showed up in part in papers yesterday:


For Immediate Release: July 3, 2008


HONOLULU — In an effort to step up the protection and compliance with the state's natural and cultural resources laws, the Department of Land and Natural Resources (DLNR) will hold statewide public informational meetings, starting July 14, on draft rules to establish an administrative system to process DLNR's civil (non-criminal) enforcement cases in a just, expeditious and cost-effective manner. DLNR proposes to amend Hawai'i Administrative Rules, Title 13, Chapter 13-1, to add a new Subchapter 7, Civil Resource Violations System, that will authorize DLNR to:

-Issue citations for an alleged civil resource violation;
-Assess an administrative penalty for such a violation according to a penalty schedule adopted by the Board of Land and Natural Resources;
-Summon that person to answer the citation by choosing from three options
– 1) pay the fine 2) request mitigation; or 3) contest the citation;

"People in Hawai'i care deeply about our natural and cultural resources, and want us to do a better job in protecting them and enforcing against violations that harm our lands and environment" Laura H. Thielen, DLNR chairperson, said. "The civil penalty system to be set up under these draft rules is an important part of our new DLNR strategic plan, and will involve stakeholders and communities. We want to engage the public to help us finalize this draft and prepare for the rule-making process. We believe that public participation will be helpful to us and give us different perspectives," Thielen said. "We invite people to attend these information meetings and gain a better understanding of our enforcement action plan, and to provide ideas to improve that plan. We will also seek further input later when we come back for a second round of public hearings," she added.

At the same time, DLNR also proposes to amend and compile other subchapters of Chapter 13-1, HAR, which are related to the enforcement process as well; in particular Subchapter 5, Contested Case Proceedings; and Subchapter 6, Post-Hearing Procedures for a Hearing Conducted by a Hearing Officer.

On June 13, 2008, the Board of Land and Natural Resources gave approval for the Department to hold statewide public hearings for the proposed amendment of Chapter 13-1, HAR, including the adoption of Subchapter 7.

The meetings are intended is to allow the public to be informed of this new enforcement process as proposed in the new rules, to ask questions on the rules, and to engage in live discussion with DLNR staff.

The proposed rules and the accompanying staff submittal to the Land Board are now posted on DLNR's website. For review and download, please go to, and click on "Announcements."

The public information meetings schedule is as follows:
Maui: Monday, July 14, 11 a.m. – 1 p.m. (Bring your own lunch.) Kahului Community Center, 275 Uhu St, Kahului, HI 96732
Lanai: Friday, July 18, 11 a.m. – 1 p.m. (Bring your own lunch.) Lanai School Cafeteria, Fraser Avenue, Lanai City, HI 96753
Kona: Tuesday, July 22, 11 a.m. – 1 p.m. (Bring your own lunch.) Honokohau Marina, Big Game Fishing Clubhouse 74-380B Kealakehe Pkwy; Kailua-Kona, HI 96740
Hilo: Tuesday, July 22, 5 – 7 p.m. State Office Building, 75 Aupuni Street; Hilo, HI 96720
Honolulu: Thursday, July 24, 11 a.m. – 1 p.m. (Bring your own lunch.) DLNR Boardroom, Kalanimoku Building 1151 Punchbowl Street, Room 131, Honolulu, HI 96813
Kaua'i: Tuesday, July 29, 11 a.m. – 1 p.m. (Bring your own lunch.) Lihu'e State Office Building, 2nd Floor, Conference Room C 3060 Eiwa Street, Lihue, HI 96766
Moloka'i: Friday, August 1, 11 a.m. – 1 p.m. (Bring your own lunch.) Mitchell Pauole Center 90 Ainoa Street, Kaunakakai, Moloka'i, HI 96748

Written comments may be submitted at any of the meetings or sent to Department of Land and Natural Resources, Administrative Proceedings Office, 1151 Punchbowl Street, Room 130, Honolulu, Hawaii 96813, or to

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Christie Wilson had another good article on these matters today which has gotten a lot of public comment already:

Aloha, Brad

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