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HomeMy WebLinkAboutGMAC draft minutes 11.15 Game Management Advisory Commission County of Hawai’i Minutes Meeting Date: November 15, 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, via Zoom District 7 – Natalie Reynolds – Present, Via Zoom District 8 – Cortney Okumura – Present via Zoom District 9 - George Donev, excused Quorum Established STAFF: Sylvia Wan, Deputy Attorney, Corporation Counsel, via ZoomBarbara Kossow, Administrative Specialist, Mayor’s Kona Office, via Zoom 2. APPROVAL OF MINUTES: October 18, 2022 Action: Motion made by R. Duerr to approve October 18, 2022 minutes as circulated. Seconded by C. Okumura. Motion carried unanimously by voice vote. 3. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: None 4. COMMISSIONER REPORT BY DISTRICT: RD: R. Duerr - District 1 – right now we have access to \[unclear\] in four places. Waipio Valley, Laupahoehoe with the ramp, Pepeekeo with a developer who’s contesting public access for fishers, and then Hakalau’s ongoing shut down. The other thing that came to the attention from District 1 was a note from Council Chair Heather Kimball on nuisance pigs and what homeowners could do and was there any way to get help. That’s about what I know in District 1. 1 AA: OK. Would you like to open up to discussion on any of those items at this time or do you just want to put it out for future agenda items? RD: Ah, yeah, just letting people know what’s gonna come up. AA: OK. Thanks. District 2, Kean is absent, excused. District – 3, Leomana? LT: E Aloha. For District – 3, more of the same thing with the pigs, sorry, \[unclear\] just about the pigs down in Panaewa on the Hawaiian Homes \[unclear\] a couple of the wood mill factories are moving out and people are fencing the areas so there’s been more pigs on the side of the road right near the intersection of Kuailani, and also into Keaukaha they just finished paving the roads and they’re gonna open up the roads 100% so Keaukaha is going to be having a lot more ocean traffic in the water. I’m not sure how that’s gonna impact all of our shorelines over there, ah, but \[unclear\] just opened up, so gonna expect more people in there. That’s it. AA: OK. Thanks. You’d like to have any discussion on any of your items? LT: No. AA: Thanks, Leomana. District – 4, Brian Ley? BL: \[Unclear\] regards to the rule changes \[unclear\]… AA: Hey, Brian, you’re coming in spotty, breaking up. BL: OK. Ah, not yet, the lawyers got it and they’ve probably decided the Chair should sign it – I’ll let you know when it gets to the BLNR agenda. I’ve only done the one for the Puna pig rules, the others we’ve discussed I might even see how they hurry up and… AA: Brian, sorry, you can repeat that again – cannot hear you. BL: All right, can you hear me now or? AA: Still kinda coming in splotchy. BL: All right, I don’t know what to say about it. \[Unclear\] no report. AA: OK. Thanks, Brian. District – 5, up in the NARS area which is the Puumakaala Natural Reserve Area – they’ve been fencing that area for many years now – that’s in the Kulani- Stainback Forest Reserve Area, ah, \[unclear\] reach out to NARS coming up in the next few weeks… 2 AA: Hello? Can everybody hear us? AG: I can hear you. I cannot hear \[unclear\] sometimes. AA: Yeah, only you, I guess, in response. SW: Chair, we can hear you. AG: I can hear you too as well. This is Austin. AA: OK. Thanks, Austin. CO: I can hear you – Natalie. AA: Thanks, Natalie. Yeah, so the fencing continues to move on – I’ll just reach out to them and ask for an update on their progress within the fencing NARS unit – up in that area. That’s all I get to report for District -5. District – 6, Austin Griffey? AG: Austin Griffey - Howzit, Guys? District – 6 report. Noticing a lot of wild dog activity up in the Kau Forest Reserve. Um, got a video of like 4 dogs chasing the wild mouflons around and it’s kinda impacted the area pretty heavily. I’ve – probably went up there the last 4 trips and the number that I’ve seen in the area usually around 40-50 sheep in that area and it went down 20 so that I know that they’re pushed out of that area which makes it hard for the public hunters to get up in there and actually hunt ‘em. Other than that – that’s pretty much all I got from District 6 at this moment. AA: Anymore discussion with that or are you good? AG: I’m good for now. I wanna do a little bit more boots on the ground and see if I can find where their homes are at and see actually where they’re coming from. If they’re coming from the ranch area then we can connect and talk to the ranchers, if not, then we’ll see if we can talk to the state about some kind of trapping \[unclear\] for these dogs. AA: OK. And what about your last meeting. You was mentioning about the parking signs by the beach park area. AG: Yeah, so I spoke to Uncle Jimmy down at Honaunau Beach – I’m gonna try and get him on this next meeting if we can talk about it and put it on the agenda – the Honaunau Boat Ramp improvements and signs. No parking signs and informational sign. AA: OK. Thanks, Austin. Ah, District-7, Natalie Reynolds? NR: Hi. Thank you, Chair Abraham. The only thing that I have is down at Keauhou Bay is like people that have their manta ray tour permits are upset because there’s a limited 3 amount that are going out and, yet, people are still using manta rays \[unclear\] and there’s like a variety of people that are upset from where, you know, how can we at GMAC help them regulate that as well as, just too many people out there and it causes stress on the manta rays as well as just serving all the other ocean life – having too many people in the water and then the parking situation down there. AA: OK. Thanks. Ah, Sylvia, a question for you cause, would that consist of within GMAC guidelines \[unclear\] this subject within the manta ray-tourist issue? SW: So GMAC can investigate the rules and regulations that are currently set for manta ray tours and if upon investigating the rules and regulations that are currently in place GMAC determines that there is a suggested change – then GMAC can advise County Council or the respective federal, state or county agency regarding a suggested rule change that may provide a better impact. But there’s nothing that GMAC can specifically change rules on, but you can… AA: No, and that’s not kinda like what I’m thinking. I’m just thinking that’s kinda like out of GMAC’s guidelines because that’s not considered fishing, really, unless… SW: It’s talking about conservation of aquatic life so that does fall under the “may” portion within the charter. Just a second I can pull it up for you. It says that under the Charter 6- 9.3 it said the Commission may also advise county, state and federal agencies on any matter affecting the taking and conservation of aquatic life and wildlife, including proposed rules and shall communicate its findings and recommendations to these agencies. So, if the point is going toward the conservation of aquatic life, GMAC can investigate this particular issue to otherwise inform the county, state or federal agencies that are otherwise impacting this particular issue as to any other suggested changes in rules, regulations and policies. AA: OK. I guess we’ll look into it, Abraham – District 5. I guess we’ll look into it a little bit more then. RD: Chair, a comment… AA: Yeah, go ahead Rob… RD: Yeah, in the definition of a “take” it doesn’t mean you have to harvest it. Essentially, that’s a wildlife term for influencing the behavior of an animal. So, a “take” could be like – a “taking” is called an interference – so if a boat comes across a dolphin swim path that could be considered a “take.” So, interfering with the manta rays is a “taking” which would allow us to look into this. 4 AA: OK. Perfect. Ok, I guess we’ll put it on the agenda coming up in the future then. Thanks, Natalie. SW: Deputy Corporation Counsel, Sylvia Wan. So, based on Commissioner Reynold’s suggestion – should there be a motion from the Commission to add this to next month’s agenda? AA: Well, Abraham, District – 5, I wasn’t, oh, unless she wants to make a motion, I guess. SW: Or rather… AA: I wasn’t really planning on putting it on next month’s meeting that’s why. SW: OK. I mean, you can also at least open a PIG if you want to start the investigation even if the recording of a PIG is not next month. AA: If she feels, yep, I guess, sounds good… SW: So, either way, but both of those options, have to initiated by a motion. NR: Natalie, District-7, I moved to do an investigation into the manta ray item further. BL: Brian, District – 4, I second that motion. Let’s see if you guys can hear me this time? AA: Yeah, Brian, we can hear you, you’re just coming in spotty, that’s all. BL: OK. AA: Going to be kinda hard to interpret the minutes maybe. SW: Deputy Corporation Counsel, Sylvia Wan. I’m sorry Ms. Reynolds can we have a little bit more clarification or rather maybe a little more explanation as to what is the manta ray issue. I know you provided a whole summary but, oh, if we just \[unclear\] one sentence. NR: OK. I move to investigate the disturbance in the manta ray tours or in the manta ray life due to tours and fines. AG Shut ‘em all down… AA: OK. I guess Natalie made a motion to investigate or create a PIG to investigate the manta ray interference due to tourist’s concerns. So, she made a motion – we need someone to second the motion at this time. 5 AG: Austin Griffey – District 6. I second that motion. AA: OK. Open for discussion. Any discussion from Commissioners? LT: Do you know how manta ray tours there are? AA: OK, guys, sorry, I missed a step. I guess we’re supposed to make a roll call vote so Sylvia, can you make a roll call vote please. SW: Oh, no, no, that’s right, I’m sorry. AA: Oh, not yet. SW: No, not yet – Deputy Corporation Counsel, Sylvia Wan. What I was just trying to provide some parameters as far as the discussion – at this point because the motion for creation of this PIG – the discussion should probably be geared towards the parameters of this particular group that she may want to create as well as whether or not it should or should not be created. That’s all. Just providing parameters. AA: Thank you. AG: I got a question. District 6, Austin… AA: Go ahead, Austin. AG: I kinda missed what was going on \[unclear\] stuff going on there, but Natalie, what is our plan? Are you trying to put a stop to the Manta rays or permit number list of how much people are actually doing it or what’s your game plan there? NR: So basically what – the issue that I came across is – how can GMAC help regulate and sustain the oceanic preservation due to too many people working without permits doing, I guess you could say, illegal manta ray tours. So, they want to know if GMAC can help them out by coming up with like suggestions through the county about harsher fines – like a fine if they’re doing this illegally. Because you’re only – get they – the county only gets x amount and that’s’ already full, but, yeah, down in Keauhou there’s so many people down there doing it 7 days a week – literally like 24/7 so I guess I can look into to see how many people are actually doing it and then providing that, I mean, I really don’t know its just their concerns. AG: OK. Got it. Thank you. RD: Chair? Chairman, some further advice. I have the DLNR news release of October 27, 2022, essentially, it’s additional community input ahead for proposed manta viewing 6 rules. Of what DLNR is proposing is essentially they estimate there’s between 60 and 70 boats that right now are viewing manta rays. They want to cut that – and most of that is in Makako Bay and Keauhou Bay – two sites. They want to cut that down to 24 permits and then they want the permits to carry – a vessel would carry no more than 60 passengers. And then within a single 24-hour period. So, you can’t do multiple trips of an hour. And then they have other additional proposed rules for that so, um, Natalie’s spot on with now’s a good time to start putting input here. NR: Yeah, cause, like I said, they like drop them off, come back, reload and I’ve been there and, you know, ‘cause we fish and I’ve seen the same boat load up 20 people on like a 12-person little boat and it just doesn’t make any sense. And literally all night long – four to five boats going out – same company. TN: Abraham, Teresa. May I say something? We’re open for discussion, so I just want to make a suggestion. AA: Sylvia? Can the public make a comment during this time or is it just for Commissioners? SW: This would be just for Commissioners. As far as public comments go – that’s during testimony and that’s how the public can provide input to the Commission. So technically there is no rule that specifically allows the public to ask questions, but if the Chair so wants to allow (unclear) for a particular question, you can, ah, generally at an in person meeting questions like that written down and can be at the discretion of the Chair closed to the panel or not. So… AA: OK. I going let Teresa speak just because this is part of the – there’s no option for the community to speak and since we’re not in person, ah, there’s no option for the public to write down anything, so, yeah, Teresa, you can speak. TN: May I suggest that you contact DAR and have an open communication into this rule making and then we – then the Commissioners would have an avenue and they could possibly start a committee and do a suggestion of what their input would be as part of the new rules upcoming – that’s all I wanted to suggest. AA: Thanks, Teresa. And when we make this committee – that’s what the committee would have to do anyway as part of their investigation. Any other comments from the Commissioners? OK. Abraham, District – 5, I guess we’ll just move on to a roll call vote to create this investigation committee. Sylvia, can you make a roll call vote, please? SW: Yes, and just to clarify, I’ll call the question, which is the motion on the floor right now is to investigate – based on the discussion and please correct me if this is correct or not – but to investigate the rules and penalties regarding manta ray tours and their effects on the manta ray populations. Is that correct, Ms. Reynolds? 7 NR: Yes, thank you. Action: A motion was made by N. Reynolds to investigate the rules and penalties regarding manta ray tours and their effects on the manta ray populations. Seconded by, L. Turalde. Motion carried unanimously by roll call vote. SW: Roll call votes. \[There are 7 ayes and 2 excused – the motion passes\] The investigation group is created. I think what is next that needs to be done is a selection of a chair and the committee members. AA: So is there any volunteers from the Commission and the public that wants to join Natalie in this investigation committee? RD: Chair, I can share what I have written about manta rays and what I understand of the rules and regulations. AA: OK. So Robert’s joining the committee. Anyone else? TN: Can the public be part of the committee? AA: Yes. TN: If can, I’ll be on the committee – Teresa (Nakama). AA: OK. SW: Ah, Deputy Corporation Counsel, Sylvia Wan. Chair just for the record. Is that Teresa Nakama? AA: Yes. SW: OK. So, far we have District – 1, Robert Duerr. I am unclear whether Ms. Reynolds wants to be on the committee and then have public member Teresa Nakama. NR: Yes, I can be on the committee. AA: So, we have two commissioners and… BK: Please state the name, thank you, for the record. NR: So sorry, Natalie Reynolds, District 7. 8 AA: Abraham, District 5, so we’ve got District – 1, Robert Duerr; District – 7, Natalie Reynolds; and member from the public Teresa Nakama. I think that’s enough. SW: That’s sufficient. We just need a volunteer of a chair, or you Chair Antonio can appoint somebody as the chair for this particular… AA: Yeah, great, great. So is there any volunteers to be chair between the two commissioners? OK. Natalie, your committee so I’m gonna volunteer you to be the chair. Did we lose her? NR: Yeah, I’m here, sorry. AA: OK. Abraham, District – 5, Natalie I’m going to select you to be chair of your committee. NR: Sounds good, thank you. AA: OK. Thank you. AG: Abraham, Austin here. I think if you swipe left you can see everyone on your screen. AA: Well, mines only goes direct. Have to speak. OK. Old Business. GMAC discussion on creating a draft letter to the mayor asking for support and restoration of scheduled 6-8 evening meeting times. SW: I’m sorry, Deputy Corporation Counsel, Sylvia Wan, point of order, I believe we still have District 8 \[unclear\]. AA: Oh, yeah, sorry. That was a long district report from District 7. Sorry. District 8, Cortney Okumura. CO: I can’t believe you forgot about me Abraham. AA: I didn’t, I didn’t. CO: OK. AA: \[Unclear\] CO: Um, no, I actually still haven’t heard back – I’ve inquired several times, to find out if there are any updates about the re-opening of the Kailua Pier and I’m still waiting for a response from both our local representative here as well as the Oahu press office and they won’t get back to me, but I will be reporting in a few moments about the DLNR rule change committee so you’ll hear from me then and I also just wanted to bring up to the Commission – I don’t know if everyone has heard or not but Hawaii County is going to get an additional seat in the state house of representatives, so I just wanted to bring 9 that up for political discussion later when we start talking about things we want to talk about for the legislature. So, thank you. AA: OK. Thanks, Cortney. Ah, District – 9, George Donev, excused. So that’s all we have, well, actually Brian Ley sent me an email about his District – 4. This is actually from Ian Cole so he says, Aloha Brian, not yet the lawyers got in and they’re trying to decide if the chair should sign it or let you know when it gets on the DLNR agenda. I’ve only done the one for the Puna Pig Rules. The others we’ve discussed. I’m waiting to see how the hurry up and wait goes. So that’s Brian Ley’s rule changes in the lower Puna area going. Going on to Old Business… 5. OLD BUSINESS a. GMAC discussion on creating a draft letter to the Mayor asking for support and restoration of scheduled 6:00 – 8:00 evening meeting times. AA: GMAC discussion on creating a draft letter to the Mayor asking for support and restoration of scheduled 6-8 pm meeting times. This time open up for discussion. RD: You know, Chair, Leomana drafted a letter and I have the letter on my screen – I’m sharing it through my computer, so I’ll try to share it. SW: I’m sorry – as far as the discussion goes, I believe there needs to be a motion and then the discussion. If you want to move to accept a draft of the letter and then read the letter into the record, I think you could do that. RD: OK. SW: And then it can be open to discussion as to whether the Commission wants to adopt your letter as written or make adjustments. RD: OK. So I make a motion that we read the proposed draft proposed letter to the Mayor. BL: Brian Ley, District – 4, I second the motion. SW: I think you need the - now you can read the letter. RD: OK, great, OK, so this is a draft not for release embargoed, 11/15/22. County of Hawaii 25 Aupuni Street, Suite 2603 Hilo, HI 96720 10 Dear Mayor Roth, After a motion that was passed, I am writing you in regards to the Mayor’s Office changing of the Hawaii County Game Management Advisory Commission’s meeting time and format. Beginning two months ago, the meeting was changed to 2 to 4 p.m. with no ability of the public to attend or testify in person. Testimony is now only via Zoom. Since 2014 GMAC has been meeting from 6 to 8 p.m. usually in the County Council Chambers. Evening public attendance and testimony has been a cornerstone of GMAC’s mission and meetings. Many fishers, hunters and gatherers and their ohana tell us that the daytime working hours meeting time is impossible to attend. Kupuna tell us that they are not computer savvy and in-person attendance is a must. Still not understanding why the meetings were changed can you give us specifics reasons for the new format? Also, do you have alternatives for in-person meetings and evening time slots that help us serve our mission? Mahalo, Abraham Antonio GMAC Chairperson AA: Abraham, District – 5 – I think you should add on top of that letter the recent events that the Office of Management has gave powers or have given more powers to have control over these Zoom meetings when I’ve asked in previous meetings, after previous meetings, for us to have, for the Chair and the Vice-Chair to have training on these and one have been and now, magically, the last two meetings that they have taken control to the daytime, um, now they have, all of sudden they have powers to mute people and, yeah, basically to mute people and they have more control now, versus how prior we never had that control. SW: Deputy Corporation Counsel – Sylvia Wan. I think Chair is confused about the powers… AA: No, I’m not, Abraham, District – 5. I am not confused about the powers. SW: The application has always been able to do that. It was a matter of staff. AA: It’s still I’m not confused about it. They always had staff even our night times meeting. The staff were always there. SW: Yeah, but the person who is doing it right now… 11 AA: The staff were always there… SW: \[Unclear\] it’s either Barbara or myself. Like right now, I’m the one that’s controlling the host privileges and the reason why that is is because you asked me to ask the Office of Management to do that. AA: Right, and I asked it from before and only now since we moved it to days – I asked it before you were even our Corp Counsel I asked about this and only since we’ve moved to this daytimes meetings then they accommodated. And, at the nighttime meetings there was Barbara, there’s Barett Otani and there’s also Pomai Bartolome that was sitting in the office. So, it’s not just you. SW: Those \[unclear\] are not connected. AA: So, they got magically connected? SW: No, you’re magically connecting them. AA: Oh, I’m magically connecting them. RD: Chair, I’d like to make a comment. I mean, that’s a substantial edit. I think what we should do is table this and then you and I can work together on a letter that you think’s appropriate and then perhaps next month what we can do is submit that to the agenda so people have that as an attachment. AA: Well, I’d still like to hear from the other Commissioners if anybody else has discussion about your letter so we can, ah, get that on. RD: Yeah, right on. OK. CO: This is Cortney – District 8. I just want to add my support for the letter. I support adding whatever Abraham feels is, needs to be added and I would be happy to review that addition at the next meeting, but I think what you have written so far is great start. Thank you so much. AA: Thanks, Cortney. NR: This is Natalie – District 7. I support Abraham’s letter as it is challenging during the 2:00- 4:00p time slot ‘cause that is when I pick up kids and drop them off at practices and it would be nice to have them go back to the 6:00-8:00p time slot. AA: Thank you, Natalie. 12 BL: Brian – District 4. OK. I do support opening up – regardless day or night – if we can open back up the Hilo thing – without going through this nightmare where nobody can hear me for whatever reasons that we can open this up for more public get togethers since the public \[unclear\]. AA: Go ahead Leomana… LT: Leomana – District 3. I support the letter. I think our mana – our power – comes from the community, you know, this is a community-based Commission and Board and the way we get stuff done is as a community because the gatherers, the hunters, the fishermen – that’s how we operate and so I think if we’re not able to get the community involvement in this then the Commission and Board has little to no power in my opinion because a lot of the things we deal with is community-driven, so I think it’s important for us to establish a time and space where the community can engage the most because that’s where we get our strengths from. I support the letter in whatever you got to do. AA: Thank you, Leomana. OK. Can we have a motion to table this item to next meeting after we make some improvements or to re-finalize the draft letter. RD: I make a motion to…sorry.. CO: This is Cortney – District 8. I’ll make a motion to table this till the next time for additional edits and inputs. RD: Second. AA: Thank you Cortney, thank you Rob. Sylvia? Can you make a roll call vote? Action: A motion was made by C. Okumura to table the draft letter to Mayor Roth for additional edits. Seconded by R. Duerr. Motion carried unanimously by roll voice vote. SW: Yes. Call the question is to lay on the table agenda item 5a – the draft letter – for further edits to the next meeting which will be in December. \[7 ayes, two absent – the motion passes\] b. GMAC development and finalization of Draft Rules. AA: Thank you. Moving on to OLD BUSINESS – Section b. GMAC development and finalization of draft rules. Sylvia we are supposed to make some improvement to our rules and make some changes to the draft rules – has that been done? Cause we didn’t receive anything via email. 13 SW: Yeah, I didn’t receive any communication as to what specifically should be changed. AA: Wasn’t that on the discussion last month’s meeting? SW: There was nothing approved, and nothing specifically changed/requested as far as language goes. What I got from the last month’s meeting was that nobody had it to even talk about it. You were asking about adding one item but there was no – you didn’t give me any specifics as to how to add that. AA: You said you was going to look into it, right? SW: Yeah, I expected you to talk to me about it. AA: Well, I’ve been really busy lately. SW: OK. AA: Remember this is just a voluntary commission. Can we have a motion to table this agenda item to next month’s meeting on the GMAC development and finalization of draft rules. RD: Chair, I have a question, where would we find the draft rules. AA: It was emailed to the Commissioners multiple times and I think you can find it on the County’s GMAC – one of the folders and I think Sylvia posted it last month – on last month’s – in the minutes – not the minutes but in the Chat. RD: OK. Thanks. AA: If you need it – I guess you can get ahold of Sylvia or Barbara, and they can give it to whoever needs it again. BL: Brian – District 4. AA: Go ahead, Brian. BL: Is it possible that we can email you or text you our suggestions on rule changes? I mean we could spend the next hour discussing what we want to do but if we could just email you and you could sort through it – is that a feasibility or possibility? SW: Deputy Corporation Counsel – Sylvia Wan. Are you talking to me Brian Ley because I can provide you with that? You can email me because it’s a violation of Sunshine Law to email other members about an agenda item \[unclear\]. So, but you can email me… 14 BL: All right, \[unclear\]. SW: Deputy Corporation Counsel – Sylvia Wan. And I did want to mention that it is under the exhibits in the GMAC folder on the County website from last month’s meeting and I believe Commissioner Okumura dropped a link for that in the Chat. AA: OK. So, we made a motion to move the GMAC development and finalization of draft rules item to next month’s meeting. LT: I’d like to make a motion to table it to next month’s meeting. RD: Second… Action: L. Turalde motioned to table GMAC development and finalization of Draft Rules to next month’s agenda. Seconded by R. Duerr. Motion carried unanimously by roll call voice vote. AA: OK. Thank you. Sylvia can you please make a roll call? SW: Any further discussion and then roll call vote. AA: Any further discussion to move this item to next month’s meeting from the Commissioners? Or discussion? Roll call vote please. SW: There are 7 ayes and 2 absent – the motion passes. 6. NEW BUSINESS: a. Formation of a Legislative Committee. AA: OK. Moving on to NEW BUSINESS – formation of a legislative committee. Do we have a motion to make a legislative committee – investigative committee? SW: Deputy Corporation Counsel – Sylvia Wan. Just a point of order. I believe that’s too broad for an investigative committee. There needs to be some scope and direction. Legislative committee is extremely broad because that encompasses everything. AA: Or that would have to come from the person that’s making the motion. I cannot make motions, correct? , SW: You can make motions, but it is preferred that it comes from the Commissioners. 15 AA: OK, then. I’d like to make motion – Abraham – District 5 – I’d like to make a motion to create a legislative committee to start investigating legislation to the beginning of the legislative season for 2023 in regarding to hunting, fishing and gathering rights. SW: OK. I think you need a little bit more scope in that – are you asking them to identify bills that affect hunting-gathering rights? AA: Yes. SW: OK. Just identifying bills not discussing each individual bill? AA: That’s discussing each individual bill that’s coming to – pertaining to hunting, fishing and gathering rights, yes. SW: I think that’s too broad. I think you can do an initial PIG just identifying the different bills that are out there and then you’d have to do a separate group investigating each bill the Commission wants to go after. AA: OK. Let’s do this again. I’d like to make a motion to form a legislative committee to investigate the legislative 2023 to investigate bills that pertain to hunting, fishing and gathering rights. I think I just said the same thing. SW: Yes, you did. AA: \[Laughter\] SW: Deputy Corporation Counsel – Sylvia Wan. So, it sounds like what you want this particular group to do is to identify different bills for possible investigation regarding cultural hunting, gathering and fishing. Does that sound more correct? AA: Yes. I’m gonna have to go on mute. \[Dog barking\] RD: I second the motion. AA: Open for discussion. RD: Yeah, Chair, I’ve done this for a number of years for Hawaii Fishing News and essentially what it is is identifying bills sometimes is a project and because bills are introduced on both sides of the House. But what’s more critical is, you know, in any given year I’d say roughly, I’d say roughly this fifty to – it’s going to be fifty to seventy bills that deal in some form of hunting, fishing or gathering, boating rights, gun rights – what have you. Could be a hundred but what happens is then, then tracking those bills becomes – if there’s a bill that’s critical and it’s – you really need to watch. Like you know from last year – tracking and following is a much more intense a project because you essentially 16 then have to start getting with chairs and your legislators to let them know what’s going down and how it’s going down. The other thing too is it’s hard to track – what you gotta track too is – is when a bill dies. So, a lot of times they don’t tell you, hey, this bill is dead – so it’s a constant re-looking at the legislative website to kinda get what’s going down. What’s really helpful is if you know people in the community who are already doing this you reach out to them because they’ll have their eyes on critical bills – not all of the hundred bills will be critical – but there’ll be five or six that are critical – and those are the bills that are really needing to be paid attention to. So, I also do this for the Big Island Press Club – it’s a big – this is a big job. I mean there’s no two ways about it – it becomes a job. AA: Yeah, Rob, it does become a job. Last year was very strenuous and I think like only a select few of us was actually working on it so if we create this investigative committee hopefully, we get the max use of the committee and members from the public that can help us along and join us on this journey. NP: Ah, Nani here – a comment from the public… AA: Go ahead Nani… NP: Thank you. In times past with GMAC we had a legislative committee, and I would suggest that it wouldn’t have such descriptive restraints because who knows, I mean, they need to have flexibility and I think it should just be called that legislative 2023 committee. That’s my comment. AA: Thank you, Nani. AG: Austin Griffey, here, District 6. What kind of power is this legislation gonna have if all we can do is investigate? What is our investigations gonna lead to? What can we do? AA: From my experience, Austin, and Brian and Leomana can pretty much attest to it – is we advise, and we also work with the mayor’s office as well for the bills that we helped with. We got so – we asked for support from the mayor’s office – the mayor’s office has supported the two bills that we helped along with last year, so it’s like basically going through – like Rob said – like going through the legislative website watching these bills – contacting when it’s time to write testimony and stuff like that – you can actually write testimony as an individual but I think the Commission itself cannot write any testimonies – just you as an individual but you’ll be more knowledgeable of what’s happening throughout the process, right? AG: OK. Got you. So, we’ll be pretty much publicly telling people about these things, so they don’t go under the radar pretty much – so people know about what’s going on. 17 AA: Right. Cause, like I don’t know if you support drone fishing, or you know people that do or don’t but there was this drone fishing bill that got passed last year that basically made it illegal to drone fish and there’s some people that was in support of it but there was, more people against it. Then I think we had Robert Duerr and his friend from down Kalapana that came in, but that bill just basically sailed right through because it didn’t have enough support against it, right, it only had pro support. AG: Right. Gotch ya. AA: It’s just saying if we were drone fishermen that we didn’t have enough help to move that bill along. AG: OK. Thank you. SW: Deputy Corporation Counsel – Sylvia Wan. Just to provide a little bit of perspective – so this particular legislative committee in the motion, one right now is to identify bills that are affecting hunting, fishing, and gathering – which I think is the appropriate method as Mr. Duerr had pointed out – there are hundreds of bills that could be affecting hunting, fishing, and gathering but as he has stated it is correct that maybe only a handful actually have potential legs and is deserving of the time of this particular Commission but I just wanted to – the reason why I’m piping up is because what the Commission can do regarding this particular legislation is you can investigate that particular bill, investigate the issues surrounding that particular bill and as a Commission you can decide with a united voice what is your recommendation regarding that particular piece of legislation and as the Commission as a whole – with a united voice – can provide written testimony on that bill that can be submitted when otherwise testimony would be submitted. So, you can do that. But you cannot lobby individual council members, representatives, senators or the like as \[unclear\] or nay on a particular bill. Cause that’s what crosses the line is the lobbying. BL: Brian – District 4. Eh, I had a discussion with the State Ethics Board in Honolulu about this and they said that there’s no way considered lobbying what we do and is actually encouraged cause this is what our mission is and I’ve got a – I can’t find the email right now – but I had a discussion and he sent an email – I think I forwarded it to a couple of people but we are not lobbying we are doing what we’re – in the scope of what we’re doing – we can talk to individuals – we can do whatever we want to according to the Hawaii Ethics Board. SW: OK, so… BL: So, if Sylvia wants to talk to the Ethics Board that is up to her but I’m telling you what I had a long conversation with them and they told me that it’s not lobbying what we do. 18 SW: Well, you can, as your Deputy Corporation Counsel – Sylvia Wan – if you can provide me with that contact and that information that you received, I would greatly appreciate that because as the GMAC attorney it is directly in my role that I can advise you correctly. BL: As she told me we’d be in front of the Ethics Board, so I called the Ethics Board and they said that was not true and you do not understand it… SW: I was… BL: You need to call the Ethics Board and talk to them because I’m not an attorney – I’m just telling you what the Ethics Board of Hawaii told me that we are not lobbying and we can do what we have been doing and he was shocked to find out that that was your recommendation. SW: I don’t know who you… BL: So that is between you and them. This is - I’m just telling you what I got… SW: It’s not… AA: OK. Thanks, Brian. Thanks, Sylvia. OK – Abraham – District 5. If you can send that email to Sylvia – if you don’t have Sylvia’s email, just send it over to Barbara and then Barbara can send it over to Sylvia. BL: All right, I’ll find it. AA: Thanks, Brian. Thank you, Sylvia. LT: Leomana – District 3. I agree with Nani. I think we’d be finding the duties of this committee too much. I think we need freedom in the things we do politically. I’m, if, you know, like the mission of this committee cannot only be to research things and that’s \[unclear\] I would like a broader word so that way I can research things, talk about things – I can call people about things. I can advise people on things that I read, ah, yeah, I just wanted to change the verbiage of what the purpose of this committee. AA: So, Abraham – District 5. So, I withdraw my motion and maybe Leomana you can re- motion it. OK. So, at this time I would like to withdraw my motion. So, I’ll make the call again, moving on to NEW BUSINESS number 6, section A – formation of a legislative committee. LT: This is Leomana – District 3, I would like to make a motion to create a legislative committee that will act as a political action committee representing GMAC. 19 AG: Austin Griffey – District 6. Second that motion. AA: OK. Any discussion? SW: Ah, Deputy Corporation Counsel – Sylvia Wan. I’m sorry but that is far too broad. It goes… AA: I’m sorry, Sylvia, but Leomana made a motion and Austin had seconded it… SW: I understand but what I’m telling you is that it goes against the law because it doesn’t provide enough notice for the public as to what you’re doing. It’s not… LT: OK, so… SW: It needs to be defined in scope for it to be a permitted inter-action group. LT: Leomana – District 3. What is the words that I need to use that I can have a broad range of action \[unclear\]? SW: So that’s… LT: \[Unclear\] doesn’t matter to me – I want more actions than what is defined as research. SW: So… LT: You know, cause doing research is one action – that’s it. SW: Yes, it’s one action… LT: Yes… SW: ….and as soon as it’s completed then you can take further action. AA: Yeah, but, Abraham – District 5. LT: Yes, I would like to condense that into one thing. That’s too much work… AA: Abraham – District 5. Leomana. So, we already, so what we’re basically doing, and I know where you’re going Leomana – we’re going to make this committee – the legislative season is already going to be started in February? When does it start. LT: And that’s gonna give us two meetings. AA: And it’s gonna give us two meetings and the legislators… 20 LT: Yeah… AA: ….is not even gonna have their bills in and by the time we do it throughout the season we not gonna get nothing done. LT: That’s why it’s too… AA: Yeah, it should be a broader and we can update the public as we go along to these meetings – month-by-month meetings – we can update the public. LT: And because we tabled the rule changes to next month and the time to next month so by the time legislation comes up, we ain’t gonna be doing anything. AA: Yup. LT: So, whatever the word and verbiage is that I need to place on this legislative committee that we can have the legal rights to perform whatever actions we would like to politically at the max level – whatever words we gotta use – I would like to use those words. I don’t know what it is but I’m not the lawyer – find the laws and find the words that would give us the legal access. SW: So, this is me, reading directly from the law, which is 92-2.5 – permitted inter-actions of members – subsection B. Two or more members of a board but less than the number of members with the \[unclear\] quorum for the board may be assigned to 1) investigate a matter relating to the official business of their board provided that a) the scope of the investigation and the scope of each member’s authority are defined at a meeting of the board, b) resulting findings and recommendations (someone is moving their mouse or papers around which causing disturbance\] at a meeting of the board and c) deliberation and decision making on the matter investigated if any occurs only at a duly noticed meeting of the board held subsequent to the meeting in which the findings and recommendations of the investigation were presented to the board or 2) you guys can present – well, actually what you’re doing is 1. Those are your requirements. LT: OK. \[Noise interrupting\] Are you only here to tell us what we cannot do? Can you find out how to get us what we want. SW: So, what I was suggesting is is you identify the number of bills that you want to do, which is your first group. Your first group is to identify the number of bills… LT: OK. That’s next, that’s by next month. SW: Yeah. And then so once you have the number of bills identified which will be reported at next month, right? 21 LT: Yeah. SW: Then you guys can decide – break off into more groups – you can have five – I don’t know – let’s say there’s five bills – you can have five groups, or you can have one group to attack all five. Then you need to do investigating so that you can bring your recommendations back to the board and then the board has to decide \[noise interrupting\]. LT: OK. That’s all right… SW: One person \[unclear as noise\] for the whole board what GMAC’s \[unclear\]. NP: Ah, Nani, a comment from the public. Why does all this detail have to be included in the bill. GMAC already knows these things. Why does it have to be written – I’m sorry – in the committee. Why can’t the committee just be legislature committee. GMAC made all these rules already, they shouldn’t \[unclear noise\] they shouldn’t have to be written in the title. SW: These are not written. These are the things that need to be included… NP: Yeah. SW: …. you need to make sure that the scope of the investigation the scope of the members’ authority is defined \[unclear\]. NP: Well, the problem is \[unclear\] GMAC doesn’t know right now to make these \[unclear\]. SW: Exactly, so basically \[unclear\]… AA: Hold on Nani. Nani, hold on Nani. What was that, again, Sylvia? SW: Because you don’t know, you need to take the first step before you can take the larger step. So, this particular committee formulation is for the first step so that once you know you can take the larger step and the reason why I’m saying all these things is because it’s literally in the statute. I’m not trying to give you obstacles that are unnecessary, I’m just trying to make sure that you comply with Sunshine so that all of the good work that you’re doing doesn’t get rolled back. LT: OK. So, here’s my recommendation. Leomana – District 3. We would like you to say whatever it is we need to put down. Cause we’re not good with laws and language. I’m a scientist, I’m not an author so can you please come up with the words for us to use. NP: Um, ah, one second – just a comment from the public, Nani, here. I trust GMAC Commissioners, I don’t necessarily trust Sylvia and what her interests are. I think the 22 wording has to come from the Commissioners because I support GMAC and its Commissioners. AA: Real sorry, I had to walk away. Um, I had to get my dog, it was up the road barking at somebody. So… LT: Leomana – District 3. You know, I’m making a big deal out of this cause there’s two months, two months and that’s it and we cannot be coming back every month making OK, next step, let’s vote on the next step, you know, what’s the next step? By then it’s gonna be too late for us and that’s just what it is so I would, you know, I’m trying to make a difference in this next year because it’s huge especially dealing with natural resources and dealing with the land and it’s just hard for us to just get these things done then I don’t understand your position in trying to help like we’re here trying to make a difference like help – I’m not trying to go up against any rules I’m just trying to be able to take as much action as I can from now until the end of this year cause after that it’s just \[noise\]. AA: Abraham – District 5. I totally agree with what Leomana is saying so Sylvia if you could find a way that we can do this – like how we have been doing it – I know you’re doing your part but with this whole time we have such a broader – we’ve been doing it with such a broader width doing it the legal way, right, we’ve – we didn’t jump any, we didn’t break any rules or any laws – if we did then we would have got reprimanded or something and there’s nothing that we did wrong. SW: Deputy Corporation Counsel – Sylvia Wan. AA: Besides maybe verbiage. SW: I am sorry here… AA: Besides maybe verbiage that I used in the past. SW: …. I don’t know how it has been done previously was not correct. When you look at the statute it was not correct. All I am trying to tell you is that the scope needs to be defined and the only way you can get to where you want to go is you have to have an initial committee to identify what you’re investigating and then you can go from there. AA: Do you, do you understand… SW: \[Unclear\] AA: I know you pretty much do but do you understand like we have – like Leomana said – we have such a short window… SW: Yes… 23 AA: ….and by the time we gonna have next month’s meeting which is December… SW: Yes. AA: …. can you find out or Barbara when does the legislative season actually open. I’m on my phone, if not, I would punch ‘em up. If we had and in person site, I would have just punched it up and I would have it in front of me but via Zoom I cannot… RD: Chair, chair, it opens the first, right after New Year’s – the first week of January. It’s called January 7. AA: OK. RD: It goes for four months and then, and then the legislative season’s over but then you have the opportunity till May – I think it’s 17 when the Governor will have bills and you have the opportunity to petition him to - so that he will veto the bill. So, it crosses over so you’ve got – and half of that – so what’s called the first two months – the legislator and the senate will be working bills in their own house. Then there’s the cross over. When they cross over the senate gets legislative bills and legislative gets senate bills. And then with the cross over then you start weaning the bills that are actually gonna make it and then they need to go to Finance and Judiciary. They need to see 1) do they have the money and 2) does the AG office say that in fact it’s legal. So, in the meantime, you have a lot of room for professional lobbyists to do what they do up for a work week, you know, I got to ask you something – the Commissioners – how many of you guys hunt by committee? How many of you fish by committee? Could you raise your hand? AA: By committee? RD: Yeah, by committee. Abraham – what you’re doing is you’re tying yourselves down here. I’ve done it. It takes me at least 40 hours – does anybody have 40 hours to track the legislature? If you don’t why are you forming a commission that you’re never gonna be able to fulfill? That’s my question. AG: Austin Griffey – District 6. Can we form a paying legislator so we can get paid to do the 40 hours of work? I’ll be there. NR: Natalie Reynolds – this is District 7 and I’m in. AA: Abraham – District 5. I didn’t give a whole 40 hours a week on it, but I gave a very substantial amount of time last season and so has some of the members from the public that’s actually in our audience and I know Brian has and Leomana, you know, so we understand the process, right? So, and that was not even having a full committee last year. So anymore discussion on this motion? 24 CO: Chair, this Cortney – District 8. I am just wondering if we can concisely – if it’s a word we’re looking for that would – that maybe Sylvia can advise on the specific word we need to use in order to get this motion passed in order to move us along – that would be helpful – is that what we’re waiting on? I’ve lost the thread of why we cannot just establish the initial PIG to then proceed – can we do that. AA: Um, I guess, yeah, go ahead Sylvia. SW: Deputy Corporation Counsel Sylvia Wan. So the original motion if my understanding was correct – was that it was a motion for an investigative committee for the legislative session to identify bills that affect hunting, fishing and gathering rights and then once those were identified, Commissioner Duerr has suggested identifying the ones that would have the most interest, so rather than just identifying 100 bills – prioritizing the ones of most interest and providing that to the Commission for further investigation. CO: And just to clarify, we’re still in discussion for establishing that. Is that correct? That’s what this is about? SW: That is correct because… CO: Are we lacking anything in order to proceed with this initial PIG? SW: With the initial PIG and the initial motion on the floor – no – however there was another amendment that was proffered by Commissioner Leomana Turalde about broadening the PIG to beyond identifying the bills to include just – to reduce the scope or rather expand the scope to just legislature committee to not only identify the bills but to investigate the bills and that’s when I had stated that that was too broad and did not provide enough detail as far as scope as is required by the statute. So, from my particular perspective as an attorney looking at the Sunshine Law 92-2.5, I think Chairperson’s original motion is correct. AG: Austin Griffey – District 6. So, in Leomana’s case can we do two legislative – one for investigation and one for action? SW: Yes, but necessarily you would need to have one to follow the other because how can you do actions if you haven’t identified the bills yet. So, what I was suggesting is that you have the first initial PIG to identify the bills that the Commission wants to spend time on and then you can set up your second round of PIGGS – PIG or PIGS – one or more groups to look into those specifics and define your scope at that time. If you wanted to make recommendations and draft testimony to be considered by the Commission you can do that too, but you have to identify the bills first. 25 AA: Abraham – District 5. Let’s stay on the original motion and then since according to Sylvia that’s the right way to do it with the right wording, ah, we come back again, we put this on the agenda again to see what we investigated and then we’ll make another PIG to move this thing forward. I honestly don’t feel it will do that much, we’ve done it in the past or GMAC has done it in the past apparently per our Corp Counsel – that was illegal or that was the wrong way so now we’re doing it the right way and we are moving forward like everything else we’re doing now. So, can we, is there any more discussion on this item? No other discussion on the item? Sylvia can you please make a roll call vote? SW: Yes. Robert Duerr – District 1? RD: Can I hear the motion again, please? SW: Ah, yes, \[unclear\] motion is to form a permitted inter-action group entitled legislative committee to identify bills that affect hunting, fishing and gathering rights… Action: A motion was made by A. Antonio to form a permitted inter-action group entitled legislative committee to identify bills that affect hunting, fishing, and gathering rights for the 2023 legislative session. Seconded by L. Turalde. Motion carried unanimously by roll call vote. SW: District – 9, excused. We have 7 ayes, 2 excused – the motion passes. Three Commissioners will serve on the legislative committee, Brian Ley and Leomana Turalde. Abraham Antonio will serve as the chair. b. GMAC Commissioner vote of approval for the GMAC 2021 – 2022 Fiscal report. AA: Moving on to NEW BUSINESS, section b. GMAC Commissioner vote of approval for the GMAC 2021-2022 fiscal report. Everybody got a chance to look at the fiscal report? RD: One question is – is there anybody on that committee? I mean who composes the legislative committee? AA: Oh, shoot. Sorry, skipped that part again. Um, any volunteers for to join that committee? I’ll join the committee, I’ll volunteer. LT: Leomana – District 3. I volunteer. BL: Brian Ley – District 4. I volunteer. 26 AA: Any members from the public? No members from the public so three Commissioners. Me, Brian Ley – District 4, and Leomana – District 3. Um, I’ll chair that committee as well. CO: Chair this is Cortney – District 8. I did not receive what is being discussed…sorry, when was sent out? AA: So, Cortney we just made volunteers for the legislative committee. CO: So, sorry, nothing’s been established or voted on – you guys are just establishing the committee to discuss the budget? AA: No, it’s not for the budget. This is the formation – we just formalized the legislative committee – that motion that Leomana made. So now we going move on to section b – GMAC Commissioner vote for approval for the GMAC 2021-2022 fiscal report. So it opened up for, well, actually, I asked if everyone’s seen that fiscal report? SW: Deputy Corporation Counsel – Sylvia Wan. I think a point of clarification it’s not a fiscal report it’s the fiscal year report so it’s the report for the year that started in June 2021 and ended in June 2022 for the activities of GMAC. It doesn’t have to do with the budget. AA: It doesn’t have anything – I didn’t say budget. I said fiscal report. SW: Yes, it just says fiscal report so usually that denotes financials but fiscal year report... AA: Yeah, fiscal year report. So, again, did everybody take a look at the fiscal year report? LT: Leomana – District 3. No. CO: Cortney – District 8. This is what I was talking about, sorry, I don’t have that. AG: Same here – District 6. NR: Natalie – District 7. \[Unclear\] AA: Ah, Barbara did you put it up on the County website and Sylvia did you take a look at that fiscal report? BK: Chair, I don’t… SW: I did take a look at it – I provided some comments and some grammatical corrections that I did not receive a response as to whether they were approved or not. 27 AA: I think that was the one that was supposed to go towards the report to the Commission. SW: Yes, but you did not approve the changes. AA: Well, we could have just pushed it forward to the Commission and have the Commission and then we can have a discussion, right? SW: I don’t know if you recall but I had some discussions with them – they were about verbiage – that denotes attorney-client privilege. AA: OK, well, ah, make a motion to table GMAC Commissioner vote for approval of the GMAC 2021-2022 fiscal year report until we figure this out. LT: Leomana – District 3, I second that motion. AA: Sylvia can you make a roll call vote please? RD: The discussion, you know… AA: Oh, discussion? RD: Yeah, is there any way that we can have these financial – what are they – fiscal report that we can have that submitted when we get agendas and minutes and maybe at the same time we can get the draft rules? I mean, I just… AA: Abraham – District 5. Well, the draft rules are tied up or she thinks she’s waiting for my response, but, and then same thing with the fiscal year report – as far as the financial report we used to have it in our minutes but, ah, we voted on taking it out as far as the financial report so we don’t have a financial report anymore unless you’d like to make a motion to put it back in. RD: Frankly, I have no idea what a financial report is or what the finances are or where they are or what it looks like for a year end or for next year. I have no idea, I’m totally clueless on any of it. AA: OK. Well, you can make a motion and then we can put it back on the agenda. NP: Can I make a comment from the public? AA: Not at this time, Nani. RD: Um, you already have a motion now, correct on the table? AA: Well, I had the motion to table this issue. That’s the motion that I have. 28 RD: I make a motion that we have the current fiscal report included in the next meeting’s agenda items. AA: Is that fiscal or financials? RD: Financials… Yeah, whatever - if we have a financial account I’d love to see a report of that which is enclosed with the next month’s agenda. SW: I’m sorry. I believe that particular motion is out of order because this is what I was trying to clarify for the Commission. The 2021-2022 fiscal year report is not dealing with finances and what the Chair was stating is that there used to be a fiscal report \[noise\] provided during the meeting. So those are two separate things and right now the only – the motion that’s on the table is about laying on the table agenda item 6b – so the discussion has to be towards that and so Commissioner Duerr, I’m sorry, but I believe that your motion \[child talking\] a fiscal report \[dog and child noise\] to the agenda has to happen at a different time. \[Child and dog noise\] Action: A motion was made by A. Antonio to table the 2021-2022 Fiscal Year Report to the next meeting. Seconded by L. Turalde. Motion carried by roll call vote. (5 ayes, 2 Abstained, 2 excused). ?: OK. No more to discuss. AA: OK. No more to discuss then moving on to roll call vote please Sylvia. SW: District 1 – Robert Duerr? RD: Abstain. SW: District – 2, excused. District – 3, Leomana Turalde? LT: Aye. SW: District – 4, Brian Ley? BL: Abstain. SW: District – 5, Abraham Antonio? AA: Aye. SW: District – 6, Austin Griffey? AG: Aye. 29 SW: District – 7, Natalie Reynolds? NR: Aye. SW: District – 8, Cortney Okumura? CO: Aye. SW: You have 5 ayes, 2 abstentions, 2 excused. The motion passes. 7. ANNOUNCEMENTS: a. Communication: Troy S. Sakihara, Division of Aquatic Resources, DLNR, State of Hawai’i Regarding Proposed Amendments to HAR 13-75. AA: OK. Thank you. Announcements: communication from Troy Sakihara, Division of Aquatics Resources, DLNR State of Hawaii regarding proposed amendments to the HR 13-75. OK, so what happened was we got an email from Troy Sakahara regarding the laynet rule changes, um, laynet rules they took away the annual fee so they’re not charging anymore. I think on top of that we still have questions and I think it’s gonna come up in the committee report so that’s all the announcements that I got. The only other one, like I said at the beginning of our meeting – I’d like to just thank Natalie Reynolds for coming up and being the District – 7 Commissioner so thanks again, Natalie. Um, next month we have Kean Umeda – his term is expiring and also Austin Griffey’s term is actually also expiring so my question with that is – does Austin need to reapply for his position and does he need to go through the whole process again or is there a shortcut or anything that he needs to know or do? SW: They both need to reapply. So, they should probably start that now. AA: Yeah, it’s not just reapply, but do they still need to go in front of the County Council and all that? SW: Yes. AA: OK. Kean’s not gonna be reapplying because he actually terms out. SW: OK. AA: So, ah, got that Austin? We good? AG: Yup, all good, I’ll apply tonight. 8. COMMITTEE REPORT: 30 a. Laupāhoehoe Boat Ramp and Seawall Investigation Committee Report. RD: OK, Chair, myself, Teresa Nakama and Brian Ley are the committee. Essentially, where we are with that is we pulled together some preliminary information, I reached out to Maurice Messina with a couple of questions of 1) were there more specific schematics on the ramp issue and 2) the US Army Corps of Army Engineers was to have their report done end of September – was that report available and could he send it along and who to contact for the Army Corps. Have not heard back from Maurice. I did, we also contacted one of the kupuna in Laupahoehoe – Bobby Gonzalez – and Bobby Gonzalez – I’m trying to find – one second he’s in my email – the bottom line is he came back with a few problems. One of his problems was, you know, I told him that it was a Zoom meeting. He says he’s never done Zoom and doesn’t know how to do it so that became a problem for him to give his input. His major issue was that essentially to his recollection that the ramp has been re-worked three times and essentially it’s been closed since 2009. The other problem is – there’s two – the ramp is one issue and, as you know, Abraham, having gone to a community meeting – the break wall is another issue. Ramp is county’s kuleana – break wall is Army Corps. Essentially, Maurice is looking to do a – right now the concrete has disintegrated and rebar – according to Bobby Gonzalez – is exposed – so it’s dangerous. So there seems to be no community issues with ramp – the only issue is – will they be able to design a ramp that’s gonna hold up – that will last more than the last ramps. And then the other issue with the break wall is, Bobby Gonzalez’s opinion is, hey, listen, if we’re gonna do it – why wouldn’t we do it right and do like a mini-Honokohau so you’d pull into a basin and then you have a ramp out of a basin. And, so, the problem according to Maurice Messina is then that’s – Army Corps has about 8.5 million dollars for repairs and anything that’s beyond repairs – building new – becomes a whole ‘nother project with EISs and problems. That being said, Abraham I think what we’d like to do is just table this till next month till we get more – till we can try to get the Army Corps to either get their report or preferably get someone from the Army Corps to give us an overview of how they see the break wall go. SW: I’m sorry, Chair, you’re muted. AA: Dogs. I not sure I don’t think we need to table it because it’s going to be an ongoing committee until we dispend it. RD: OK, right on. AA: OK. Thank you. Committee Reports? Laupahoehoe Boat Ramp and Seawall investigation committee. 31 b. Pu’uanahulu/Puʻu Waʻawaʻa Administrative Rules Changes Committee Report: AA: Um, yeah, OK. Moving on to next committee which is the Puuanahulu/Puuwaawaa administrative rules change committee report. CO: Everyone, Cortney – District 8, so apologies I didn’t get the recommendations over to Barbara in time due to Sunshine Law, but I am permitted to read the recommendations that the committee would like to purpose and then I had a last minute, addition from Stanley – he just emailed before the meeting – so I can read that to you that came in from email. So the recommendations we want to propose to the Commissioners today are 1) special hunting areas should be re-evaluated every 3-6 months until animals have been reduced to target size, and 2) the season should run from the end of bird season to July and only be Saturday, Sunday, Wednesday, Thursday and state holidays and 3) our concern is that too much hunting pressure will push the animals into safety zones next to the road and on to private property and 4) allow a rifle for Billy’s only season. And then, from Stanley, he had a suggestion that we consider recommending that they determine what the breeding cycles of the goats are and open according to the breeding cycles and then his other input was, OK, for dates – his suggestion was opening from March thru July – weekends, holidays and also Wednesday, Thursday, which was in line with the committee’s recommendation, so, I think the next step is, I believe this document can be shared with the group after this meeting – Sylvia, Is that correct? So, for Commissioners to read through it… SW: Deputy Corporation Counsel – Sylvia Wan. That is correct. CO: OK, so, if at that point Commissioners want to add, edit, or provide input, I guess it would have to move to the next meeting. We can then – or do I have to make a motion for this to be added to the agenda for the next meeting or what would the next step be? SW: Deputy Corporation Counsel – Sylvia Wan – so reading \[unclear\] 92-2.5 so this is the correct procedure in that you have reported to the Commission your findings and recommendations as far as discussion and action by Commission that would happen at a subsequent meeting – so this item should be put on the agenda for next meeting so that the Commission can discuss the recommendations and decide whether or not to take actions. CO: OK. So, yes, I think once we had gotten all the Commissioners’ input and edits then our intent was hopefully to prepare a letter that would then be sent so for now, ah, if you guys can take the time to read after these are posted after the meeting and then if you have additional input then Chair I’d like to request we add this to the meeting for next time and hopefully will resolve it after that. 32 AA: OK. Thanks, Cortney. Just get with Barbara of how you want to word it for next month’s meeting. CO: Will do. AA: Thank you. Do we still have the Laynet Committee still active? RD: No, you know, Abraham we had the letter that you were going to finalize to send to DAR. SW: Deputy Corporation Counsel – Sylvia Wan. My understanding was/is that the letter was drafted and sent which was the finishing of that particular committee. So you would have to re-open that committee. RD: Has the letter been sent? Sylvia can the Chair send the letter. SW: So, the letter would have to go to the mayor’s office for final review and then it could get passed on to who it’s addressed to. RD: So, we have to send it over to Barbara first? SW: Yes, so if you could send that letter over to Barbara. RD: OK. I’ll send it to you Abraham one more time for any final corrections or you know anything you want to add. 9. Adjournment: (3:47 p.m.) Action: Leomana Turalde moved to adjourn. Seconded by Cortney Okumura. Motion passed unanimously. Next Meeting: December 13, 2022. Respectfully submitted by, Barbara Kossow Secretary 33