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HomeMy WebLinkAboutCOM 0372.003 2024-2026 of*1 14,4q C.Kinto Alameda,Ph.D. Leomana Turalde Mayor Chair Taysen Wong Chong William V.Brilhante,Jr. Vice Chair Managing Director Robert Duerr Brian Ley Merrick Nishimoto Cortney Okumura Deputy Managing Director Justin Ackerman County of Hawai'i Game Management Advisory Commission 25 Aupuni Street,Suite 2603 o Hilo,Hawai'i 96720 , (808)961-8211 a Fax(808)961-6553 KONA: 74-5044 Ane Keohok5lole Hwy.,Bldg C * Kailua-Kona, Hawai'i 96740 (808)323-4444 o Fax(808)323-4440 July 3, 2025 To: County of Hawai'i County Council Members c/o Dr. Holeka Goro Inaba C= 25 Aupuni Street E Hilo HI 96720 C—, From: Hawai'i County Game Management Advisory Commission > _-;-. c/o Mr. Leomana Turalde, Chair CD 74-5044 Ane Keohokalole Hwy., Bldg C, 2nd FL Kailua-Kona, HI 96740 SUBJECT: Recommendations for Bill 66, General Plan 2045 Aloha Chair Inaba and Council Members, Mahalo for this opportunity to participate in the County General Plan Comprehensive Review process. In order to fulfill its advisory function, the Hawai'i County Game Management Advisory Commission("GMAC")held a special meeting on July 1, 2025, to draft and approve recommendations to the County Council for the County of Hawai'i, General Plan 2045, Final Recommended Draft, July 2024 ("Bill 66"). These recommendations are contained within Appendix A. Basis for GMAC advising the Council Hawai'i County Charter ("County Charter") Section 6-9.3. "Game Management Advisory Commission" states, in part: "For the benefit of present and future generations, the game management advisory commission shall advise County, State and Federal agencies on matters related to the preservation of subsistence hunting and fishing, as well as protecting traditional and cultural gathering rights. The commission may also advise County, State, and Federal agencies on any matter affecting the taking and conservation of aquatic life and wildlife, • County of Hawai'i is an Equal Opportunity Provider and Employer, i�,-f To:P15 V I Vey including proposed rules, and shall communicate its findings and recommendations to these agencies. The commission shall promulgate recommendations that conserve and protect the natural and cultural resources of Hawaii in furtherance of the self-sufficiency and long-term subsistence sustainability of aquatic life and wildlife in the County." The GMAC's Rules of Practice and Procedure state, in part: "Rule 1. Powers and Duties a. For the Benefit of present and future generations, the Game Management Advisory Commission shall advise County, State, and Federal agencies on matter related to the preservation of subsistence hunting and fishing as well as protecting traditional and cultural gathering rights. b. The Commission may also advise County, State, and Federal agencies on any rules, and shall communicate its findings and recommendations to these agencies. c. The Commission shall promulgate recommendations that conserve and protect the natural and cultural resources in furtherance of the self-sufficiency and long-term subsistence sustainability of aquatic life and wildlife in the County." Issues with Bill 66 as related to game management: A word search within Bill 66 revealed the following issues related to game management: • The terms "Game Management" and GMAC are not mentioned. • The word"hunting"is only mentioned on pages 110 and 174 with only one related Action(35.p). • The word"fishing"is only mentioned on pages 123, 153, 206, and 247 with only one related Policy(24.9) and two related Actions (35.p and 46.i). • The word"gathering" as it relates to traditional and customary practices is only mentioned on page 110 with no associated Policy or Action. • The word"practices" as it relates to game management and traditional and customary practices is mentioned on pages 15, 20, 35, 38, 39, 45, 47, 62, 68, 78, 79, 80, 81, 89, 97, 110, 164, 175, 201, and 205. There are fourteen related Policies (3.1-3.11, 6.9, 13.44, and 46.9),but only three related Actions (4.g, 10.c, and 11.a). • The word"invasive"is contained on pages 41, 42. And 43 in one related Policy(1.9) and two related Actions (l.g, Lx). • The Glossary does not include important terms, such as "Traditional and Customary Rights", "Subsistence", and"Public Trust Doctrine". • Protection of public access,preservation of subsistence hunting and fishing, and protection of traditional and customary gathering rights are not presented in an organized and clearly implementable manner. • There are no specific Policies or Actions to create and implement game management plans and/or ensure collaboration between the GMAC and county agencies. County of Hawaii is an Equal Opportunity Provider and Employer. 2 Because the GMAC and Hawaii Island individuals and organizations involved in hunting, fishing, and other game management activities have faced long-standing problems, it is important for solutions to be presented. Again, mahalo for this opportunity for the GMAC to advise the Hawaii County Council in the matter of the General Plan Comprehensive Review as it relates to Bill 66. Please consider the proposed recommendation to amend Bill 66 as contained within Appendix A. 4Leod1ama pono, mana Turalde Chairman GMAC County of Hawai'i is an Equal Opportunity Provider and Employer. 3 APPENDIX A GAIAC Recommendations for Bill 66 On Page 40, Table 2: Biocultural Stewardship Opportunities, add: Game Manay-emen • Collaborate with the County Game Management Advisory Commission on matters related to preservation of subsistence hunting and fishing, as well as protecting traditional and cultural gathering rights resources in furtherance of the self-sufficiency and long-term subsistence sustainability of aquatic life and wildlife in the County. [County Charter Section 6-9.3, GMAC Rules of Practice and Procedure] Proposed Additions to the Glossary: Game Management is to manage, sustain, and enhance habitat and populations of game mammals,birds, and/or fish as related to the preservation of subsistence hunting and fishing as well as protecting traditional and cultural gathering rights, in accordance with Hawaii Revised Statutes 183D-2, which states, in part, that: (A) Game mammals and game birds provide a sustainable food source that merits high-quality habitats with sufficient food, water, and refuge to support viable populations sufficient for hunting(B) Proper management of game populations in appropriate areas minimizes the impacts of these populations and provides benefits to important watershed areas, including weed control and the reduction of grass fire fuel, and (C) The State's unique relationship with the ocean requires careful consideration and management of land and ocean activities that prioritize the public trust responsibilities of the State, including the conservation of natural resources for future generations and the protection of native Hawaiian traditional and custornM practices pursuant to article X1, section 1, and article X11, section 7, of the Hawai'i State Constitution respectively and in accordance HRS 183D-2 in its entirety dealing with Wildlife "powers and duties." Gathering Rights are those rights possessed by Native Hawaiians to access and gather from lands as allowed by Article X11, Section 7 of the Hawai'i Constitution, Hawai'i Revised Statutes §§ 1-1 and 7-1, Kalipi v. Hawaiian Tr. Co., 66 Haw. 1, 656 P.2d 745 (1982) ; Pele Def. Fund v. Paty, 73 Haw. 578, 837 P.2d 1247 (1992); Pub. Access Shoreline Hawaii by Rothstein v. Hawai'i Cnty. Plan. Conitn'n by Fujimoto, 79 Haw. 425, 903 P.2d 1246 (1995); and Ka Pa'akai 0 Ka'Aina v. Land Use Comm'n, State of Hawai'i, 94 Haw. 31, 7 P.3d 1068 (2000), as amended (Jan. 18, 29911. Loko Pa is a traditional Hawaiian fishpond that used for the cultivation and management of fish. These fishponds were constructed by ancient Hawaiians as a means of sustaining a reliable source of food. Today,many Loko Fa are being restored and are used for cultural and educational purposes, as well as for the cultivation and management of fish for commercial and personal use. They are an important part of Hawai'i's cultural heritage and are valued for their contributions to the sustainable use of natural resources. Pubfic Trust Doctrine is the legal doctrine that, for the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawai'i's natural beauty and all natural resources, including land, water, air,minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with County of Hawai'i is an Equal opportunity Provider and Employer. 4 their conservation and in furtherance of self-sufficiency_[Article XI, Section 1, Hawai'i Constitution; see also Pub. Access Shoreline Hawaii by Rothstein v. Hawai'i Cnty. Plan. Comm.'n by Fujimoto, 79 Haw. 425, 903 P.2d 1246 (1995) noting "The western concept of exclusivity is not universally applicable in Hawaii." Subsistence Practices is the customary, traditional and current use of wild and cultivated renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, transportation, culture, religion, and medicine; for barter, or sharing, for personal or family consumption; and for customary trade. Traditional and Customary Rights are those rights protected under the Hawaii Constitution for subsistence, cultural, and religious purposes. Gathering and access rights are the two most basic examples of traditional and customary practices protected under State law. These practices include walking along ancestral trails, song, dance, and chant about an area, celebrating the land and the flora and fauna that grow upon it, and honoring the current and historical significance of the area, cultural ceremonies comparable to religious ones, Hunting and-gathering activities conducted in accordance with Hawaiian norms and values extant from 300-1400 A.D. were customary and traditional notwithstanding changes in the items that they gather. [Hawaii Constitution, Article XII, Section 71 Proposed Changes to the Glossary: Ahupua'a is a Hawaiian word that means a land division usually extending from the uplands to the sea, so called because the boundary was marked by an ahu (drystack rock altar) surmounted by an image of a pua'a(pig), or because a pig or other tribute was laid on the altar as tax to the chief. The landlord or owner of an ahupua'a might be a konohiki. An Ahupua'a is a Native Hawaiian socio-economic system that functioned to maintain and perpetuate the health and well- being of the ecology within strips of land running from the sea to the mountains and containing a sea fishery and sea beach, a stretch of kula or open cultivatable land and higher Lip its forest. All ghupua'a have specific names and definite boundaries delineated by drystack stone walls or by natural features, such as gulches, ridges and streams. Hoa'dina or native tenants live within 4hu Pua'a with rights to access both government and privately owned land for traditional and customary Native Hawaiian subsistence, cultural, and religious purposes. Collaborative Biocultural Stewardship represents an approach to sustainable development that emphasizes collaboration and partnership building among stakeholders and refers to the integration of cultural and natural resource management strategies to promote conservation, sustainability, and resilience. highlights integration of cultural and natural resource management strategies to promote conservation, sustainabilfty, and resilience. It is part of the larger effort to restore 'dina momona (fertile life of the land), with focus on the management of forest, streams, wildlife, nearshore fisheries, traditional crop diversity, traditional food systems, and health and wellness-, as well as the legal and policy steps needed to build a foundation that can facilitate this change_[Journal of Sustainability, "Biocultural Restoration in Hawaii"]. Proposed Policy and Action Additions: Under Collaborative Biocultural Stewardship Objective 1, "Increase the biodiversity and resilience of native habitats, - add the following POLICIES: • Support and collaborate with the county Game Management Advisory Commission to . conserve and protect the natural and cultural resources in furtherance of the self-sufficiency County of Hawaii is an Equal Opportunity Provider and Employer. 5 and long-term subsistence sustainability of aquatic life and wildlife in the County. [County Charter Section 6-9.3] • Encourage the sustainable development of the fishing industry, various forms of aquaculture and other fresh and sea water-based activities. [current General Plan] • Coordinate programs to protect natural resources with other government agencies. [current General Plan] • Develop policies by which Native Hawaiian gathering rights will be protected as identified under judicial decisions. [current General Plan] • Protect all rights, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaa tenants who are descendants of Native Hawaiians who inhabited the Hawaiian Islands Prior to 1778, subject to the right of the State to regulate such rights. [Draft General Plan 2040 ("GP2040"), Policy 420; current General Plan Public Access,Natural Resources, Health] [Rationale: Based on identified gaps in county code and an over-reliance on State statutes to address Native Hawaiian rights. See HRS Sections 1-1, 7-1, and Article XII, Section 7 of the Constitution of the State of Hawai'i.] Under Objective 1, POLICIES, add ACTIONS: • Codify protections of Native Hawaiian customs and gathering rights related to access and cultural preservation. [GP2040,Action 4.71] Under Collaborative Blocultural Stewardship Objective 3, "Increase direct community restoration and collaborative efforts to conserve and nourish the island's biocultural resources, add the following POLICIES: • Ensure public access is provided to the shoreline, public trails and hunting areas, including free public parking where appropriate. [GP2040, Policy 423.] • Establish a program to inventory ancient trails, cart roads and old government roads on the island in coordination with appropriate State agencies. [current General Plan] • The County of Hawaii shall establish public access to and along the shoreline to significant historic sites,public transit along the top of cliff, streams and other natural water courses, mauka trails, facilities, and access to sites for gathering, fishing, hunting, and other recreational purposes and in accordance with Hawaii County Code Chapter 34. [GP2040, Policy 404] [Rationale: Based on existing County Code 34, current General Plan Policy 12.3 (1,in),Ka'a CDP Policy 81, and Hdmdkua CDP Policy 48] • Protect all rights, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupua'a tenants who are descendants of Native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. [GP2040,Policy 420; current General Plan Public Access,Natural Resources, Health] [Rationale: Based on identified gaps in County code and an over-reliance on State statutes to address Native Hawaiian rights. See HRS Section 1-1, 7-1 and Article 12 Section 7 of the Constitution of the State of Hawai'i.] • Prior to disposing of, leasing, or transferring public lands, including public roads or trails, public access potentials shall be assessed, documented and protected if public access use is in the public's interest. [GP2040, Policy 406] [Rationale: Based on existing HRS Section 46- 1.5, Hdmdkua CDP Policy 50, and current General Plan 12.3 (n).] County of Hawaii is an Equal Opportunity Provider and Employer. 6 • Ensure that publicly owned historic trails and roads are properly identified and consultation occurs to protect the public's interests. [GP2040, Policy 407] [Rationale: Based on the Highways Act of 1892, Hdindkua CDP Policy 50, and the current General Plan 12.3 (n).] • Seek private-public partnerships to manage and maintain public access to the shoreline, fishing areas, public trails, hunting areas, scenic places and vistas, and significant historic sites,buildings, and objects of public interest. [GP2040, Policy 413] • Ensure Native Hawaiian access rights are clearly expressed in County code, policies, and procedures. [GP2040, Policy 419] [Rationale: Based on identified gaps in County code and an over-reliance on State statutes to address Native Hawaiian rights. See HRS Section 1-1, 7- 1 and Article 12 Section 7 of the Constitution of the State of Hawal'i.] • Prioritize and maintain an education and awareness program for County employees regarding Native Hawaiian culture, values, and resource management. [GP2040, Policy 421] [Rationale: Based on identified gaps in County capacity to sensitively address Native Hawaiian issues.] • County staff shall include qualified personnel versed in Hawaiian language, Hawaiian history, and historic preservation to provide dedicated expertise in support of the objectives, polices, and actions stated in this plan. [GP2040, Policy 422] [Rationale: Based on identified gaps in County capacity to sensitively address native Hawaiian issues.] • Ensure access for cultural practitioners in areas that may not be appropriate for public access (e.g. Burial sites, specific heiau, traditional and customary practice areas). [GP2040, Policy 423] [Rationale: Based on examples of sensitive areas that may need special treatment based on cultural protocol.] Under Objective 3, POLICIES, add ACTIONS: • Support the creation of an inventory and mapping of game management areas, complete with access, easement, and restriction information, and identify, inventory, and map important Native Hawaiian cultural and historic places, traditional cultural properties and resources, traditions, and practices, through the use of architectural, archaeological, ethnographic surveys, and oral histories. [current General Plan, Mapping; "Hawai'i County Scenic Resources and Mapping Project", August 1, 2016; GP2040,Action 4.72] • Identify by GPS coordinates all existing historic trail alignments that (a)have been recommended for preservation by SHPD, (b) appear on historic maps and/or are known by oral tradition and incorporate these into the County GIS database. [GP2040, Action 4.51 • Add public access requirements as listed in Hawaii County Code Chapter 34, "Public Access,"to apply to Chapter 23 Subdivision Code, SMA review, zoning code, special permits, etc. [County Codes 23 and 34, Planning Department applications] • Develop and implement a public-private program to establish and manage specific access points and trails. [GP2040, Action 4.55] • Establish a County of Hawaii Public Access and Trail Program with sufficient staff and resources. ["Hawai'i County Scenic Resources and Mapping Project", August 1, 2016; GP2040, Action 4.56] • Coordinate with State agencies to improve access and access/trail management resources (including policies, conditions, identification, cataloguing, enforcement, maintenance, etc.). [GP2040,Agency Action 4.67] • Consider establishing a working group with surrounding landowners and the user-community to educate users and manage ATV and OHV use and ensure that non-pedestrian allowances are not permitted within sections of modem trails that overlap, are congruent, or correspond to ancient or historic trails and its associated features. [GP2040, Agency Action 4.68] County of Hawaii is an Equal Opportunity Provider and Employer. 7 • Coordinate with hunting associations and other land stewards, to establish clear-defined hunting policies and disseminate education regarding these policies. [GP2040, Agency Action 4.69] County of Hawaii is an Equal opportunity Provider and Employer. 8