HomeMy WebLinkAboutRES 131 Draft 01 2012-2014 .. ..
COUNTY OF HAWAII
....,:-?-,.."177,9_f..w .-( ,' "/. H STATE OF HAWAII
RESOLUTION NO. 131 13
A RESOLUTION URGING THE GOVERNOR TO INSURE THAT PROPOSED
AMENDMENTS TO THE DEPARTMENT OF LAND AND NATURAL RESOURCE'S
ADMINISTRATIVE RULES RELATING TO THE TERMINATION OF SCUBA SPEAR
FISHING AND THE PUAKO FISHERIES MANAGEMENT AREA BOUNDARY BE
PLACED IN THEIR ORIGINAL FORM AND ENTIRETY BEFORE THE BOARD OF
LAND AND NATURAL RESOURCES FOR DECISION MAKING.
WHEREAS, the Department of Land and Natural Resources' (DLNR) mission statement
reads: "Enhance, protect, conserve and manage Hawaii's unique and limited natural, cultural and
historic resources held in public trust for current and future generations of visitors and the people
of Hawai`i nei in partnership with others from the public and private sectors"; and
WHEREAS, he Hawai'i Supreme Court has made clear that water, including our coastal
waters, is a constitutionally protected public trust resource; and
WHEREAS, the use of coastal waters is governed by the public trust doctrine, which
mandates that in the case of uncertainty, that caution and conservation must prevail in all related
government decision-making, and that the governing body must act as a trustee protecting the
affected public trust resources for the benefit of this and future generations; and
WHEREAS, pursuant to the corollary precautionary principle, the burden of
demonstrating the usage at issue will not harm the resource is on the user, not on the public or the
government entity; and
WHEREAS, the proposed prohibition of scuba spear fishing is a precautionary measure
aimed at conservation of certain fish species and the web of marine life related thereto; and
WHEREAS, the scuba spear fishing sector has not demonstrated that its use—scuba spear
fishing in coastal waters—will not deplete the population of the fish species usually targeted; and
WHEREAS, spear fishing without scuba will still be permitted; and
WHEREAS, after ten years of discussions and delays regarding the amendments, 1,206
persons testified, 565 from West Hawai`i alone; and
WHEREAS, 97% of the West Hawai`i testimonies favored the Puako Fisheries
Management Area (FMA) boundary change and 89% favored the termination of scuba spear
fishing in the West Hawai`i Regional Fishery Management Area; and
WHEREAS,the revision and clarification of the Puako FMA boundary is necessary, as
the present boundary does not take into account the seaward reach of the fringing reef; and
WHEREAS, the scientific community testified unanimously in favor of all the proposed
amendments; and
WHEREAS, Division of Aquatic Resources biologist William Walsh, compiled a 43-
page report supporting the scuba ban; and
WHEREAS, scuba spear fishing has been banned in many countries and most all island
nations in the Pacific; and
WHEREAS, the Chairman of the DLNR, Mr. William Aila, has indicated his intention to
remove certain proposed amendments having to do with the termination of scuba spear fishing and
the Puako FMA boundary; and
WHEREAS, Mr. Aila is not acting in the best interests of West Hawai`i, and his actions
are neither transparent nor validated by science and public sentiment; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
urges the Governor to insure that the proposed amendments to the Department of Land and
Natural Resources Administrative Rules relating to the termination of scuba spear fishing and the
Puako Fisheries Management Area boundary clarification be retained in their original form and
entirety before the Board of Land and Natural Resources for decision making.
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this
resolution to the Honorable Governor Neil Abercrombie; the Chairman of the Department of
Land and Natural Resources; and the Honorable William P. Kenoi, Mayor, County of Hawai`i.
Dated at , Hawai`i, this day of , 2013.
INTRODUCED BY:
V
OUNCIL M BER, COUNTY OF HAWAI`I
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COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF
FORD
I hereby certify that the foregoing RESOLUTION was by ILAGAN
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawai`i on
KERN
ONISHI
ATTEST: POINDEXTER
WILLE
YOSHIMOTO
Reference: C-316/Waived AWESC
COUNTY CLERK CHAIRPERSON& PRESIDING OFFICER RESOLUTION NO. 131 13
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