HomeMy WebLinkAboutCOM 0316.001 2012-2014 r......,‘, Phone No. Hilo: (808)961 8027
Margaret Wille ;,...,Council Member +. Phone No. Waimea: (808) 887-2043
District 9-North and South Kohala � Fax No.: (808) 887-2072
11'-‘,et I* • E-Mail: mwille @co.hawaii.hi.us
.ATE 6;'4;,•!-.
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building Holomua Center West Hawaii Civic Center Bldg.A
25 Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5 74-5044 Ane Keohokalole Hwy.
Hilo, Hawaii 96720 Waimea, Hawaii 96743 Kailua-Kona, Hawaii,96740
TO: J Yoshimoto, Chair c--)
and Members of the Hawaii County Council '�'' n
0
FROM: Margaret Wille, Council Member — --4
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Date: June 17, 2013 1 -' r
Subject: Proposed Amendments to Resolution No. 131-13; Relating to Scuba Spear ,
Fishing and the Puako Fisheries Management Area Boundary
Please find attached proposed amendments to Resolution No. 131-13. The amendments are
illustrated below via Ramseyer format; material to be deleted is bracketed and stricken through;
material to be added is underscored. The proposed amendments read as follows:
1. Amending the Title to read:
"A RESOLUTION URGING [ - - . ! - ' . 9 ' '- • - - 0 - - • " 9 ' 9 . . 1
. 9 . . II .• I . • I . • . • . . . . , ■ 7
D9 . I • '
_ . • _ . • . • , • • - . . • ,, • . . ;,. . ; . - ! ' :. THE BOARD OF
LAND AND NATURAL RESOURCES TO APPROVE THE RULE PACKAGE FOR
WEST HAWAII, INCLUDING A BAN ON SCUBA SPEAR FISHING AND THE
CLARIFICATION OF THE PUAKO FISHERIES MANAGEMENT AREA BOUNDARY
[ . • ' ■ :, . e . .4 • . . i."
2. Amending the second Whereas clause to read:
"WHEREAS, the Hawai'i Supreme Court has made clear that water, including our
coastal waters, is a constitutionally protected public trust resource; and"
3. Amending the final Whereas clause to read:
"WHEREAS, Mr. Aila [is not] would not be acting in the best interests of West Hawai`i,
and his actions are neither transparent nor validated by science and public sentiment; now,
therefore," 2 ��
Serving the Interests of the People of Our Island Comm. N• J
Hawai`i County Is An Equal Opportunity Provider And Employer Ref.To: riall
Ref. Date, JUN 18 I
June 17, 2013
Page 2 of 2
4. Amending the Enacting clause to read:
"BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
urges the [_ - - - . - . - . . . - - . D- :. -
.. . . . . .
form and entirety before] the Board of Land and Natural Resources to approve the rule
package for West Hawai'i, including a ban on scuba spear fishing and the clarification of the
Puako Fisheries Management Area Boundary [for decision making]."
A draft copy of Resolution No. 131-13, Draft 2, is attached with these amendments incorporated.
M W/dh
att
A RESOLUTION URGING THE BOARD OF LAND AND NATURAL RESOURCES TO
APPROVE THE RULE PACKAGE FOR WEST HAWAII, INCLUDING A BAN ON
SCUBA SPEAR FISHING AND THE CLARIFICATION OF THE PUAKO FISHERIES
MANAGEMENT AREA BOUNDARY.
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 Hawaii nei in partnership with others from the public and private sectors"; and
WHEREAS, the 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 Hawaii 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 would not be 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 Board of Land and Natural Resources to approve the rule package for West Hawai'i,
including a ban on scuba spear fishing and the clarification of the Puako Fisheries Management
Area Boundary.
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.