HomeMy WebLinkAbout2015-07-20 Game Management Advisory Commission Minutes
Hawaii Game Management Advisory Commission Meeting
Minutes – July 20, 2015
Game Management Advisory Commission
County of Hawaii
Minutes
Meeting Date: Monday, July 20, 2015
Time: 6:30 p.m.
Place: Hawaii County Building – Council Chambers
I. CALL TO ORDER: Meeting was called to order at 6:30pm.
II. ROLL CALL: Per Bobby Command:
Willie-Joe Camara, District 1 - here
Dwayne “Ike” Yoshina, District 2 – here
Ryan Kohatsu – here
Naniloa Pogline - here
Thomas H. Lodge, District 5 - here
Kenneth “Kalani” DeCoito, District 6 - absent
District 7 - vacant
Mark C. Bartell – District 8 – here
Jonathan Bertsch - here
District 9 - vacant
Quorum established
ALSO PRESENT: Belinda Hall, Corporation Counsel
B. Command, Deputy Planning Director
B. Kossow, Secretary
GUESTS: J. B. Friday, UH, Cultural Research
Bryan Mayberry, Pohakuloa Training Area
Jon Pohemius, Pohakuloa
IV. APPROVAL OF MINUTES: Action: W. Camara moved to defer the approval
of the minutes to next meeting; seconded by M. Bartell. Motion carried
unanimously by voice vote.
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Action: Motion by D. Yoshina to accept report as circulated; Seconded by
W. Camara. Motion carried unanimously by voice vote.
VI. Public Testimony on Agenda Items:
Steven Araujo: Good evening Council Members. Point of clarification, Mr.
Chairman, although my voice does resonate at times I am not a hostile
testifier. So I would like to assist this commission on its — on reaching its
goals and helping the public achieve what the public needs to achieve,
yeah, which is hunting rights and all that kind of thing. OK? So I'd like to
testify on some items on the agenda, but I'd like to testify on the agenda,
OK? First of all, the agenda is very vague — if you look at it from our
standpoint - back in the gallows — you just approved a budget report. If I
wanted to testify on the budget report, what would I testify on? There are
no numbers, there are no expenditures —we don't even know what your
budget is —where you guys spent your money or whatever, so in that
respect, your agenda is very bare bones with bones missing, so, you
know, you need to beef it up. Give us information so that we can testify,
OK? Number two — the agenda needs to come out more than 3 days
before the meeting. There is no ample time for anybody to gather
information for testimony. So, you know, this needs to come out earlier. I
don't know who's responsible for it— but it needs to come out earlier. OK.
On your— on the agenda — you have a presentation by J. B. Friday,
University of Hawaii Agriculture — regarding the Ohia die off. You know a
lot of guys wouldn't know how to testify on that, OK? But being in this for
many decades, some of the things I know, maybe you folks are not aware
of this — it came in the newspaper that there's a virus affecting the Ohia —
but if you go back in time — there was research being done on — I don't
know if it's a 5-spotted or a 7-spotted — I can't get that number right— but
it's a spotted-winged lace hopper— research was being done up in Hawaii
Volcanoes National Park back in the 80s, OK? The researcher lost his
funding so what the researcher did was he released that spotted-winged
lace hopper in different areas of Hawaii Volcanoes National Park. There's
evidence of the damage the Park Service and whoever the researcher
was getting his money from put everything under wraps. We brought this
up many times but nothing was put forth by that— so although there's a
virus or mold whatever on the Ohia — think outside the box — maybe this
needs to be investigated because some of the spotted-winged lace hopper
was in Hawaii Volcanoes Village, which is outside of the park, so the
National Park was all the way down to where the Ohia is dying off— so
keep that in mind, please. Also, there's Bryan Mayberry, sorry about if I
pronounce your name wrong but it states over here hunting activities,
hunting club opportunities. I would advise the members of the council if
you are or your club is going to be involved in this — check with the
attorney— make sure you folks not going be in violation of ethics violations
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or anything that going get any member of this council in trouble if you're a
member and you going be allowed to go hunting there. Like I said, this is
kind of vague so I just kinda like saying what I need to say. Well, I don't
know what kind of rules that you folks going look at but, you know, we the
public should also know what kind of rules this council is thinking about,
yeah?
Committee reports - you need more than just to say just committee
reports. You need to say what committee, who the chair, what's the
substance of the report so that we know what's happening on the
committees. Also, it says number X — Commissioners Report by District.
This one I cannot figure out. OK? If the commissioners are gonna do a
report from their districts — I have not heard of any district information
gathering meeting that the public could attend to have this council address
our concerns. When we grumble with the County Council, we grumble
with our legislators and all of that kind of thing, we tell `em, "Eh! We're
here! Come to us. Come get our concerns. Take it back." I also saying this
to the council. You know, I'm in District 5 so I'm your constituent,
whoever's in District 2, District, I mean, this council needs to come to their
constituents and have an open meeting, I mean, this would be a good
forum, you know, just bring the guys in and have them sit down and voice
their concerns to this council. We're — this committee — can have
substance. You can become a formidable force because the bag of
cookies was taken away from the hunters. OK, let's use the hunting as a
bag of cookies. So, if you want your bag of cookies back from the guy that
took your bag of cookies — are you gonna ask, "Oh, please may I have a
cookie?" Or are you gonna say, "Eh, give me my bag of cookies back."
And take your bag of cookies back. Nothing will be given back to the
hunters that was taken. The hunters and the commissioners, you guys,
have to fight for it because there is nothing new that is happening now that
we didn't fight 25 years ago. You guys are in the same place we was 25
years ago, nothing resolved. I can guide you to become that formidable
force. I can assist you in finding the avenues and the roads that you need
to go and where you can get your information from so that you can
become knowledgeable in the subject that you are fighting for us and
become that formidable force. There a lot of us older guys that have a lot
of wealth and knowledge because we've been there. So with that— and if
this council would take this -just taking advice — I'd also like to mention
this little book. It's called Robert's Rules of Order. I think maybe if you all
haven't read it— you should read it, carry it with you, bring it to the
meetings, also carry a copy of the Sunshine Law, bring the Sunshine Law
with you — everybody carry one of these. You can reference these, which
will make your meeting have more meat. It will get your agenda done and
you'll have some kind of resolution. Oh, also — on your agenda — you do
not have a space for Old Business. I for one, would have liked to testify on
the meeting that was held in this building last month with Suzanne Case.
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So you need a space for that— there is Old Business — everything cannot
be New Business because I know that there's a lot of Old Business that
this council has not finished yet. So, I thank you very much for your time -
you folks have a good one — and have a good meeting.
BCH: Belinda Castillo Hall Deputy Corporation Council is the newly appointed
attorney to represent GMAC. She shared her thoughts that part of what is
on the agenda maybe call for an executive session where we will discuss
and go back and try to start on a point of commonality with the public as
well as the commissioners and its relationship to the Mayor's Office.
GMAC is an advisory commission to the Mayor.
Roberts Rules of Order and Sunshine Law need to be reviewed as well as
interactions between board members. Sunshine Law and interaction
binders were provided for board members. This is a new fiscal year
(2015-2016). The goal is to start fresh. GMAC is trying to accomplish
much of what the public wants. This board has obligations and
responsibilities. She appreciated the public comments and plans to
address concerns. She also apologized for the agenda. Sunshine Law
states the agenda must be posted at the County's official site (bulletin
board at Aupuni Center) at least six days prior to the meeting. The
County's internet is not the official site for posting agendas. However, you
may ask to be on a mail list either Email or US Mail but again, US Mail will
probably take 3-days to get to you.
Lastly, old business really should be considered Unfinished Business.
We are in the process of promulgating rules on how to conduct business
and what's on our agenda,
She thanked Steve Araujo for his comments and also said that we are
receptive to what the concerns are of the community on how we actually
conduct business for this commission.
VII. PRESENTATION AND DISCUSSION:
1. Election of Officers: Chair and Vice Chair for Fiscal Year July 1, 2015 —
June 30, 2016
a) Nomination open for Chair:
Action: W. Camara moved to nominate Tom Lodge to continue being
the Chair for FY 2015-2016; Seconded by R. Kohatsu. Motion carried
unanimously by voice vote.
b) Nomination open for Vice Chair-
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Action: M. Bartell moved to nominate Willie-Joe Camara as the Vice
Chair for FY 2015-2016; Seconded by D. Yoshina. Motion carried
unanimously by voice vote.
2. J. B. Friday, University of Hawaii Agriculture Research regarding
"Ohia Die Off" power point presentation
J.B. Friday does outreach and research statewide in Hawaii and is the
Extension Forrester with the University of Hawaii Cooperative Extension
Service and is working on this problem which is one of the most alarming
conservation problems that he has seen in his 25 years of being in Hawaii.
Also working with J.B. is Flint Hughes from Forest Service and colleague
Lisa Keith who is a pathologist with the USDA Agricultural Research
Service also in Hilo.
For information — visit the website http://www.ohiawilt.org to review
maps where the disease (ceratocystis wilt) was found and confirmed. You
may view photographs of what the trees and cut wood looks like in the
forest. The website is updated regularly. You may download the CTHAR
college publication. Copies were circulated to commission members. If
you have a Smart Phone you may use the QR code you just snap it and
go directly to the website.
JBF noted that they are in the voluntary educational mode — not at
compliance at this time. Stay informed and report any sightings of any
suspected trees. This disease is similar to Dutch Elm disease. It's in the
wood, it disrupts the vascular tissue and causes the whole thing to wilt.
Also recommend not moving wood out of diseased areas. This disease is
in the wood and soil. Recommend folks who gather from the forest or hunt
sanitize before leaving the area so as not to transmit this disease.
Call Hawaii Cooperative Extension Service at 969-8254 to report any
suspected trees.
3. Pohakuloa Training Area — Hunting Activities — Hunting Club —
Opportunities- by Ryan Kohatsu
For folks that hunt in the archery areas — relating areas — 18, 19, 20, 22 —
you all know that those are fenced off and there has been a prior eradication
of that in compliance with the Fish &Wildlife Service biological opinion —
basically if you don't know what a biological opinion is — it's so that you can
continue to do your military activities in the close proximity of endangered
species, essentially, so these fenced units per that are to be eradicated.
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The Commander there and management has figured out a way to get the
public hunters involved in at least removing what we can and salvaging
the meat and wild resources and not leave them to waste.
The other alternative is that the contractors that are already scheduled to
do the removal and essentially leave it. This is the opportunity for the
public to do it.
Some other volunteers we have working on this —will be similar to the
Kahuku Ranch removal program which provides guides or administrators
that take the hunting parties that are selected out and they shoot animals
and salvage them and remove them. This is not particularly a hunting
project— this is a removal project— so the end result— or the intent is to
get to zero or get as many as you can.
Tentatively, we may have 9 weekends and all this is all contingent upon
military training schedules and range control,
We'll select from the public— it'll be released on the Hawaii Sportsmen
Alliance Facebook page.
We'll also work with DOFAW in using their facilities, perhaps, in doing a
drawing system, maybe, since we've got 9 weekends —we'll use one
group a weekend, Maybe four hunters in a group and then maybe we'll
pick twelve or have a bunch of alternates. They'll go in sequential order as
they're drawn and then after those events are up the contractors will take
out the rest.
The mainland bases have a lot of strict rules and protocol calls that
hunters and the public need to follow. Rules will be in place at a future
point that will include background checks (Federal and State), firearms
registration all to protect the safety of the guides.
Survey was done to see how much is left, 200+ spread counted which
included sheep, goats and some pigs.
Information will be circulated in the next week or so. Events need to
happen by the end of November.
4. Brian Mabry — Game Warden Pohakuloa Training Area and Hunting
Activities — Hunting Club - Opportunities
John Polehemius, Game Manager, Pohakuloa Training area provided a
brief update on the online Internet based survey requesting hunters'
opinions regarding Pohakuloa Training Area and some of the proposed
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initiatives that they would like to consider putting in place. They hope to
have the survey up by July 24. A news release to go out and survey will
run for a month.
Discussing hunter density in certain areas — not people management -
Recently 5 & 6 were opened for the first time — the response was
incredibly favorable with about 80 guys in a day where usually other areas
only 30 over the weekend. About 90-95% of the harvest came from here.
Looking at ways to manage things like that.
Plan to develop maps and other markings for these different areas for the
public.
Hunting Club —the Colonel welcomes hunting clubs but it cannot be Army
driven the community has to take ownership and run it. The Colonel has
offered the use of Pohakuloa facility. A good example is the Schofield's
Rod & Gun Club that is civilian driven project.
PTA is working without a budget - working with volunteers to move some
of the projects forward. They had hoped to start the parking lot area
projects. The areas already identified. Materials on hand but lack the
labor at this point.
The most important message that having the club at Pohakuloa would
bring to the community is ownership in their program. JP and BM will
continue to work and try to promote but until the hunting community takes
ownership will they reach that threshold of success. Possible hunting
educational courses could be incorporated with the club. Lots of
opportunity - please contact JP or BM to take on that leadership role.
They will happily help you with the logistics and what the Army
requirements are for this hunting club.
The club would come up with ideas and bring them forward. Not every
idea will manifest. The goal is to be transparent get the community
involved and be transparent about it. Possible events would be 3-D
archery shoots and or skeet and target range. But the community has to
want it and support and build it and then also manage it. PTA would
monitor it but the club could pretty much do what they want to do whether
you have steering committees set up for various projects and so forth.
Bring your ideas to the Colonel or to John and Brian.
BM: What have we done the past year, as far as our hunting program goes.
The Colonel is a hunter and he wants a sustainable bird population and
mammals. Number one is game management
In the last 18 months normally 25 to 35 people for archery all weekend
long with that many mammals on a weekend take.
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PTA is averaging about 80 to 90 hunters on a two-day weekend. 200+ in
the last three weeks. They are seeing is an increase in hunter activity to
include a number of mammals being taken. For the last 3 weeks, the ratio
has been a high 4 or 5 (five hunters taking out one animal).
There may be some under reporting for whatever reason, but they have
ideas to address that which will later help with game management.
Rotating out different units, in the past it was if we're not using it, let's
open it up. Well, if we were opening up all the units, what was happening
was there are areas that are getting hit hard. And then some other areas
were underutilized, but they could have become sanctuaries.
One of the things they are doing is talking with the hunters and inquiring
what they've seen out there. BM works 13- hour days and spends at least
10-hours in the field and is proactive. Not always on the enforcement side
of it. The Colonel set up this program and he wants it to balance, enforce
but also have a community component to it. The community input goes
into the program.
First time that Pohakuloa has ever had a Game Warden who is dedicated
to monitoring, managing, doing assessments, passing it on to a Game
Manager.
Several incidents are happening on the perimeters, poaching — cutting of
fences — folks not following the rules. With the help of the community
these incidents have decreased. It could be due to the cameras out there
that people are now aware of and having someone out on the road.
However, the largest part comes from hunter reporting - substantial drop
of incidents since November.
There are a couple of investigations going on right now and these revolve
more around opening of 5 & 6.
The hunter's hotline was changed — deleted, "If there's some illegal activity
out there we will shut down for 30-days and no one will be able to hunt".
This would also disrupt the reporting aspect.
What BM needs from the community is a hunting club to take ownership.
He is working with JP and the Colonel on range control and reporting on
what the hunters are saying. Every opportunity is looked at.
Goal is to provide as many hunt able acreage as possible. Did away with
the training areas 1 thru 16 and the unfenced portion of 18 for the State
lease lands — made them into hunting units pushing it way back to the
fencing area and the opening of 5 & 6 which added another 2500 acres
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of hunt able area. Open up more parking areas and stay with the parking
and stalk.
Recent news release, PTA conducting a game management shut down —
a break— a hiatus to look at what can be done to improve the hunting for
the community and to take a hard look at the bird season and provide as
many hunt able acreage as possible - to keep the animals in the areas.
Q. Does DOCARE get involved with you on any enforcement action? Do
they patrol along with you?
A. Yes, State lease land. Other would be turned over to County PD
depending on what level of violation that there is. And, yes DOCARE
patrols with BM as well.
Comment: When DOCARE files a game violation - any fines are supposed to go
into the Wildlife Revolving Fund. However, the fees are being turned over
to the County's general fund which does not go toward hunting. We would
like to see anything that could be turned over to DOCARE go there which
would sustain that program (WRF).
Q: Is there a hotline number if somebody sees someone that shouldn't be
there? Is there a person there?
A: Yes, PTA Police desk number is on the hunter's hotline. Brian's duty cell
phone will be added to the hotline shortly.
Both men were thanked for all that they are doing at PTA to enhance the
quality of hunting. Not everyone pleased with the changes but in the long
run it will benefit the whole hunting community. The community must be
supportive of these changes and look at ways to help. Encourage anyone
in the hunting community to get involved with starting up a hunting club —
one does not have to be a hunter. Thank you to the Colonel for his
commitment.
Chair Lodge asked if there were questions from the public.
WM- Hi, good evening. My name is Wayne Matthews. I've been in and out of
these meetings and different agendas for a while. I just, number one I
guess I'd like to say I like what I'm hearing to a certain extent but I also am
concerned the new Colonel he's only here on assignment for
approximately two or three years at the most and we've had different
agendas with different colonels and couple years back we had a colonel
who, my understanding was — they were from Hawaii and they understood
the culture so they were a little more lenient in the hunting and things went
well — then had another colonel come along that was on the other side of
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the equation and they kinda went with the anti-hunting sentiment for the
base. I've been up there — born and raised in Hawaii. I've hunted there
from probably 1969 as a young kid.
I've seen a lot of changes in the area, not only to the animals but also the
landscape and climatic change — I think that has a really strong effect on
what's going on up in the mountain — there's a horrible drought coming
back again — but I listen to you, Mr. Pohemius, and you speak to us about
changes and I hear people who enter the area will have to have
background checks — that's what I interpret as you were saying, you will
start scrutinizing the people to enter the area and that's what I get— that's
fine with me but that may also limit some people from going in there that,
you know, may not.
But that's what I understand you're saying — that's what— a people control
— like you're saying game management is 80% people control, which is
probably true because I see a lot of people doing things. I also concerned
—what I feel in the last ten, fifteen years what happened is that you read
the lease and I know the lease has been changed or renewed but the
lease is the land is State land that was leased to the Army for the Army to
use for training — but it's a State hunting area — it's managed — it's a game
management area — like we've had in the past—we spoke about the
power of words and when you change words you change the definition of
use in the area and 20 years ago there was a lot of hunting and they
would have training and there was, it was — the equation went the other
way — it's like 20 years ago there was 60% hunting, 40% training
throughout the year. Now it's gone — and then for a while there it kinda
went the other way and now it's, now I see, you know, I'd say it's still
maybe 60% training and the hunting opportunities have diminished. But
I'm concerned about the fact that control of the State land —the State
lease — has been given up the State.
Our DLNR is not fulfilling their responsibilities to the people that pay for
their jobs and they're giving control of the land — State land — our land —
over to the Feds — Fish & Wildlife Service — and I understand like you're
under the gun cause Fish &Wildlife Service is — you have the Colonel on
one side saying to you "I want a sustainable hunting program," and the
Fish and Wildlife Service is on this side saying, "Oh, we want to kill
everything because," you know, there's people in that position — they don't
want to see a single living sheep or deer or goat on the area. You know, I
understand that and you're stuck in the middle, but we're concerned — I
become concerned about it because — like I said —we have given up our
control of the land and what we have used that land for and that land has
fed thousands of Hawaiian families for the last forty-fifty years that I know
of, you know, and beyond that and before and will feed families for many
years to come if properly managed and I'm worried that the government—
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United States government— the federals — is so heavy handed in this now
— and they are not in touch with the people. They're not in touch with the
people here. You say you like listen to the hunters and that's true you
have to listen to the hunters because the people don't have a voice in
America now. It's not—the people don't have a voice — not only in this
hunting situation here but to me generally in society at large the people
don't have a voice but I'm concerned and I — like you say — you want to
put watering things — you want us to buy in —yeah, we'd like to buy in too
—we really would like to buy into this but we're concerned because, like I
said, the flip-flop.
Who is gonna be the next colonel? And what are they gonna say? Are
they gonna say there's not hunting club, you know, the heck with that—
are we gonna just burn —we're gonna burn everything down. You
understand what I'm saying, you know? And Fish &Wildlife, Fish & Game,
the United States Army — they have to listen to the people. Like one well,
long time Fish &Wildlife official said — Fish &Game in Hawaii said — the
animals have been there for over 100 years. They've fed people for a long
time. Yeah, they have damaged the land but it can be managed and one
of my questions I've asked many officials and never got an answer is —
what is the carrying capacity — if you work with Fish &Wildlife you talk to
any biologist in Ohio or California he's gonna — if you asked him what is
the carrying capacity of that area — how many deer can you have in there
without causing habitat damage and he's gonna more-or-less give you a
number— a ball park number—what they want to see —that's their target.
In Hawaii we have the hunters who want to see 10,000 sheep there which
is not good and the Fish & Wildlife Service they want to see zero sheep
there and that's not good. You want a sustainable program — that's fine —
that's great— I like that. But you have to get all of these people together
and these people have to listen to the public, because that's the public's
land. We don't want the ire that you get— that's why you have people
doing things — is that you disenfranchise the people by taking their land
away from them saying this federal land. That's not Army land that's State
land and when the lease —we loaned —we the people loaned it to the
military for them to use. I mean I'm x-military— I'm proud of the military too
— I have nothing against the military people, you know, I've been there, but
the people up higher forgot what it was there for...
Chair Lodge offered an opportunity for PTA to respond directly to W. Matthew's
statements.
BM: Thanks a lot, Wayne. History will repeat itself if we don't take certain
measures and one thing about the Army and contractors for the Army is
they take good notes and that's the first thing I did when John came on
board in March was, "Hey, John, glad that you're here because there's
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some things that I need to be schooled on and first was I went back and I
pulled the minutes from all the hunting meetings back to the 80s and, you
know, what's the common thread, what's the common problem —what do I
need to avoid. What does John need to avoid, what are the hunters asking
for and there were common themes so that I'm not going to get into right
now but I think everyone can pretty much figure out, you know, it's the —
every two years this — two years that. This Colonel came in not to just say
that this is the way it's gonna be on my watch. He came in looking for a
Game Manager position, which requires funding and once we get funding
and get that locked into the Army then we get a regulation that's in place
and then we get the community behind us with these community projects
— such as a hunting club — it's real difficult to make those things go away
and every military administrative person knows that— you never give up
your budget. You don't say, "Hey, I'm gonna be hero this year and I'm
gonna save the Army $50,000 at Pohakuloa and it's gonna solve all the
Army's problems." No, they don't give up their budget. We just found out—
is it all right if I put it out about the program funding? OK. I'm putting it out
anyway. The program is funded —just found this out this week. So there
are good things going forward. The things that I read in those meetings
exactly what I heard you putting out there. We're working for you. Will it be
done tomorrow? Not tomorrow but we're working on it.
D. Yoshida shared that when he met with the Colonel, he said that one of
the reasons he wants this club to be set up is specifically when he leaves
he wants this club to continue similar to the Schofield Barracks Rod and
Gun Club that existed for a number of years and it is a community club
that's run by both the Army and the civilians. If this is the model, DY (Ike)
is willing to put his efforts into that.
5. Mauna Kea Recreation Area Improvement — Public Comment due
August 7, 2015
All interested individuals have an opportunity to comment on the Draft
Environmental Assessment (DEA) and Anticipated Finding of No
Significant Impact (FONSI) prepared pursuant to the EIS law (Hawai'i
Revised Statutes, Chapter 343) and the EIS rules (Administrative Rules,
Title 11, Chapter 200) is available for review. Digital copy of EA found on
hhtp-Hhealth.hawaii.gov/oeqc/
Commissioners were emailed a copy of the notice prior to this meeting.
It was shared that Steve Hunt, Ryan Kohatsu and Tony Sylvester met with
Mayor Kenoi some time ago, to discuss the issue of firearms in the park. -
The County law does not allow firearms or explosives in parks. The other
issue is the dogs and housing of the dogs. Big Island Bird Hunters
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donated, built and installed dog houses for the dogs to be outside. The
kennels were removed since the word was that new kennels would be
built. These two issues need to be addressed by this commission
because it will carry more weight.
Action: D. Yoshina moved that GMAC (B. Command) write a letter to
the proper authorities regarding the firearm and dog issue (at Mauna
Kea Park) as we discussed since nothing was done last bird season.
Also a letter to that effect sent to the Mayor and the Department of
Parks and Recreation for action prior to the next bird season;
Seconded by W. Camara and carried unanimously by voice vote.
B. Command to draft letter by the end of the week and circulate to board
members for final comments via email.
S. Hunt said that the firearms' is important not just for the bird hunters but
it's for everybody. When speaking with Mayor Kenoi he said State law
trumps County law. Let's get it down on the County level to where
somebody who is going up mammal hunting can at least stop in, use the
restrooms and proceed on without actually breaking County laws. Let's
eliminate that grey line with law enforcement officers and the County.
VIII. New Business: Discussion on Rule Making (B. Command/Belinda
Castillo Hall):
BCH: It doesn't necessarily have to be an executive session but if there are any
questions that come up in the meetings that any of the commissioners
would like to address and believe that it has to do with their duties,
responsibilities, especially liabilities, we can always go into executive
session — and it's a closed session — outside of the public. You can ask
me any legal questions. There are a lot of things —just for Kona
commissioners — sorry, we just put these binders together and I will
forward them with Bobby Command to Kona to get these two to you.
These binders include the roster of commission members, when the term
limits are — contact information —there's a map of where the districts are
split— also the pertinent charter provisions that this commission is subject
to.
I do want to point out some things. Part of the duties and responsibilities of
this commission is to promulgate rules on how to conduct business —
some of that was brought up by Mr. Araujo — again we haven't done that.
Another thing is — if you do want— I know there's a lot of questions about
who's gonna do what— there is a chair, there's a vice-chair— you guys just
voted that in — you can also create other officers. I know Ms. Pogline
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actually had a question to me a couple weeks ago about dissemination of
information to the public— you can — if you want to make a position for a
press secretary— there's already, I think, recording secretary is done by
the staff— Barbara — committees — you can create committees so that and
they cannot— and the only thing that about the committees is — you can
assign them — they can get together and collect information and bring it
back and report back to the board about the information that they had
collected. Because as a commission the main responsibility of this
commission is to advise County, State and federal agencies regarding the
items that are in the charter and on top of that it is to disseminate that
information to the community.
So it's a back and forth information session and that's good that the
federal and State people are actually welcome and willing to come to this
meeting.
Then you can just formalize it— so that there is a record — like Mr. Yoshina
said he thought the item was voted on at a prior meeting. There's a
record and the accountability is there for people to keep track of what
people had promised and also the transparency which is very important
that kinda segues into the Sunshine Law.
BCH provided each commissioner with a copy of the Sunshine Law in the
binder that was distributed. The black lettering is sometimes hard for lay
people - What does that mean? Well, the Office of Information Practices,
which is the State office that pretty much, polices the Sunshine Law.
They gave a guide in laymen's terms — gives good examples — there's
also, besides just the guide, there's additional guidance about how
members of the commission —when they can and how they can meet to
discuss business. Because we have so much information going back and
forth at these monthly meetings that it's not enough to conduct everything
— all the business that the board wants to conduct.
As long as all that information that's collected or any business that's — or
anything that can maybe effect a board action — as long as it gets back to
this big body— and then it's presented in an open meeting.
You can also do standing committees that have to report every — like say
for instance Mr. Araujo said that there's a district report— you can have
district reports —you don't necessarily have to have the district reports — or
you could — but you could solicit at a meeting how you will have people
discuss what's going on with their districts — you can also have ad-hoc
committees that are voted on so that it's just as an as needed basis.
Again, this all has to do with you as a body making rules for how you will
conduct business. Time limitations for public testifiers — that's a big one —
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the ability to exclude any persons who may disrupt the meetings and then
the agenda items.
What you will have on the agenda and how you place those on the
agenda. So, I mean, maybe tonight's not the night to finalize everything
but keep that in mind and if you want to put it on the next agenda's
meeting and everybody's solicit that, we can do that.
Everyone does not need to be in the same place for an Executive session
to happen. It could be via video conferencing, audio. Executive sessions
could happen in the middle of your regular commission meetings.
W. Camara will forward B Castillo Hall the committee list to be added to
the binders.
BCH suggested that the newly elected Chair Lodge and Vice Chair
Camara meet to produce what is needed and disseminate it before the
next commission meeting and then everybody can openly discuss all the
business has to be done `cause you guys are lobbying each other.
Actually you all are trying to convince each other of how to vote. So it has
to be open — everybody has to have the ability to participate has to be fair
and equitable and it's gonna be incumbent on the Chair to make sure that
the meeting — that everybody gets a say— if they want to have a say— and
then when you vote — it doesn't have to be unanimous — I know it's nice to
have unanimous but if somebody's strongly against voting — because
that's what you guys are here for— you can disagree. You can — and then
move on from there — so that it just becomes a better commission and
everybody has a voice.
Chair T. Lodge said that some of our committees are the Legislative and
Government Affairs Committee for example. Not everything that we do is a
board —the board doesn't have to vote on that— on that particular issue —
mainly because of timing.
BCH: That has been a big thing in all boards and commissions right now. Not
just county-wide but statewide — because of the legislative process and
how quickly you have to turn around if you want to testify in front of any of
the legislative bodies. You have to be assured that what you —what the
committee members are urging is actually the voice of the whole board,
OK? So you're gonna have to start discussing if there's a — say for
instance — if there's a proposed legislation — you have to come together as
a board and say, "What is our position on this." Vote on it and then give
that to the committee. And it doesn't have to be like super technical —
what do we think about this — yes or no. OK. And then just go down
because we do have a legislative — someone in the Mayor's office said — it
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used to have someone who just left— I forget his name — but make sure
that the Mayor's Office knows what bills you are tracking and what your
position is. Make sure that it comes from the committee — again, though,
you are a committee that advises the Mayor and you may have to make
sure that whatever you're endorsing is not necessarily the Mayor— and
then the Mayor might not endorse — he might approve what your position
is so you have to make sure you're not saying anything contradictory to
what the County is pushing.
The other thing about the committee is — you can have special emergency
sessions too — so if— a lot of times — and I know this comes up in other
commissions— and I haven't been doing this for very long so I know that in
the last legislative session we were thinking about— for one of my
commissions — having a special emergency — not emergency meeting —
but a special meeting just so that the board can come together— to decide
what the position is gonna be and then moving from there and then also —
if you need to elect who's gonna be the spokesperson for particular
legislation that you decided that at that special meeting.
Chair Lodge: What the people do on this commission has been — if there was an
issue they will email everybody that issue. And I know what you're gonna
say but— blind copied to other commissioners and they're expected to
respond back to that original sender. When something needs to be done —
what we have also done is saying — if I don't hear back from you I'm
gonna assume that's your agreement.
BCH: You cannot actually do that. That's called serial communications and
actually that's one of the big Sunshine Law violations. Also in your packet
what I've included is the Rules of Ethics for Commissions and Boards and
actually it's actionable — I mean you could be liable. You could actually be
liable for misdemeanor. I used to be a public defender for 12 years, so I
advise people not to break the law, but I'm your advisor— you can do what
you need to, but I mean you can do what you want to based on what I
advise you — chose to take the...
TL: Take that issue right there. If you need something in a hurry— how do you
do it?
BCH: You would have to — you would go to Barbara and it has to be
disseminated — but you cannot vote on anything — you cannot ask for an
agreement— you cannot ask for a commitment to something unless it's an
open meeting like this. That's the Sunshine Law. That's the heart of the
Sunshine Law, actually, not to have dealings outside of the public
knowledge, cause that's — that leads to back door dealings — and maybe
it's not as apparent— abuse is not apparent for a board like this — but, you
know, the Sunshine Law applies to all boards and commissions and some
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of them are, you know, the big money ones and the very heated ones
so... I would ask- well, if you know something comes up all the time — put
it on the agenda for next meeting. Send out as much information —
information — you can disseminate information but you cannot call for an
agreement of a commitment— that's all. And then you can discuss and as
— the duties and responsibilities of a commission — of each commissioner
is that if something comes across your desk as a commissioner— you
should read it before you actually get to the meeting. So that the
discussion is going to be as productive as possible, yes? Is that fair?
Chair Lodge stated he is not sure he understands it all, he would like to
meet with BCH to discuss further.
B. Command felt that BCH covered everything including the rule making,
which he thinks is a real good idea for the commission to consider at the
next meeting, if possible.
BCH also said that both State and County commissions post their rules
and some of them are really efficient and effective rules which can be
used as guides as a template for how to run your meetings. You can pick
and chose and cut and paste from other commissions to do your rules.
GMAC early on had taken the position to follow Roberts Rules of Order.
And had decided to keep meetings informal, but do understand that we
need some ground rules for everybody to follow not only for the
commissioners but the public as well to keep order and to make sure
business gets done and to make sure it is fair and equitable participation
by everyone. The chair may allow folks to speak beyond the 3-minute
limit.
BCH suggested that the commissioners review the rules as a whole since
we are in a new year with new commissioners on board.
Also, it is the responsibility of each commissioner to make sure that when
you come to the meeting you're prepared to address what the changes if
any. No serial meetings.
Chair Lodge will include "Rules" for the next agenda.
IX. Committee Reports:
MB: None.
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X. Commissioners Report by District
District 1, WC: For the public's information, I did have a sit down with John
(Pohemius,) couple months ago —these guys are trying their best to try
and help provide more of a quality hunt for everybody. Some things that
are gonna get changed may not please everybody but I think as a whole
this — it's more active than we've ever had — that I've ever seen with
Pohakuloa. I feel we need to try and help them as much as we can to be
supportive of what they are doing like Bryan was saying 5, 6 open, you
have 80 guys in there or a hundred guys a day so there probably gonna
be a time when there's a limit to who can be in each particular area at a
time and that's not because they don't want everybody to have a chance
in there — but if you think about it, it should make your day, it should make
your experience better up there if you're not around very pile of rocks you
bumping into a different hunter. And that's basically —what I get from
these guys is that, you know, their hands are tied, just as much as the rest
of us as far as the actual game enhancing and management and we all
know those battles. I'd like the public to know that they're trying as much
as they can and we need to thank them and the Colonel for as much as
they have provided so far and I'm really optimistic and happy that things
are happening the way it is. Thank you.
District 8 — M. Bartell, none
District 3 — R. Kohatsu said he received a question from Mel Tanaka — about bird
hunting —there was in the Saddle Road mitigation plan something toward
the idea of adding bird hunting areas inside of Puumali mitigation area and
he mentioned something about Kaohe as well, although information was
not found. DOFAW has in its new admin rules - In the new booklet there
is a section for that pertaining to Puumali which they are working on
delineating areas where bird hunting will be allowed in the next season.
No information was found regarding Kaohe.
District 4 N. Pogline — asked about holding a open public meeting in her district
where folks could come and voice their concerns.
BCH said, she could as long as she is careful about not stressing an
opinion that's only hers versus the entire body— and especially the Mayor.
And also must report back to GMAC the results of the public meeting.
District 2, D. "Ike" Yoshina, just a comment - followed up on the PONC process
regarding the surveying of the access. Two ways to handle it, one to nominate
the property to PONC and go through the process or second, if the access is
already dedicated that the committee will just do the survey as part of theirjob
but in this particular case we need to find out if what we heard as a statement
made 2-3 meetings ago is in-fact, fact and if indeed it has been agreed upon by
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the land owner than we go to PONC and get the money released for the survey
and they (PONC) will do it. The question has been asked a couple of times now
- was an agreement made?
Announcements: Hunting rules out— starting to revise the new rules. Get your
comments on the regulations that you would like to see modified and changed
over to DOFAW or forward to Chair Lodge.
D. (Ike) Yoshina (District 2): If you (the public) have anything to tell me, I'm willing
to sit down with anyone that has something to say and bring it back to the body.
You may reach me through the County. Ike will even buy you a cup of coffee.
Willie Joe Camara (District 1) shared the same message.
You may call Barbara at 323-4444 or email: Barbara.Kossowa-hawaiicounty.gov
Next meeting: August 17, 2015 - place to be announced. Lt. Col. Peterson will
be on the agenda.
Action: W. Camara moved to adjourn meeting; seconded by D. Yoshida.
Motion carried unanimously by voice.
Respectfully submitted by,
Barbara Kossow
Secretary
ATTEST:
Thomas H. Lodge
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