HomeMy WebLinkAbout2022_12_13 Game Management Advisory Commission Minutes
Game Management Advisory Commission
County of Hawai’i
Minutes
Meeting Date: December 13, 2022
Time: 2:00 pm to 4:00 pm
Place: Via Zoom - 25 Aupuni Ctr., Suite 2603, Hilo HI, 96720
nd
In-Person Site: West Hawai’i Civic Center, Bldg. C, 2 FL, Conference Rm.,
74-5044 Ane Keohokalole Hwy., Kailua-Kona, HI 96740
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 2:00 pm.
District 1 - Robert Duerr, Present, via Zoom
District 2 - Kean Umeda, excused
District 3 - Rhon Leomana Turalde, Present via Zoom
District 4 – Brian Ley – Present, via Zoom
District 5 - Abraham Antonio, Present, via Zoom
District 6 – Austin Griffey – Present, in-person, Kona site
District 7 – Natalie Reynolds – Present, Via Zoom
District 8 – Cortney Okumura – Excused
District 9 - George Donev, Excused
Quorum Established (Total of 6)
STAFF: Sylvia Wan, Deputy Attorney, Corporation Counsel, via Zoom
Barbara Kossow, Administrative Specialist, OOM, in person, Kona site
(Items were taken out of order throughout the meeting).
2. APPROVAL OF MINUTES: November 15, 2022
Action: Motion made A. Antonio to approve November 15, 2022, minutes as circulated.
Seconded by R. Duerr. Motion carried unanimously by voice vote.
3. FINANCIAL REPORT:
Action: A motion was made by L. Turalde to approve the Financial Report. Seconded by N.
Reynolds. Motion carried unanimously by voice vote.
4. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: (Go page 11)
5. COMMISSIONER REPORT BY DISTRICT: (Go to page 33)
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6. PRESENTATIONS: (Go to page 16)
a. East DOFAW Wildlife Biologist Ian Cole will report on closed hunting areas due to the
eruption. Note: Kanalu Sproat filled in for Ian Cole. (Go to page 16)
b. Brian Balancio a local Business owner will speak on the current manta ray issues and
related tourist operations problems. (Go to page 21)
c. Jimmy Medeiros a local fisherman will share his concerns about the Honaunau boat
ramp, and lack of adequate informational signage. (Go to page 27)
7. OLD BUSINESS: (Note, these items were taken out of order)
a. GMAC approval of letter to Mayor Roth regarding time and location changes of GMAC
meetings. (Go to page 3)
b. GMAC development and finalization of Draft Rules. (Go to Page 5)
c. GMAC Commissioner vote of approval for GMAC 2021–2022 Fiscal Year Report. (Page 7)
d. GMAC Commissioner approval of letter to DAR regarding the laynet rules. (Page 5)
8. NEW BUSINESS: (Note, these items were taken out of order).
a. Discussion of GMAC Financial Report. (Go to page 28)
b. GMAC Chair and Vice Chair elections. (Go to page 9)
c. GMAC Quarterly Report to County Council and Mayor’s office. (Page 30)
9. ANNOUNCEMENTS: (Go to page 31)
a. Board of Land and Natural Resources meeting agenda item; hunting rule changes for
thrd
lower Puna, January 13 and 23 2023.
b. BLNR/DAR amendment to fishing regulations regarding reef fish, December 6, 2022.
c. DAR proposal to adopt rules for pakuikui replenishment, December 9, 2022.
d. Public shooting range development report.
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e. GMAC Commissioner Kean Umeda term ends December 31, 2022.
10. COMMITTEE REPORTS: (Go to page 33)
a. Laynet Rules & Regulations
b. Legislative
c. Manta Ray
d. Puuanahulu/Puuwaawaa Administrative Rules Change committee report.
11. ADJOURNMENT: (Go to page 34)
AA: OK. Sylvia, just one quick question – when Robert Duerr leaves, we possibly might not have
quorum so just gonna continue the meeting on without quorum? Is that how it works?
SW: Ah, yes, but as we currently stand even if Mr. Duerr leaves, we would still have quorum cause
right now we have six. We need five for quorum.
AA: OK. I’m just worried about if Brian Ley comes in and out. That’s all.
SW: OK. Well, he’s currently present and his screen is present, it was just a little slow for him to
unmute his mic. So, he was also present during roll call. I’ll let you know if we lose quorum,
Chair.
AA: Unless can we change the order of the agenda, or do we need to make a motion just to get our
voting things done since Robert Duerr’s here so guaranteed we get all that done.
SW: Ah, you can, Chair. What you would need is a motion to call an agenda item out of order.
AA: OK. Can one of the Commissioners make a motion to call the first voted measure up and that
would be either the GMAC fiscal year report or the Advisory Commission Draft – the laynet
letter – and also the letter to the Mayor, so…
Action: A motion was made by R. Duerr to pull items out of order. The first being the
mayor’s letter under Old Business, item 7, a – GMAC approval of letter to Mayor Roth
regarding time and location changes of GMAC meetings. Seconded by L. Turalde.
Motion carried unanimously by voice vote.
AA: Any discussion on the Mayor’s letter? Everybody seen the Mayor’s letter? No comments.
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RD: Ah, Chair, I have one comment. There may be other items that should be included in the
Mayor’s letter but this is a good introductory to the Mayor of our needs and some of our
problems in looking for a solution.
AA: Yes, sir. Would you like to make any of those adjustments or we just moving forward with this
letter?
RD: I’d like to just go forward and then if adjustments need to be made in the future – we do
another letter.
AA: OK. Thank you, Bob. Anybody else? OK. Moving forward. Sylvia, can you make a roll call vote
please?
SW: Yes, Deputy Corporation Counsel Sylvia Wan. Commencing with the roll call vote, District – 1,
Robert Duerr?
RD: Aye.
SW: District -2, excused. District – 3, Leomana Turalde?
LT: Aye.
SW: District – 4, Brian Ley? I see Brian saying “aye” and raising his hand. District – 5, Abraham
Antonio?
AA: Aye.
SW: District – 6, Austin Griffey?
AG: Aye.
SW: District – 7, Natalie Reynolds?
NR: Aye.
SW: District – 8…
AA: Cortney is off today.
SW: Is excused. And District – 9 is excused. You have 6 members voting aye, 3 excused – the motion
passes.
AA: Thank you. Brian, can you try and unmute yourself. Barbara, Brian is still having difficulties.
RD: Chair, I’d like to make another motion of voting on an item out of order.
AA: OK.
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RD: I’d like to take 7 d. – GMAC Commissioner approval letter to DAR regarding the laynet rules. Out
of order and call for a vote.
Action: A motion was made by R. Duerr to take out of order, Old Business, item 7, d –
GMAC Commissioner approval of letter to DAR regarding laynet rules.
Seconded by A. Antonio. Motion carried unanimously by voice vote.
AA: I second that motion, Bob. Any discussion on the laynet \[unclear\] rules? No discussion. Sylvia
can we have a roll call vote to approve this letter?
SW: Yes. Calling District – 1, Robert Duerr?
RD: Aye.
SW: District – 2, excused. District – 3, Leomana Turalde?
LT: Aye.
SW: District – 4, Brian Ley? I see Brian Ley saying “yes” and raising his hand in the affirmative. District
– 5, Abraham Antonio?
AA: Yes.
SW: District – 6, Austin Griffey?
AG: Aye.
SW: District – 7, Natalie Reynolds?
NR: Aye.
SW: District – 8, excused. District – 9, excused. You have 6 ayes, 2 absent/excused the motion passes.
AA: Thank you. Next – I guess we’re going to the draft rules. So can I have somebody make a motion
on the draft rules. \[Unclear\].
SW: Deputy Corporation Counsel Sylvia Wan – that would be agenda item number 7b.
RD: Chair, I make a motion to take out of order item 7 b. – GMAC development and finalization of
draft rules for a discussion and a vote.
NR: I second.
Action: A motion was made by R. Duerr to take out of order, Old Business, item 7, b –
GMAC development and finalization of Draft Rules for discussion and vote to approve.
Seconded by N. Reynolds. Motion carried unanimously by voice vote.
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AA: Robert Duerr made the motion, Natalie the second. Any discussion on the draft rules. No
discussion on draft rules?
RD: One second, you know, Chair – the draft rules – do they need to be – I mean do we need to pull
this aside and discuss this further at, a later time, or do you feel we’re ready to approve these
draft rules and then if we need to amend them to do that at, a later time?
AA: I had a discussion with our Corporation Counsel we can \[unclear\]. Or other Chairs or
Commissioners can make amendments \[unclear\]. \[Unclear\].
SW: Deputy Corporation Counsel Sylvia Wan – I’m sorry Chair can you please re-state it came across
garbled for my end.
AA: Yeah, \[unclear\] right, so, I said, the way the draft rules was written \[unclear\] with our
Corporation Counsel \[unclear\] future commission can make amendments \[unclear\] whatever
problems \[unclear\]. So, at this, time I approve this draft rules \[unclear\] moving forward.
RD: Chair, I have one notation. I’d like it clear that upon the approval of the draft rules – that’s when
the one year starts for the Chair’s term which would allow you to continue running as Chair.
SW: Ah, Deputy Corporation Counsel – the terms for Chairs for Boards and Commissions is outlined
by Hawaii County Code. A Board and Commission cannot supersede Hawaii County Code. So, it’s
starts at the beginning of the year – January – and ends at the end of the year December.
RD: Is it limited to a one-year term?
SW: Yes. But there’s no limitation as far as the individual who is chairing. There’s no term limitation –
just a term limitation as far as your commissioner terms. So, you can still have the same Chair
voted in several years in a row. So, it is possible that if the Board decides to authorize it – Mr.
Antonio can still be the Chair next year if he’s nominated and voted in and approved by this
Commission. Does that clarify your question Commissioner Duerr?
RD: Yes, I understand your opinion.
AA: OK. Thank you. Any other questions or comments from the Commissioners? Sylvia, if you see
anybody raising their hand or trying to say something – I can’t see it – so if you guys could help
me out by letting me know. Thank you.
SW: Deputy Corporation Counsel Sylvia Wan – I will let you know, however, currently it doesn’t
appear that anybody is raising their hands.
AA: Right. OK. So, can we have a roll call vote to approve the draft rules?
SW: Yes. District – 1, Robert Duerr?
RD: Aye.
SW: District – 2, Kean Umeda is excused. District – 3, Leomana Turalde?
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LR: Aye.
SW: District – 4, Brian Ley, has raised his hand in affirmative. District – 5, Abraham Antonio?
AA: Yes.
SW: District – 6, Austin Griffey?
AG: Yes.
SW: District – 7, Natalie Reynolds?
NR: Aye.
SW: District – 8, excused. District – 9, excused. You have 6 affirmatives, 3 excused. The draft rules are
approved.
RD: Chair, I’d like to make a motion.
AA: Go ahead Bob.
RD: Yes, take out of order Old Business 7 c., GMAC Commissioner vote of approval for the GMAC
2021-22 Fiscal year report.
AA: OK, Abraham – District 5, second that motion.
Action: A motion was made by R. Duerr to take out of order, Old Business, item 7, c -
GMAC Commissioner vote of approval for the GMAC 2021 – 2022 Fiscal Year Report.
Seconded by A. Antonio. Motion carried unanimously by voice vote.
AA: Discussion – has everybody had a chance to review the fiscal year report. This is just a fiscal year
report of what we’ve done in 2022 – this is not a financial report. I know last meeting – I think
we had some confusion on that. So, this is just the fiscal year report of what we’ve done and has
everybody received it and reviewed it? And any comments or discussion?
RD: Chair I have a comment, actually a question. Will this report be going to the County Council?
AA: Yes. County Council and then, I think, off to the Mayor.
SW: Ah, Deputy Corporation Counsel Sylvia Wan. I believe it’s the opposite. It goes to the Mayor first
and then to County Council.
AA: OK. So, Bob that’s opposite. OK. Any other? I don’t see any other discussion, or the questions,
comments, can I have roll call vote please?
SW: Yes, District – 1, Robert Duerr?
RD: Aye.
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SW: District – 2, excused. District – 3, Leomana Turalde?
LT: Aye.
SW: District – 4, Brian Ley. He raises his hand in affirmative and it appears that he is saying “aye.”
District – 5, Abraham Antonio?
AA: Aye.
SW: District – 6, Austin Griffey?
AG: Aye.
SW: District – 7, Natalie Reynolds?
NR: Aye.
SW: District – 8, excused. District – 9, excused. There are 6 ayes, 3 absent. The motion passes.
AA: Thank you. Is there any other motions we have to take out of order? Do we need to approve any
other letters? Not seeing any…
SW: Ah, Deputy Corporation Counsel Sylvia Wan – you may want to consider if you want to do Chair
and Vice Chair – at least nomination and/or election – just because…
AA: Yeah, that’s where I was going next as soon as we got rid of all the letters and, well, actually, I’d
like to make motion to approve the minutes of November 15, 2022 meeting.
RD: Seconded.
AA: Any discussion. I don’t see no discussion, ah, can a roll call vote on that too please?
SW: Yes. District – 1, Robert Duerr?
RD: Aye.
SW: District – 2, excused. District – 3, Leomana Turalde.
LT: Aye.
SW: District – 4, Brian Ley? He says “aye” and waves his had in affirmative. District – 5, Abraham
Antonio?
AA: Aye.
SW: District – 6, Austin Griffey?
AG: Aye.
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SW: District – 7, Natalie Reynolds?
NR: Aye.
SW: District – 8, excused. District – 9, excused. Chair you have 6 ayes and 3 excused. The motion
passes.
Action: A motion was made by A. Antonio to take out of order, New Business, item 8, b -
GMAC Chair and Vice Chair elections. Seconded by N. Reynolds. Motion carried
unanimously by voice vote.
AA: Thank you. Making a motion to move to take out of order, New Business, section b. – GMAC
Chair and Vice Chair elections. At this time, I call to see if anyone wants to appoint the new Chair
and a new Vice Chair?
SW: Deputy Corporation Counsel Sylvia Wan. And just for clarity – this is for the new annual term to
start July 2023?
AA: Yes.
SW: Correct.
AA: Starts January 2023. So made a motion, somebody…Thank you. Open for discussion.
NR: I would like to…
AA: Any nominees?
Action: A motion was made by N. Reynolds nominating Abraham Antonio for Chair and
Brian Ley for Vice Chair. Seconded by R. Duerr. Motion carried unanimously by voice vote.
NR: I would like to nominate Abraham Antonio for Chair and Brian Ley for Vice Chair.
RD: Second.
AG: Austin Griffey, District – 6, I third that one.
AA: OK. So, Natalie made the motion to nominate – so what did you say Austin??
AG: I agree with Natalie. Abraham as Chair and Brian Ley as Vice Chair.
AA: Any comments Leomana?
LT: Sorry, no comments. I was waiting for the roll call vote. I agree.
RD: Chair, I have a comment. If I read the draft rules correctly, if the officers also include a secretary.
I know that the secretary’s not been onboard for a while so I would like to defer that discussion
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for a future date but I do feel that we do need a secretary. A secretary would do a couple of
things – 1) the secretary would keep track of what action items are being done by what
committees and then it would also relieve a deputy counsel from her onerous task of having to
jump into the meeting so much.
SW: Ah, Deputy Corporation Counsel Sylvia Wan – the secretary is already established by the agency
that is supervising GMAC, which is Barbara right now – Barbara Kossow. So that’s not an elected
position. That is Ms. Kossow right now. So that’s through the Office of Management and the
Mayor’s Office. And as far as my role is concerned, my role is delineated by a different part of
the Charter.
AA: Any other questions or comments, Bob?
RD: No thank you.
AA: OK. Thank you. \[Unclear\] just like to say thank you guys for supporting me in 2022 and I look
forward to working with everyone again in 2023. So, let’s – Brian cannot really speak. Sylvia can
I have a roll call vote to approve me as Chair and Brian Ley as Vice Chair.
SW: Yes, so the motion on the table is to approve Abraham Antonio as Chair and Brian Ley as Vice
Chair for the coming year starting January 2023. District – 1, Robert Duerr?
RD: Aye.
SW: District – 2, excused. District – 3, Leomana Turalde?
LT: Aye.
SW: District – 4, Brian Ley. He says “aye” and raises his hand in affirmative. District – 5, Abraham
Antonio?
AA: Aye.
SW: District – 6, Austin Griffey?
AG: Aye.
SW: District – 7, Natalie Reynolds?
NR: Aye.
SW: District – 8, excused. District – 9, excused. You have 6 ayes, Chair, and 3 excused. The motion
passes. Congratulations.
AA: OK. Thank you. Moving on back to order on the presentations. So, I invited Ian Cole to come and
do a report on the closed hunting areas. He is actually out in the field so…
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NR: Abraham, I’m so sorry but, we have to have our statements from the public at first because
some of them have to get back to work.
AA: OK. That’s fine. Sorry about that. Any statements from the public on agenda items? Please state
your name and you have 3 minutes.
JV: OK. Can you guys hear me? I don’t have a video that’s why.
SW: Yes, we can hear you.
JV: OK. Thank you. My name is Joanie Valencia – I am a small business owner who operates a
snorkel company out of Keauhou that does manta ray \[unclear\] out at the Keauhou site. I am
born and raised here in Kona and I wanted to start a business with our passion of the ocean and
our Island to educate every person who joins us of our rich culture of Hawaii and how to love
and respect our ocean and land. \[Unclear\] in regards to the upcoming proposed manta ray rules.
Having 3 minutes I wanted to narrow this down to how I feel that this will hurt many business
families in our community. My company along with other small business companies have
invested every penny we have to start our company or purchase an existing company. We
started our company about 10 years ago – the \[unclear\] DOBAR is now looking to decrease the
amount of manta ray permits that I think from somewhere around 72 to 74 down to 48 with
having 24 commercial mooring permits, giving each permit holder 1 of the 2 time slots per night
to help control the overcrowding at the sites. What will this do? I feel if the small companies,
such as myself, only has 1 permit – were to lose its permit for the manta ray tours – we would
lose about 80% of our income, which would then cause our business to fold along with other
companies. DOBAR wants to control the overcrowding for safety but with the proposed rules
this wouldn’t happen. Many Keauhou permit holders leave out of Keauhou and take their guests
to the Keauhou site on multiple trips per night. For instance, our company - we take 6 guests per
trip and we do two to four trips on any given night, allowing less guests in the water at once to
prevent the overcrowding and does not over crowd Keauhou Bay’s limited vehicle parking
situation all at once. So, for instance, our one trip will have maybe one to 3 cars per trip. But
with the new rules the state says up to 60 passengers on a vessel. So, let’s just say my small
company who goes out of Keauhou obtains a permit that allows me to have one trip per night -
with everything I invested instead of just doing my two to four trips down to one – why wouldn’t
I try and find funding to create a larger vessel so I can take 60 passengers – then creating
overcrowding not only out at the manta site but also at Keauhou parking. So, for instance –
having 30 vehicles at once. To me – letting smaller boats spread out our guests throughout the
night is a lot safer and not overcrowding them all at once. I feel there is a way that we can come
to an agreement that allows…
SW: Thirty seconds warning.
JV: ….OK. \[Unclear\] permits, also taking a look at the capacity of the vessels that are operating out
of the Keauhou site such as large vessels with 60 guests or more – possibly leaving a facility like
Kailua Pier that is built and designed for parking and larger docks for those vessels. Thank you.
AA: Thank you.
NR: Thank you, Joanie.
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RD: (R. Duerr) Thank you. Chair I have to go. I have to go and get my granddaughter. Thank you very
much and congratulations.
AA: Thanks, Rob. See you next month.
SW: Chair, it appears that you have one other testifier with their hand up – a Mr. Gary Rosenberg
and…
NR: Ah, it looks like two \[unclear\]…
SW: Yeah, and the next would be a Jonathan Drudge. Somebody by the name of “user” which
hopefully I can guess the name of.
AA: So, I call the next person up which is Greg?
SW: Gary Rosenberg.
AA: Gary Rosenberg.
GR: \[Unclear\] you guys, I just wanted to thank all of you for your work \[unclear\]…
AA: Gary we can’t hear you.
GR: Um, I’ve got a facility up in Kurtistown – we’re practicing regenerative agriculture and trying to
teach that and I’ve spoken to Brian and Abraham about the need to prevent the HogStop, um,
but I’ve also got a lot of animals up here and, I just want to invite everybody up to the \[unclear\]
we’re building and if they were – we’re eager to work with anybody to try to create a holistic
game management model for the entire County.
AA: Thanks, Gary.
SW: Next Chair you have Jonathan Drudge.
AA: Jonathan Drudge, if you have the computer ready you can speak.
SW: Yeah, and can you please state which agenda item you’re going to speak to?
JD: Ah, this is about the new proposed manta rules.
SW: Go ahead, you have three minutes to start now.
JD: Thank you, aloha everyone. My name is Jonathan Droggey, I’m here to speak about the
proposed new manta rules. I’m a local boy born and raised here on the Big Island. I’m a cultural
practitioner/environmental activist and a commercial operator out of Keauhou and Honokohau
Harbor with a 6-passenger, max capacity vessels. I have been operating since early 2012 and
have witnessed firsthand the manta ray operations at both Makako Bay and Keauhou Bay. I
have major concerns with the packet for several reasons all of which I cannot say in only 3
minutes to I’ll cut to the chase. The packet was put together by a few very well-known operators
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that have been dominating this industry for decades. It’s not a product for an accurate
representation of what we have all agreed upon or what is equitable and fair. There’s no
accurate data being provided with full transparency to the stakeholders, lawmakers or the
public that can back up claims of a) overcrowding. What’s overcrowded? The bay, the parking
lots – what number of cars \[unclear\] people define overcrowding – who is claiming it’s
overcrowded and what data do we have to back up that claim? Why haven’t any new viewing
sites been proposed to make room for new operators? Why doesn’t this packet include Mauna
Kea viewing area? b) They’re saying it’s unsafe. Who is saying it’s unsafe? What justifies the use
of that word – a word that is known to raise eyebrows of official agencies. We already have
existing laws that outline boating operations that do not \[unclear\] demographic like this packet
does. So, who stands to lose the most with implementation of this set of rules if you take away
all the local mom and pop boat companies is that what will make it more safe? And does
increasing operating fees make it more safe. This rule packet effectively destroys small local
businesses – taking caring eyes off of the resources and leaving these large companies to control
and dominate our resources unobstructed. This packet does not address any issues that would
make it safe for the mantas or people. People come here specifically to view the rays and who
better to show it to them than a Hawaiian or a local. We are trained professionals who deeply
care for the environment and marine life. There’s a lot of political jargon stuffed in this packet
and I would ask that you reject it in its full. Listen to the small businesses and revise this packet
so it’s transparent and fair with all the variables addressed. If the State can’t enforce the existing
laws what exactly will new laws do besides create more hardships for the small business owners.
We the little guys have…
SW: Thirty seconds remaining…
JD: ….been completely ignored in this rule-making process for 8 years. Please listen to us now.
Thank you for your time. Think deeply and sincerely as you make your decisions regarding this
matter – is this packet geared towards fairness and safety or is to accommodate the largest
operator and give them a monopoly? Thank you.
AA: Thank you Jonathan. Sylvia is there anybody else next?
SW: Is there anyone else that would like to testify? I have 2 hands up. I have somebody by the name
of “user” which I think she would need to tell her name as well as the agenda item that’s gonna
be called upon and then seconded, I also have Holly Craig.
AA: Thank you.
MW: My name is Melissa \[unclear, sounds like Worst\]. Aloha everyone. I’m a managing member
\[unclear\] which manages \[unclear\] which has 2 permits with the DLNR \[unclear\]. We are
\[unclear\]…
SW: I’m sorry…
AA: Excuse me. Hello. Hold on.
SW: I’m sorry, what item are you testifying to?
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MW: Manta rules proposal.
SW: OK. So, you can start now.
MW: OK, so I have had the Kalena Naia LLC. It’s 2 permits originated in 1998 and 2001. I purchased
the company in 2014 as a single woman owner and operator and began manta tours in February
of 2015. I use both of my boats which are permitted for mantas, but I have generally, have taken
one out at a time. \[Unclear\] the number of boats in the water because of DLNR’s issues
regarding which they started posing more in 2000 late 14 and 15. In June of 2015 after a
meeting at DLNR we – the operators at Keauhou – we formed a group – we called ourselves Hui
o Keauhou to discuss all of these issues because we have not \[unclear\] by the DLNR despite our
efforts to talk with them. After attending the meetings and submitting testimony repeatedly we
still felt unheard. We continued to meet actively setting up as a collective group to keep
Keauhou Bay safe for both mantas and for people and for our culture here and the community –
it is a community around Keauhou Bay. We held group – we’ve held regular Red Cross, First Aid,
CPR lifeguarding training for all of our crews. We attended the Manta Naturalist Course – most
of us did – to find out what was going on from their perspective and their information and we
continued to attend the DLNR public meetings up at the Civic Center and we wanted to ensure
that as operators at Keauhou we’re actively striving to make Keauhou safer, again, for the
mantas and the people. We to date have continued to be at an unfair disadvantage when –
we’re not only not heard but we’re not told about meetings that are coming up until very, very
last minute often times and an example of that would lately be the 48-hours’ notice we were
given to BLNR review of the manta rule proposals – the latest set because they have more…
SW: You have 30 seconds…
MW: ….OK. Thank you. And, um, so, and we had 48-hours and, yeah, our Keauhou folks jumped on
the plane – many of them – and went over to Oahu and then we attended the – I did not but
others did – the small business meeting and they unanimously deferred that item because they
understand that DLNR has not worked with the stakeholders at either end, really, but…
SW: Thank you. Thank you so much for the testimony.
MW: Thank you very much.
NR: I believe Holly was next.
SW: Yes, Chair, we have Holly Crane will be next.
HC: Hi. So, I’m testifying about the proposed manta rules and regulations as well.
SW: Thank you Miss Crane, you can start now.
HC: OK. My husband had to step away but my husband, Iko Balanga, and myself own Anelakai
Adventures. We are the only paddle power non-motorized Hawaiian double hulled canoe that
provides these tours which is the only true opportunity for non-swimmers, people with special
needs, disabilities, limited mobility to enjoy a view from the canoe. We have been in
communication with the DOBOR for several years now trying to find how we fit the rules, um,
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they’ve listened, they’ve heard – we’ve gone back and forth but we still don’t feel that we’re
accommodated at all in those rules. They’re clearly designed for motorized companies and as
some of the other testifiers said, it’s pretty clear that the bigger boats are gonna have a huge
advantage in this and one thing I wanted to stress is that we for sure focused on getting our
local community out, giving back, getting folks that live here out there so they can see firsthand
what it is. It’s one thing to look out there and see all these boats and think oh my goodness its
chaos – it is a very controlled chaos – we focus on the safety of recreational swimmers, we hand
out glow sticks to those who don’t have proper lighting – us on our waa we tell them, “Come by
the canoe, we have no motor, you’ll be safe by us.” But all of the companies in Keauhou truly
collectively work together – look out for each other and focus on safety. We focus on getting as
many people lifeguard certified as possible. It’s about keeping the mantas safe, it’s about
keeping guests safe and educating our community - I mean that’s what it’s all about is protecting
our resources and making sure that they’re here for future generations and the rules aren’t
really taking all of that into consideration. So, that’s really our goal is to just, you know, be as
safe as possible, as sustainable as possible and hope that the State would recognize that and
take that in to account in this rule making process. If Iko were here I’m sure he’d have
something else to say but he had to go pick up our daughter so – that’s really it for now. Thank
you for listening.
NR: Thank you, Holly.
SW: Ah, Chair, I believe you’re on mute. Thank you, Holly.
AA: Yeah, thank you, Holly. Just a reminder anyone that’s speaking just please state your guys’
name. All testifiers can you please – if you guys can – please put something in writing and send it
to the Mayor’s Office under GMAC. Do you have any other public testifiers?
SW: Ah, no, Chair, and I believe the proper method would be that their written testimony would be
submitted to GMAC and it will be made a part of GMAC’s record.
AA: Yes.
SW: There are no other testifiers.
AA: OK. Moving on to presentations – like I said I had Ian Cole but he’s out in the field – he’s the East
side Wildlife Biologist. We have Kanalu Sprout which is the West side Wildlife Biologist and he’s
gonna discuss about the closed hunting areas due to the Mauna Loa eruption.
AG: Eh, Abraham?
AA: Go ahead Austin. Austin, you wanted to say something.
AG: Yeah, I have somebody here that wants to testify for the manta ray.
SW: Ah, OK, we moved on…
AA: Ah, we kinda moved on from that already…
15
AG: Sorry, I thought I was trying to catch it at the tail end.
AA: Ah, just make it three minutes. Just state your name as well, cause I think he was – I think that’s
the person you have with you right? Austin?
JM: Aloha, my name is Jimmy Medeiros. I’ve from Honaunau. Can you hear me?
AA: Yeah, we can hear you know.
SW: Your 3 minutes are starting now.
JM: OK. I’m in support of the rule of making a less impact out there. I would support a rule that, not
allow it at all. I think that that is not good. As a Hawaiian culturally we never go out there and do
that to what we call the hahalua. That makes me upset every single time I even think about it.
So, this is all doing for money and this is harassment of the koa hahalua. Harassed by hundreds
of people every night lights going on for that immoral harassment so I’m here to testify that I
support the rule of reduction and I also would support the rule of totally and entirely stopping
this madness and I hope that this body can do something for save our animals in the ocean for
save ‘um because this is all commercialism – this is all about money, money, oh, I need money.
We already went break the dolphins till now we finally got a rule – it took 25 years to, actually
have a law to help start protecting them. We had to prove for 25 years, collect data, that shows
that our human impact does negative things. So now we’re starting on the manta – going to
take 25 years before you guys – before these businesses get stopped and slowed down. I’m glad
we’re starting right now with reduction so in Honaunau Bay – the Hui o Honaunau – we support
reduction, we support total stoppage of this abuse and harassment of the hahalua which is the
manta. So thank you for letting me testify today.
AA: Thank you, Jimmy.
AG: \[Unclear\] for Jimmy.
JM: Awesome.
?: Thank you.
AA: OK. Moving on again for the presentation. Kanalu? Are you ready?
PRESENTATION:
a. East DOFAW Wildlife Biologist Ian Cole will report on closed hunting areas due to the
eruption. (Kanalu Sproat to fill in).
KS: So, our Division had closed several hunting areas because of the volcanic activity but just this
morning we put out a press release pretty much opening all of them again except a couple so I’ll
talk about the ones that are closed. Mauna Loa Forest Reserve and Mauna Loa Observatory
Road are closed and will be closed probably for at least another month until things cool down.
And then that section right across from the Gil Kahele Recreation Area – that – they call it the
beak or the slices, kind of a little triangle that goes right up against PK boundary – that is closed
16
still too. If anybody has any other questions about what was closed and is now open, I can
answer those questions. I can, maybe I’ll just read our press release this morning, um, just for
clarity, I guess, just – so it says two weeks after they were closed due to the volcanic activity on
Mauna Loa the State Department of Land and Natural Resources, Division of Forestry and
Wildlife is reopening the following areas: Kapapala Forest Reserve, Ainapo Trail, Road and cabin
and Kipuka Ainahou Nene Sanctuary, Kapapala Unit J reopened for game bird hunting last
Saturday. We are also installing a gate on the Mauna Loa Access Road so that we can control all
traffic on that road. We do have some, maybe some questions for you guys, some input we
would like about that slice section that’s across from the Gil Kahele State Recreation Area, or
not state, just the Gil Kahele Recreation Area. We intend to do a rules change to make it only in
our tree area and not a rifle unit because right now it’s part of the whole unit A, right? I’m open
to input from you guys on what you think about that for us – the area’s pretty small – it’s right
on the PK boundary. Not a lot of safe shooting zones, shooting areas for a rifle so we want to
still keep hunting in the area, but we would like to make it archery. Also, on the Gil Kahele
Recreation side of the road we have put up safety zone boundaries, along the highway and out
behind pretty much up to the fence going around that recreation area so that there’s no hunting
in that space. Any questions or any concerns or thoughts?
LT: E Aloha Leomana – District 3 – first question is \[unclear\] the Department of Land and Natural
Resources – is that corner piece that you’re talking about \[unclear\] the DHHL designated
Conservation…
AA: Leomana? You coming in – I don’t know – if everybodys can hear him clearly cause I can’t hear…
KS: No, it sounded like a robot.
AA: Yeah.
LT: \[Unclear\]
AA: Try again Leomana…
LT: What about now, can you hear me now?
KS: Better.
LT: I just wanted to check where the boundary lines to the DHHL property and the Department of
Land and Natural Resources cause I know that, what is that Puunene – is that the corner piece
you’re talking about?
KS: No, no. The corner piece I’m talking about is right across from the – you know the old Mauna
Kea State Park right next to the PTA – right – Hilo side of the main PTA entrance.
LT: OK.
KS: That’s the part…
17
LT: Is that the boundary line to PTA and then you, I guess, DLNR gets the property between DHHL
and the base? I just trying to get an understanding of where the boundary lines of the property
you’re talking about.
KS: I have a screen shot. Can I share my screen?
LT: Oh, yeah, cause I was driving up there two days ago and I saw that they – somebody was making
a road, ah? With one of the old tractors right across from Puuhuluhulu. So I was wondering if
that was a fire break \[unclear\] lava or if you guys were doing, I mean, I know that’s DHHL
property but…
KS: I know we moved machines up there, to clean up the power line road as a fire break between
the flow, so, yes, we were, we are doing some cleaning up to make that firebreak defensible just
in case the flow does reach the road and starts a fire on the Mauna Kea side.
LT: What about right across the sheep station – cause that’s where I saw that – cause I was driving
night time and it was when the flow was on – so I couldn’t really see the trails but I could see
that it was going up towards the puu, I guess towards the park so I was just trying to check is
that is part of the project.
KS: OK. I going try to share my screen and I’ll show you just a map of what area I’m talking about.
OK, you guys can see my screen?
LT: Um-hum.
KS: OK. So, I’m not sure if you can see that circle. That’s Gil Kahele Recreation Area and the red
outline is there and that we have closed. So, it’s only a small area, it’s about 250 acres. And so,
where you’re talking about over – that’s Hawaiian Homes and I’m not…
LT: OK, yeah, OK.
KS: Yeah. Any other questions?
AG: Austin Griffey here, District – 6. I agree making that an archery area. It’s kinda way too close to
the highway to be shooting high powered rifles, even in that direction at a military base pretty
much you only can shoot one direction and that’s towards Mauna Loa. It’s definitely, not safe
for cars driving by and stuff like that for a rifle area, I, I definitely think it should be turned into
archery only.
AA: OK. Thanks Austin. At this time, we just discussing the closed areas. We can bring this subject
up of the rule change and possibly create a committee at next month’s meeting.
KS: I did ask for comments on that cause that is one of the areas that’s closed right now.
AA: Yeah, but we just, we gotta strongly stay on what’s on the agenda.
LT: OK. Leomana, District – 3. One more question. When you guys closed the road for \[unclear\]
access to Mauna Loa Road – who does the jurisdiction go to, to open the road? Cause I had a lot
of people that wanted to do cultural protocol but because the base shut down because of the
18
live ordinance and it’s just a base – everybody – I mean, the Hawaiians were looking for a place
that was safe that they can walk up and do protocol. I called Civil Defense, they said that they
don’t have jurisdiction and they actually gave me Cyrus Johnasen’s number for the Mayor’s
Office. So, I just wanted to check is it that office or you that has jurisdiction to allow…
KS: I’m guessing you guys talking about the Old Saddle Road that was opened – that special route
that was opened for viewing. Is that the place/area you’re talking about or are you talking about
the Mauna Loa Road?
LT: Well, the Mauna Loa Access Road cause I saw a lot of that, I mean, I’m not gonna rat people out
but I saw plenty people going up there this last weekend and some of them, you know, there’s
like a movie set in town. So they had access because they know someone and I also know
people who are trying to do cultural protocol but in a time sensitive matter like the lava flow –
we couldn’t get answers back from Civil Defense and, I called DLNR cause I can give you the
number I don’t know the office number over here but and they took about 4 days and they told
me at the end that the Mayor’s Office and I can call Cyrus because he would know. So, I guess,
because I have you right here I just – who, who can we call for future reference?
KS: So, you’re asking what – the Mauna Loa Observatory Road – that road or are you talking about
the Old Saddle Road or are you talking about both?
LT: I guess just – the DLNR shut down the road – or that, I mean, not the, I guess cause all that land
is DLNR land so who has jurisdiction over access if we would - wanted to do cultural protocol?
KS: I think it’s us and so you’d call our office, um, I do – I’m not exactly sure cause it’s not my side of
the Island but I’m pretty sure it’s us…
LT: Yeah…
KS: ….because we’re the ones putting the gate in too, so, um…
LT: OK. And where’s that gate going by – is it right behind Puuhuluhulu?
KS: I don’t know, I’m not involved directly. I just know that they’re putting the gate in, yeah, I don’t
know where they’re putting it.
LT: OK. All right, shoots, that’s all I have, thank you.
KS: OK.
SW: Chair, you’re muted.
AA: So, yeah, Leomana, I guess you’d have to call the east side Wildlife Division – like I stated
before…
KS: Honestly, for the gate I would call the Forestry guys – so Jay Hatayama is the Forest Manger –
they’re the ones putting the gate in – not us. We’re the same Division but they’re a different
section and their section is putting the gate in, so… I would talk to Jay.
19
AA: Any other questions or comments for Kanalu? I see Stanley Mendes.
SW: Mr. Mendes, you’re muted.
AA: OK. Stanley last call, Stanley.
SW: Ah, Chair, it appears that he’s having some technical difficulties. I have asked him to unmute
through the…
SM: Yeah, OK. Kanalu – where up on the Mauna Loa Road did the lava \[unclear\]?
KS: Ah, I’m not sure. I’ve seen pictures – it’s two different spots where it crossed. I don’t know how
high up, sorry, I don’t know. \[Unclear\] the road.
SM: Cause get on the road that goes towards \[unclear\] one gravel road about four miles up.
KS: OK.
SM: So, it came below there or above?
KS: I honestly don’t know. I know it came, I mean, we know that it came closer to the road, right, it
was almost what 1.7 miles from Daniel K? So where did it cross? I’m sorry I don’t know.
SM: OK. And that state park – how much an area – you going turn ‘em into archery or it’s just gonna
be no hunting period.
KS: We’re gonna turn it into archery on the PTA side of the road. Right now it’s still closed and it will
probably remain closed for as long as Mauna Loa is closed because of the lava, and then we will
do a 1020 rules change – kinda like that rules change that we – that draft that we sent to you
guys – we’ll do the same process to change that space into an archery space. It’s about, like I
said, it’s about 250 acres and then on the Gil Kahele side it’s about 100 acres that we turned into
a safety zone.
SM: So, no hunting period in the Kahele side?
KS: On the Gil side, correct… Between the highway and the fence no hunting – it’s a safety zone.
SM: So approximately about how much around the park \[unclear\].
KS: About 100 acres. Yeah, about 100 acres.
AA: Abraham, District – 5, so that’s completely around the park maybe what 20 yards, 50 yards
wide?
KS: Um, I mean the boundaries are pretty much the Daniel K Highway and the fence. The six foot
\[unclear\] behind the park.
SM: And on the Hilo side…
20
AA: Stanley? You got to state your name, ah Stanley.
SM: Oh, Stanley Mendes. On the Hilo side of the park about how far?
KS: I’m not exactly sure cause Ian’s the one that put up the signs, but I think it goes until – you know
how the road the Daniel K. Inouye Highway kind of pinches closer to the fence? I think that’s
kind of the area where it’s gonna end but I’m not exactly sure yet.
SM: OK. Thank you.
KS: Yeah, you’re welcome.
AA: OK. Any other comments for Kanalu? None? OK. Thank you, Kanalu.
KS: All right, thanks you guys.
AA: We’ll get together and discuss this \[unclear\] changes, yeah. Moving on to presentation, section
b – Brian Valencia – a local business owner will speak \[unclear\] related to the tourist operations,
problems, I also tried to invite John Kaiapo from NARS but he wasn’t available to make this
meeting so we’ll probably bring him in later on. So Brian, if you’re available you may speak.
b. Brian Balancio a local Business owner will speak on the current manta ray issues and
related tourist operations problems.
BV: Can you hear me?
SW: Yes, can you please state your name for the record?
BV: Yeah, I’m Brian Keoni Valencia. I’m gonna talk about the \[unclear\] proposals for the safety of the
people and the manta rays. Um, just gonna start a little bit about instruction on who I am. I’m
Brian and I’m a third generation commercial fisherman – I’ve been launching out of Keauhou
Harbor for about 30 years now and I’ve been a licensing captain for about 20 plus years. I’m
here today to share a little bit more of my concern about the new rules. They’re putting in – I do
a lot of stuff for the kids for Aloha Maps, which is a non-profit, we take local kids out – they can’t
afford to go view manta rays and can’t afford to do certain things – not just Hawaiian kids but
any kid, you know, any local kid. We take them out on Aloha Maps with two Aloha Maps and we
view the manta rays with them, and we educate them on manta rays. We let them know about
them the hahalua and, everything that they’re there for and another thing to is the biggest thing
that concerns me is these new rules that they came up with they want to put in 13 moorings.
One mooring is going to be for \[unclear\] and then 12 moorings for commercial. I totally disagree.
I see big safety concerns especially being a commercial fisherman knowing the currents, tides
and the way things work out there. It’s not a lake out there, and it’s never gonna be a lake and
current will change with the tide, things like that. Another thing that I wanna address is, they
want to take away live boating which is another big safety concern for me, live boating is really
safe and you can be right there with your people if anything’s happening I’ll get little bit back to
that in a little bit but these moorings I don’t think they’re good for the manta rays. They’re
gonna put \[unclear\] they want 12-13 moorings in – I think they shouldn’t put any in. There’s
21
already 5 moorings out there. These five moorings is enough for those big boats that come out
there and tie up to the moorings – cause they’re big and they can’t live boat, um, I would also
like to address what they want to do is they want to put these moorings in so that we can all tie
up to ‘em and have a shifts. Big safety concern there – super big – super huge – if we have to tie
up to a mooring ball and our people – see these mooring balls got to be spread out for about
100 yards because they’re 12 of them or 13 of them. If we’re 100 yards from the site – they
want to put a camp fire down in the bottom and they want us to swim our people to the site
where we can view the manta rays now – just so happened me or Dolphin Discoveries or
another boats there – see I’m a small business, I only have 6 passengers but say Dolphin
Discovery has 12 people – they got to swim 100 yards to the site – if the current’s going one
knot south – how are you gonna get there? There is no way, you’re tied up to a mooring –
you’re drifting one knot past your boat now – now I got to disconnect from my mooring and
save my people. Another thing, just so happened we got nice night – no current – OK – they
make it to the site – all of sudden the tide changes – the current goes the opposite direction –
now the currents they’re going north – I’m 100 yards away and they going farther away now and
I’m tied up to a mooring not knowing what they’re saying, what they’re doing, what’s going on. I
have no idea what’s happening with my people, um, what’s gonna happen is someone’s gonna
have a heart attack, a panic attack – how am I gonna be there to help them? I gotta disconnect
from my mooring now and go look for them and help them and I don’t know how these mooring
balls are gonna make it safer. Live boating – when you’re live boating you’re right there with
your people. They’re all on the board, everyone’s attached to a floating device – there’s a
lifeguard on the board and your guide and we’re ten yards away and a lot of times you have kids
that’s scared – they want to come back to the boat instantly – or you have say a 60-year-old guy
that’s just seen this 500-pound manta ray come up to them and just got a heart attack. How am
I supposed to help him, but if I’m ten yards away my guide can say we need help! I’m there in a
second or two seconds I’m there. I can pull. And this has happened before where we pull people
out of the water in seconds, save their lives and you know brought them back. You know, we
had these things happen already, it’s not if it’s when it’s gonna happen and if I’m tied up to a
mooring ball there’s no way I’m gonna save this guy’s life and in the day time, you know, um,
these mooring balls were actually made for scuba diving so I personally believe you shouldn’t
have any scuba diving down there at Keauhou Bay because of the coral, we’re damaging the
coral. Why are we gonna put more mooring balls in and drill into the coral so we can get more
structure for manta rays to try to get around and maneuver on their feeding site – that they’ve
been feeding there for over 70 years. Keauhou Bay, Keauhou is like a little peninsula, it actually
sticks out a little bit and it’s perfect for plankton – plankton goes through there, I mean, it’s a
natural feeding place for the manta rays – naturally. Not because of the lights – not because of
we’re putting lines out – they’re naturally going to be there no matter what they’re naturally
gonna be there, um, you know, we’re trying to make it safe for the manta rays – educate the
people on ‘em – we make sure they don’t touch them – we’re a very small group – the kids love
‘em – the local kids – they’re so happy – the smile on their faces – just trying to educate people
about it – it’s not about the money – it’s about, you know, we make a living off of it – we get by
– but to do this for the kids and for the people to enjoy what Hawaii has to offer, I mean, you
come to Hawaii to see Hawaii, you know, you can’t see dolphins anymore, um, and, you know, I
kinda agree with the dolphin thing a little bit because, there was people that was abusing that,
you know? And I understand it, but, the hahalua – they’re not a mammal – they don’t need to
sleep – they eat 22 hours of the day. Who knows they’re better than the people that are out
there like us, like me, like other charter boats like Johnny, um, you know, Bambi, like we’re all
out there thousands and thousands of hours – paying attention to these manta rays – respecting
22
them, helping them, they’re feeding – they going feed there no matter what – there’s so much
plankton there – it’s just a natural spot the plankton come to, um, I’ve seen them flipping away
from the light not even under our board, that’s where the food is. Another thing too that I
wanted to get in to is Kealakekua Bay, you know, what are you gonna do at Kealakekua Bay –
there’s all live boating in there. Five hundred people a day during summer. Five hundred people
a day starting next week. Live boating. No one’s on a board. Everyone’s free swimming
everywhere. Live boating everywhere. Are you gonna start and put mooring balls in there too? I
mean, if it’s not – if it’s safe for there, why is it not safe for Keauhou Bay? I mean, what’s the
difference there? They’re saying that there’s too much people – overcrowding – if you want to
prevent overcrowding ah there’s a simple solution to it – I mean, we have – the permittees out
of Keauhou cannot overcrowd Keauhou. Honokohau \[unclear\] whenever’s there’s no \[unclear\]
all the boats come down to Keauhou. Then you got 28 boats out there, at least, 28 boats. Now
that looks like chaos and it looks really bad. It’s controlled chaos – everyone talks to each other
everyone works together but it looks bad. If they just kept the north boats north and they can
only go to Makako. Makako and Keauhou is two totally different sites. Two totally different
sites. Makako is for scuba cause there’s sand – they’re gonna walk on the sand – they’re not
gonna break coral and it’s legal there. Keauhou site if you go scuba there – they want to put
these moorings in so you can do scuba but – you walk on the coral reefs – you’re gonna break
the reefs. So, we have to oust the scuba from there and you know I just seen on the news a boat
ran aground on Oahu - $45,000 fine for damaging the coral down in Oahu – this just happened
like a week or two ago. I mean, isn’t that the same thing when you’re down on the coral
stepping on with scuba \[unclear\] you’re damaging the coral – same thing – and those guys got a
$45,000 fine – their boat went up on the rocks. So, I just trying to implement that what we do
out there is not all about the money. It’s not, it’s really not. Educating the kids, educating the
public – the people that swim out and not only that. If you eliminate the Honokohau boats
coming down to Keauhou – they got to stay at Makako – we stay here – you’re gonna knock out
four birds with one stone. You gonna help the opelu fishermen that get pissed off because now
they got to run back to Honokohau – when they’re going back they’re not paying attention –
they’re on auto-pilot so they almost run over how many commercial fishermen – that’s why
Brian Kithikawa \[sp?\] was on that last meetings grumbling that these guys almost run me over,
which is true. I’m a commercial fisherman, I’m out there – I almost got run over many times,
many times and I’m catching opelu all the times – you can ask Mr. Griffey – he knows me – he
knows that I’m a commercial fisherman and that what I do, um, you know, um, it’s just that now
if we can eliminate Honokohau coming down to Keauhou site – that will – the fishermen will be
happy, the overcrowding will be done. No overcrowding. The scuba done – you’re saving the
coral – we, you don’t need these moorings in – we’re not gonna need, you know, we’re – the
fishermen are gonna be happy. As far as the parking down at Keauhou Bay – that is a big
problem and I’ve grumbled many times before, I’ve been grumbled to many times before, and,
the way that we can solve that like what Joanie said earlier that, if the big boats – they bring in
70 – how many cars is that, right? If they could just – their permit would be at Keauhou but they
would have to pick up their passengers at the pier, which is built for it, you know, \[unclear\]… I’m
just trying to give you guys solutions and let you guys know about manta rays. That’s pretty
much my talk, you know, about the overcrowding – I just wanted to let you guys know about
Kealakekua Bay, there’s so much free live boat – they want to stop live boating at Keauhou but
live boat is OK in Kealakekua Bay?
AA: OK, OK, Brian, Abraham, District -5. Thank you very much.
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NR: Natalie, District – 7, I had a couple of questions for Brian.
AA: Go ahead.
NR: Brian you stated – I have a few questions, though, really quick. 1) you kept saying you’re helping
the manta rays. How are you helping them?
BV: OK. Like a lot of times – we’re in the water with them all the time so our guides feed the manta
rays every night. A lot of times there’s hooks stuck, there’s line wrapped around them – spectra
line – which is line that would not rot - it would stay there forever. My guy comes to me, he
says, hey, I need a scissors, I got to cut the line out. They go over there – soon as he comes up
\[unclear\] boom, snip the line off. Yeah, soon as they come up, they’re rolling under our board
and we’re taking this gear off of them. We take off line, \[unclear\], hooks, I mean, I even took out
– there was a scuba diver that came from shore – they came out with a dive buoy and it got
caught on him and Holly guys boat guys seen it too and it went right under my boat and went
straight into the channel so I went over there it was stuck on the buoy, so I went over there and
I grabbed the buoy – he came up and he flipped – actually it was manta ray – I know which ray it
was – she came up and she flipped over and I got her untangled from the buoy – so if I didn’t do
that she would have been wrapped up – she would have died – there is no way that she would
have lived because that buoy would have prevented her from travelling and she wouldn’t be
able to get clean salt water through her gills – she would have been wrapped up and done, I
mean, we unraveled her, I unraveled her right there and I got her out – so that’s how I say we
help save the mantas. We take out hooks, we take out the line and they’re back tomorrow night
– we come tomorrow night and they’re back, I mean, they’ve got \[unclear\] you know, that’s how
we save them – that’s one way.
NR: And can live boating, if it’s allowed to stay – does that hurt the manta rays at all?
BV: Well, I don’t see how live boating can hurt the manta ray because we’re only putting the boat in
gear – it’s just in and out of gear, in and out of gear, in and out of gear. So there is, I mean,
manta rays are aware of us no matter what – they’re super smart animals, um, you know, they
actually talk to us – they tell us where to go, I mean, they come in, if there’s no plankton under
our board – they swim away – they come back – they swim away – come back telling us to go
over there – boom! It lights up – all plankton and they start flipping under, you know, they like
\[unclear\] because it’s easier for them to feed. So, they’re super smart. I’ve never seen anyone
run over a manta ray in the manta site, um, I’ve heard of and I’ve seen scars on manta rays
before but the only way that I think that that could happen is if you’re in 15-20 \[unclear\] like
boats that are \[unclear\] just blowing all over, jet skis going super-fast, ah, you know, just kinda
going real fast not paying attention having fun and not paying attention to what’s in the water
and that’s how we are targeting – that’s how they’re hitting the manta rays, cause the manta
rays, like I say they see 22 hours of the day so they’re on the top looking for plankton and
rolling, you know, there’s 2 spots where they do it during the day and it’s right there at
Keauhou. So, people flying in super-fast – maybe they just need to slow down before they get to
the entrance or know that there’s a manta site there and make it illegal to go over six knots
when you get within 100 yards or something like that and that’ll help – I know it will.
NR: Thank you, Brian, and thank you for your work with teaming up with Aloha Maps and the
\[unclear\].
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BV: Yeah, you’re welcome. Thanks, thanks you guys.
AA: Any other comments or questions for Brian from the Commissioners?
LT: E’o. Aloha, this is Leomana, District – 3. I just wanted to show my support for everybody who
testified today. I thank you for that presentation – I don’t know what Aloha Maps is but, eh, you
guys are from this area, you sound like the expert out there – I support whatever you have in
mind and if we look at the business industry of Kona there’s so many people out there
nowadays trying to start their own businesses and \[unclear\] I 100% know that the state doesn’t
care – they allow this free-for-all game in Kona. I’ve seen this my whole life and, you know, I’ve
raced Lava Man – I love Keauhou Bay – I grew up over there paddling canoe, diving and I
watched as the tourists just come in, come in, come in and, you know, we just sell out for
money and I just wanted to say that I support whatever you guys doing, like protect that place
cause in the end it’s gonna turn like Oahu. You know, I used to be a tour guide on Oahu and all
the moorings and all the stuff – they just break the reef and the fish are gone and the people
cannot eat and the big animals done and the junk animals live, you know, not junk animals but,
you know, the animals that we don’t eat or don’t serve us so, eh, keep going brah I support you
guys.
BV: Mahalo.
AA: Any other questions or comments for Brian?
NR: Sylvia, I have a question. Am I allowed to make a motion to add to the manta ray investigation
committee? Cause I have three in my committee, and I thought I read that I’m allowed to have 5
and I didn’t know if this since this is a hot topic today if members of the public would like to join
– if they are allowed to join?
SW: So generally – one second - I’m trying to find the agenda again – I had it and then I minimized it.
I believe you are addressing PIGS at a later time in the agenda. If you think that it would make
sense to add people at that time, I think that that would be the appropriate time. Generally
speaking, though – when a PIG is created it’s created but because I don’t think you guys have a
report \[unclear\].
NR: At any time? And who do I contact?
SW: No, I don’t think you can add it any time, you have added during the meeting when it’s \[unclear\]
on the agenda, which is currently at 10 c.
NR: OK. At what c?
SW: It’s on the agenda at number 10 c. – Committee Reports.
NR: OK. Thank you.
AA: So actually I think Natalie can make a motion to move that out of order.
NR: I would like to make a motion to move 10 c. out of order.
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SW: I’m sorry, just for clarification before we move on that motion – is Mr. Valencia – are we finished
with his presentation?
AA: Yes.
SW: OK.
AA: There was no other questions and comments except for what Natalie is bringing forward right
now.
SW: OK, thank you.
AA: Ah, Abraham second that motion for Natalie to bring section 10 c. out of order.
NR: So, at this time I would like to know if any members of the public would like to join the Manta
Ray Commission investigating the new rules and regulations.
AA: Any Sylvia, how much more people can be added on to Natalie’s Manta Ray Committee?
NR: Brian, you have to unmute.
AA: Natalie Reynold’s…
BV: \[Unclear\]
AA: Hold on, hold on. Right now, there’s Natalie Reynolds, Robert Duerr, and Teresa Nakama from
the public. So that’s three and I think you can have two more people from the public. Am I
correct, Sylvia?
SW: That sounds about right but I have to call the roll, but that does sound right.
AA: OK, Natalie…
NR: I see that…
AA: If there’s two other people that want to join in your manta ray committee…
NR: I saw our speaker, Brian is interested and I believe it was Holly Crane?
HC: Can I ask a question – I just want to have a better understanding of what this Committee means.
Is that OK?
NR: A committee, yeah, so it’s the investigations of the new rules that are being – that were just
recently released so it’s the investigations – so what we do is we review the rules and the
committee comes up with suggestions as to what to present.
HC: OK. I…
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AA: To the Commission…
NR: To the Commission...
HC: Yeah.
NR: Yeah, OK, awesome, thank you, I appreciate it. So, I have two Sylvia.
SW: OK. I just want to make sure that Ms. Crane and Mr. Valencia – if you can please email or
contact Barbara Kossow who is the secretary – her contact information is on the agenda. Please
provide her with your contact information so that it may be shared with the PIG – with the
Committee.
BV: Got it.
AA: Thank you guys for your…
NR: Thank you.
AA: Thank you guys for you guys help. Ah, moving back in order under 6. Presentations, section c. –
Jimmy Medeiros – a local fisherman will share his concerns about the Honaunau Boat Ramp’s
lack of adequate informational signage. Ah, Jimmy, if you’re still in you can start speaking/
c. Jimmy Medeiros a local fisherman will share his concerns about the Honaunau boat
ramps, and lack of adequate informational signage.
AG: Abraham – Austin here, District – 6. Jimmy had to leave he had some stuff he had to attend to
but he told he’s in contact with everybody he needs to be in contact with to fix everything that
we need to have addressed so we should be good on the topic.
SW: So Commissioner Griffey are you asking to remove this from the agenda to \[unclear\]?
AG: Yes.
SW: Or just to move on?
AG: Just move on. He has everything he needs to move forward with repairs and everything like
that. He’s got in contact with the other people that can actually move forward progress already
so I kind of came – met up with him like right in the middle of the process to where he got in
touch with the people that he needs to fix…
SW: I understand Commissioner – I guess I was looking for a motion cause it sounded like you
wanted to make a motion regarding \[unclear\].
AA: Austin, did we need to have discussion on this topic regarding the signage though per Maurice
Messina or is that already all handled?
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AG: Yeah, it’s all…
AA: And we kinda of remove this from the agenda.
AG: We can just remove it from anything in the future – he has what he needs.
AA: OK. I guess if he needs anymore other help then he gets back to you on anything else then just
reach back out.
AG: OK. Right on, thank you.
NEW BUSINESS:
a. Discussion of GMAC Financial Report.
AA: OK. Under New Business – discussion of financial report. So, did everybody get the financial
report? You should all have got it in your guys’ packets and the emails. Did you guys all get it?
SW: I’m seeing Ms. Reynolds nodding her head yes. Ah, Mr. Turalde nodding his head yes. Ah Mr. Ley
\[unclear\] came back. It appears that Mr. Griffey is looking at it now.
AA: OK. Is there any questions or comments on the financial report?
LT: Leomana, District – 3, is this where we can – you know how I always talk about what are, not, I
guess, what does the Commission pay for that we can go out and do within our own districts -
like let’s say if we wanted to take a tour around the district through the properties – is this how
we request the gas money or the funds that it would take to do all of those projects?
SW: Deputy Corporation Counsel Sylvia Wan – just so you know – this particular budget is the
Mayor’s Office budget for the operation of these meetings. So, the gas mileage and all of that is
for meetings that are held in Kona for Hilo people to travel to Kona if the meeting is held in Hilo
it’s for Kona people to travel to Hilo and like, so, the budget is for the operation of the
Commission meetings.
LT: Leomana, District – 3, so this is just for the meetings, that’s it – not for, cause, OK, I guess I was
trying, I was looking at the travel expenses from last year and trying to figure out where does
that fall and also I always ask like can we get someone to – from DLNR – to take us around our
own personal districts – cause I know the boundary lines for the districts change all the time and
I don’t know who pays for all of that for the DLNR time to guide us around. So I’m just trying to
find out where we ask for that funding.
SW: So, that question that you have right now also seems to go to your rules, responsibilities and
power as Commissioner, which we can have that discussion off line because that is an attorney-
client discussion. I’m more than happy to have that discussion with you, but as far as the budget
goes – the budget is for the operation of the Committee meetings.
AA: Can I make a motion to – are you prepared to handle that right now or no, not at all.
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SW: I have misplaced my charter at the moment. I know I had – I literally had it like two moments
ago so if you give me a couple of minutes, I probably could answer that question. Do you want
to go into an executive session? Is that what you’re considering?
AA: If you’re prepared for it but if you’re not then we can do it another – we can schedule
something later.
SW: I can do that now.
Action: A motion was made by A. Antonio to move to into Executive Session to discuss the
financial report. Seconded by L. Turalde. Motion passed unanimously by voice vote.
Executive Session ends. Return to general meeting.
SW: Sir, now we’re back into regular session.
AA: OK, now, Leomana, you can do it.
Action: A motion was made by L. Turalde to approve the financial report. Seconded by N.
Reynolds. Motion passed unanimously by voice vote.
LT: Leomana, District – 3, I’d like to make a motion to approve the financial report we just went
over.
NR: Natalie Reynolds, District – 7, I second that motion.
AA: Any last discussions or questions on the financial report? Seeing none, Sylvia can we have one
roll call vote please.
SW: Yes. Robert Duerr, District 1, excused. District – 2, excused. District – 3, Leomana Turalde?
LT: Aye.
SW: District – 4, Brian Ley.
BL: Aye.
SW: District – 5, Abraham Antonio?
AA: Aye.
SW: District – 6, Austin Griffey?
AG: Aye.
SW: District – 7, Natalie Reynolds?
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NR: Aye.
SW: District 8 and District 9, excused. You have 5 ayes, 4 absent – the motion passes.
GMAC Quarterly Report to County Council and Mayor.
AA: OK. Are we done with New Business, Old Business? I think so. Oh, actually, New Business,
Section c., GMAC quarterly report to the County Council and Mayor’s Office. Ah, I think Sylvia
you had some discussion on that?
SW: Deputy Corporation Counsel – Sylvia Wan. So according to the Charter – GMAC needs to provide
quarterly reports to the County Council so I asked the Chair if we could put this on the agenda
because I’ve been made aware that the quarterly reports were not happening. So, I wanted to,
at least, start the discussion on this. I understand that these quarterly reports may not actually
th
start until the next year just because the 4 quarter would be due in January.
AA: OK. Abraham – District 5, so I kinda already put Cortney in charge of that so by next meeting
she’ll have the August, or October to December report?
SW Yeah, October, November, December quarterly, yes.
AA: Yeah, so she’s already doing that. She’ll have it drafted up for you before next meeting and the
Commission can approve that for January. And then…
SW: OK. I believe you need to officially open that – you’d have to assign it to her now in this meeting.
AA: She’s not here. I officially assign Cortney Okumura that is not present to do that task of the…
LT: I second that motion…
NR: I second it…
AA: ….for October to December.
SW: OK.
AA: We’ll get it – no worry – we’ll get it one day.
NR: We love you Sylvia – only this meeting though…
SW: Well, I try my best all the time, you know, \[unclear\] I just try.
AA: OK. So now Announcements. So that’s the last of that, so Announcements. Board of Land and
Natural Resources meeting agenda item – \[unclear\] rule changes for lower Puna – so this
rd
already came up a bunch of times – it’s on their agenda coming on January 13 and the 23? I
think that’s some kind of typo because I know it’s on the January 23, 2023.
rd
NR: Did you say it’s the 23?
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thrd
AA: Well, it says the 13 and 23 so you guys can go to the DLNR website and see when the meeting
is – the time actually – I think it’s like 9:00a in the morning – the DLNR and DAR Amendments to
Fishing Regulations regarding Reef Fish – was just on December 6. I didn’t make it to that
meeting but and then DAR proposal – Section C DAR Proposal to adopt rules for the Pakuikui
Replenishment – that meeting was on their agenda December 9, and that one actually made it
to social media so they adopted that rule to replenish the Pakuikui, Section D under
Announcements – actually do you guys have any other questions or comments on A, B, or C?
LT: Leomana, District – 3. I just wanted to check who the new chair is?
AA: We never get to that part yet, I still waiting, myself…
LT: OK.
AA: I asking pretty much like daily.
LT: I was on the line to meetings of \[unclear\].
NR: Is there a way that they can – since we’re GMAC – is there a way that they can communicate
with us cause I know like when you sent it to me it was, you know, slightly last minute cause you
had just received it last minute. Is there a way that we can get in communication with them to
be a part of it or do we have to go – I hate social media so I don’t…
AA: Well, yeah, the majority of the stuff that I find out that everybody questions me on is – I get it
from social media – but if you go on to their website – if you go on to their email list the DAR…
NR: Yeah…
AA: ….DLNR’s jump on – whatever…
NR: Cause that’s just the only one, right, like you just have to go on and select each different item
for like boating and recreation, for example. OK.
AA: You can go on their information email list – kind of like what happens with us with the GMAC
and the County and then everything that happens you’ll get it that way. Ah, Public Shooting
Range Development Report – so even this one – it recently was in the newspaper – after we
advised one of the legislators last legislative season and it turned into a law and they created a
working group, me and Brian Ley was at some Puna event out in Pahoa and we talked to the
Planning Director and asked him questions about it and he said, oh, we already had couple
meetings about the shooting range. And I’m like – can we be involved? Like how can we jump on
this thing so long story short he sent me on an email thread so they’re having their next meeting
in January so, I’ll jump into that meeting and it’ll probably have a report hopefully by next
meeting. As far as the public shooting range – I’d like – by next meeting even though I’m gonna
be the first one cause I was kinda invited – I want to put another representative from GMAC into
the shooting range facility working group. So, keep that in mind, if anybody else wants to jump
into that public range.
AG: Eh, Abraham, Austin here – is that in my district – the Manuka State Forest Reserve?
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AA: No Austin – they took it back to making down in Puuanahulu which is in George and I think
Cortney kind of share that borderline.
AG: OK. Thanks.
AA: It’s right by the Puuanahulu Transfer Station. It’s like one square mile. But, if you want to be in
the meetings then that’s fine too, you don’t need to be in that district to be involved in that.
AG: I’m good, I’m in enough meetings as it is.
AA: OK. So am I… Ah, Committee Reports – Laynet Rules and Regulations – that Committee the Chair
is Robert Duerr.
SW: Deputy Corporation Counsel Sylvia Wan – I believe you skipped over Announcement 9 e. GMAC
Commissioner Kean Umeda term ending December 31?
AA: I don’t have it on here, but yeah… So, thank you for bringing that up. Kean Umeda – I think he
did a 5-year term. His term ends at the end of the month. So, I’d just like to thank Kean Umeda
for his time and his service with GMAC. He hasn’t been able to join the last few meetings from
September ever since we went to our daytime meetings but, I talked to him a couple of times
after that – he’s still in support of GMAC. He actually found someone who could replace him but
that’s hitting couple road blocks within that person’s job but hopefully we can get that person as
well. Other than that – if anybody else knows of anybody in District – 2 that would be willing to
join the Commission – please go to the County website and apply. OK.
LT: OK. Aloha, Leomana, District – 3. Where is the boundary lines for District – 2?
AA: Ah, Barbara, would you be able to help him out with that?
BK: Leomana – I’ll look it up and send it to you.
LT: OK. Thank you.
AA: Any other questions? Oh, and Barbara, if you’re making Kean a certificate just pouch it over to
me and I can go and deliver to him maybe. OK. Moving on to Committee Reports – laynet rules
and regulations, Robert Duerr is the Chairman. Cortney’s out. Brian Ley would you be able to
make a report on that or not at this time?
SW: Deputy Corporation Counsel Sylvia Wan. I saw Commissioner Ley shaking his head in the
negative.
AA: OK. Thank you. Next is the legislative – that one just started so we don’t have anything yet. Me
as the Chair, Leomana and Brian. Manta Ray – Natalie Reynolds do you have any report at this
time?
NR: Ah, basically \[unclear\].
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AA: Oh, you just went \[unclear\].
NR: I know, Sylvia, am I allowed to speak, or no?
SW: Well, ah, Deputy Corporation Counsel Sylvia Wan – technically you called this item earlier in the
agenda so now you would be double calling it.
NR: I make a motion to double call it?
SW: I don’t know if that quite works but if there is an actual report, I mean…
AA: Yeah, cause the call was actually for, I mean…
NR: No, the call, yeah, it was just to invite people to participate in this amazing committee.
AA: Awesome.
SW: Yeah, but generally…
AA: Do you have a report?
SW: Yeah…
NR: It’s basically…
AA: We’re running out of time, do you have your report?
NR: I’d like to table it \[unclear\] and move it \[unclear\].
AA: OK. Puuanahulu and Puuwaawaa Administration Rules Change Committee Report – that was
also I think you guys have \[unclear\]. Brian Ley is the Chairman – do you have any report on it
Brian?
SW: Ah, Deputy Corporation Counsel Sylvia Wan – it appears that Commissioner Ley is shaking his
head in the negative.
AA: Other than that – anybody like to make a motion to Adjourn?
LT: I’d like to report on my district first.
AA: OK. Leomana, District – 3. Sorry, you know, well it’s just because I got 2.2 million gallons of raw
sewage spilling into our oceans where we all go fish so every time the big swells come in – if you
guys are not familiar with the big waves here in Hilo – our sewer plants – they’re 50 years
overdue – they’re broken – whenever the swells come in the mile-long pipeline – they have a
pressure back-up and it’s also the best time for them to release all the sewage cause of the
waves. This last one there’s 2.2 million gallons that leaked out into Keaukaha on the break wall
spreading into the whole east coast. I got videos of it - I just wanted to make that known that in
a fishing areas where out ocean food is – we got poop – and that’s also the prime tourist spot so
all the tourists, you know, we gotta help the – we got to get in touch with Hawaii Tourism
33
Authority and tell them we cannot be doing this where the tourists are swimming. It’s for the
tourists we got to keep them safe, also, the lava flow. I know was asking about the lava flow
earlier – it covered from one quarter way by the turn on Mauna Loa Road and it just went into
the tops of my district which is District – 3. A lot of the game animals inside of that area ran
across down to – into the Ainahou area from the base and from Mauna Loa and so that’s where
all the sheep are now and on the top of Mauna Kea jumping the fence – I saw them yesterday –
and in Hilo we gave out since the issuing of concealed carry having to do with weapons – we
issued out 19 concealed carry permits in Hawaii County up until 2 days ago – last where I
checked and that’s what I have for my district. Thank you.
NR: So, I have a question Leomana. Are you gonna try to head up or create a committee in regards,
to the sewage issue and tourism? Are you taking that on or are you asking someone to do that?
LT: No, I’m just making it known. I think right now the County is switching that spot anyway, you
know, Keaukaha is an old facility that they still run some pipes through – it belongs to UH
Marine Biology Center now so they need – Hawaii County needs to build a new one someplace
else because the old one behind the airport is broken and, I mean, there’s no need for an
investigation it’s just, you know, 2.2 million gallons and it’s pumping into the ocean on this side
and then \[unclear\] touched the water in Hilo and we got kids and family that fish and swim in
Keaukaha so… I know that’s not like a singular thing within me, I’m just trying to get all of the
Island aware, and I don’t push the issue and narrative.
ADJOURNMENT: (4:00 P.M.)
SW: Deputy Corporation Counsel Sylvia Wan. I would note Chair that we are over time. I think it
would be best a motion to move the rest of the Commissioner District Reports to the next
meeting and…
AA: Yeah. Trying to get to it.
NR: Aye.
SW: District – 8, District – 9, excused. You have 5 “ayes” to adjourn and 4 excused. Motion passes.
AA: OK. Thank you. Everybody, have a good night. Merry Christmas.
LT: Good meeting everyone. Aloha.
The meeting officially adjourned at 4:03 p.m.
Next Meeting: January 17, 2023.
Respectfully submitted by,
Barbara Kossow
Secretary
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