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HomeMy WebLinkAboutGMAC_GP2045_Recommendations_special meeting_DRAFT .July 1, 2025 To: Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawai’i 25 Aupuni Street Hilo HI 96720 From: Mr. Leomana Turalde, Chair Hawai’i County Game Management Advisory Commission 74-5044 Ane Keohokalole Hwy., Bldg C, 2nd FL Kailua-Kona, HI 96740 SUBJECT: Recommendations for Final Draft General Plan 2045, July 2024 Aloha Chair Inaba and Council Members, Mahalo for this opportunity to participate in the county General Plan Comprehensive Review process. In order to fulfilled its advisory function, the county Game Management Advisory Commission (GMAC) held a special meeting on July 1, 2025 to draft and approve recommendations to the Council for the draft GP2045. Basis for GMAC advising the Council Hawai’i County Charter Section 6-9.3. “Game Management Advisory Commission” states, in part: “For the benefit of present and future generations, the game management advisory commission shall advise County, State and Federal agencies on matters related to the preservation of subsistence hunting and fishing, as well as protecting traditional and cultural gathering rights. 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. The commission shall promulgate recommendations that conserve and protect the natural and cultural resources of Hawai'i in furtherance of the self-sufficiency and long-term subsistence sustainability of aquatic life and wildlife in the County.” The GMAC’s Rules of Practice and Procedure state, in part: “Rule 1. Powers and Duties a. For the Benefit of present and future generations, the Game Management Advisory Commission shall advise County, State, and Federal agencies on matter related to the preservation of subsistence hunting and fishing as well as protecting traditional and cultural gathering rights. b. The Commission may also advise County, State, and Federal agencies on any rules, and shall communicate its findings and recommendations to these agencies. 1 c. The Commission shall promulgate recommendations that conserve and protect the natural and cultural resources in furtherance of the self-sufficiency and long term subsistence sustainability of aquatic life and wildlife in the County.” Issues with the GP2045 as related to game management: A word search within the draft GP2045 revealed the following issues related to game management:  The terms “Game Management” and GMAC are not mentioned in the draft GP2045.  The word “hunting” is only mentioned on pages 110 and 174 with only one related Action (35.p).  The word “fishing” is only mentioned on pages 123, 153, 206, and 247 with only one related Policy (24.9) and two related Actions (35.p and 46.i).  The word “gathering” as it relates to traditional and customary practices is only mentioned on page 110 with no associated Policy or Action.  The word “practices” as it relates to game management and traditional and customary practices is mentioned on pages 15, 20, 35, 38, 39 , 45, 47, 62, 68, 78, 79, 80, 81, 89, 97, 110, 164, 175, 201, and 205. There are fourteen related Policies (3.1-3.11, 6.9, 13.44, and 46.9), but only three related Actions (4.g, 10.c, and 11.a).  The word “invasive” is contained on pages 41, 42. And 43 in one related Policy (1.9) and two related Actions (1.g, 1.x).  The Glossary does not include important terms, such as “Traditional and Customary Rights”, “Subsistence”, and “Public Trust Doctrine”.  Protection of public access, preservation of subsistence hunting and fishing, and protection of traditional and customary gathering rights are not presented in an organized and clearly implementable manner.  There are no specific Policies or Actions to create and implement game management plans and/or ensure collaboration between the GMAC and county agencies. Because the GMAC and Hawai’i island individuals and organizations involved in hunting, fishing, and other game management activities have faced long-standing problems, it is important that the draft GP2045 be amended to provide solutions. GMAC Recommendations: Proposed change to page 40, Table 2: Biocultural Stewardship Opportunities, add: Game Management  Collaborate with the county Game Management Commission on matters related to preservation of subsistence hunting and fishing, as well as protecting traditional and cultural 2 gathering rights resources in furtherance of the self-sufficiency and long term subsistence sustainability of aquatic life and wildlife in the County. \[county Charter, GMAC Rules of Practice and Procedure\] Proposed Additions to the Glossary: Game Management is to manage, sustain, and enhance habitat and populations of game mammals, birds, and/or fish as related to the preservation of subsistence hunting and fishing as well as protecting traditional and cultural gathering rights. Gathering Rights are those rights possessed by Native Hawaiians to access and gather from lands as allowed by the Hawai’i Constitution, Hawai’i Revised Statutes, and state Supreme Court legal precedent. Loko’ia is a traditional Hawaiian fishpond that was used for the cultivation and management of fish. These fishponds were constructed by ancient Hawaiians as a means of sustaining a reliable source of food. Today, many Loko i’a are being restored and are used for cultural and educational purposes, as well as for the cultivation and management of fish for commercial and personal use. They are an important part of Hawaii’s cultural heritage and are valued for their contributions to the sustainable use of natural resources. Public Trust Doctrine is the legal doctrine that, for the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii’s natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of self-sufficiency. \[Hawai’i Supreme Court\] Subsistence Practices is the customary and traditional uses of wild and cultivated renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, transportation, culture, religion, and medicine; for barter, or sharing, for personal or family consumption; and for customary trade. Traditional and Customary Rights Those rights protected under the Hawai’i Constitution for subsistence, cultural, and religious purposes. Gathering and access rights are the two most basic examples of traditional and customary practices protected under State law. These practices include walking along ancestral trails, song, dance, and chant about an the area, celebrating the land and the flora and fauna that grow upon it, and honoring the current and historical significance of the area, cultural ceremonies comparable to religious ones, Hunting and gathering activities conducted in accordance with Hawaiian norms and values extant from 300-1400 A.D. were customary and traditional notwithstanding changes in the items that they gather 3 Proposed Changes to the Glossary: Ahupua’a is a Hawaiian word that means a land division usually extending from the uplands to the sea, so called because the boundary was marked by a heap (ahu) of stones surmounted by an image of a pig (puaʻa), or because a pig or other tribute was laid on the altar as tax to the chief. The landlord or owner of an ahupuaʻa might be a konohiki. An Ahupua’a is a Native Hawaiian socio-economic system that functioned to maintain and perpetuate the health and well-being of the ecology within strips of land running from the sea to the mountains and containing a sea fishery and sea beach, a stretch of kula or open cultivatable land and higher up its forest. All ahupua’a have specific names and definite boundaries delineated by drystack stone walls or by natural features, such as gulches, ridges and streams. Hoaʻāina or native tenants live within ahupua’a with rights to access both government and privately owned land for traditional and customary Native Hawaiian subsistence, cultural, and religious purposes. Collaborative Biocultural Stewardship represents an approach to sustainable development that emphasizes collaboration and partnership building among stakeholders and refers to the integration of cultural and natural resource management strategies to promote conservation, sustainability, and resilience. represents an approach to sustainable development that highlights integration of cultural and natural resource management strategies to promote conservation, sustainability, and resilience. It is part of the larger effort to restore ʻāina momona (fertile life of the land), with some focus on the management of forest, streams, wildlife, nearshore fisheries, traditional crop diversity, traditional food systems, and health and wellness; as well as the legal and policy steps needed to build a foundation that can facilitate this change. \[Journal of Sustainability, “Biocultural Restoration in Hawai’i”\] Proposed Policy and Action Additions: Under Collaborative Biocultural Stewardship Objective 1, “Increase the biodiversity and resilience of native habitats,” add the following POLICIES:  Support and collaborate with the county Game Management Advisory Commission to conserve and protect the natural and cultural resources in furtherance of the self-sufficiency and long-term subsistence sustainability of aquatic life and wildlife in the County. \[county Charter\]  Encourage the sustainable development of the fishing industry, various forms of aquaculture and other fresh and sea water-based activities.\[current General Plan\]  Coordinate programs to protect natural resources with other government agencies. \[current General Plan\]  Develop policies by which Native Hawaiian gathering rights will be protected as identified under judicial decisions. \[current General Plan\]  Protect all rights, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupua’a tenants who are descendants of Native 4 Hawaiians who inhabited the Hawaiian Islands Prior to 1778, subject to the right of the State to regulate such rights. \[draft GP2040\] Under Objective 1, POLICIES, add ACTIONS:  Codify protections of Native Hawaiian customs and gathering rights related to access and cultural preservation. Under Collaborative Biocultural Stewardship Objective 3, “Increase direct community restoration and collaborative efforts to conserve and nourish the island’s biocultural resources,” add the following POLICIES:  Ensure public access is provided to the shoreline, public trails and hunting areas, including free public parking where appropriate.  Establish a program to inventory ancient trails, cart roads and old government roads on the island in coordination with appropriate State agencies. \[current General Plan\]  The County of Hawaiʻi shall establish public access to and along the shoreline to significant historic sites, public transit along the top of cliff, streams and other natural water courses, mauka trails, facilities, and access to sites for gathering, fishing, hunting, and other recreational purposes and in accordance with Hawai‘i County Code Chapter 34. \[draft Gp 2045\]  Protect all rights, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaʻa tenants who are descendants of Native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. \[Public Access, Natural Resources, Health\] \[Rationale: Based on identified gaps in County code and an over-reliance on State statutes to address Native Hawaiian rights. See HRS Section 1-1, 7-1 and Article 12 Section 7 of the Constitution of the State of Hawai‘i.\]  Prior to disposing of, leasing, or transferring public lands, including public roads or trails, public access potentials shall be assessed, documented and protected if public access use is in the public’s interest. \[Rationale: Based on existing HRS Section 46-1.5, Hāmākua CDP Policy 50, and General Plan 12.3 (n).\]  Ensure that publicly-owned historic trails and roads are properly identified and consultation occurs to protect the public’s interests. \[Rationale: Based on the Highways Act of 1892, Hāmākua CDP Policy 50, and the General Plan 12.3 (n).\]  Seek private-public partnerships to manage and maintain public access to the shoreline, fishing areas, public trails, hunting areas, scenic places and vistas, and significant historic sites, buildings, and objects of public interest. \[Public Access\]  Ensure Native Hawaiian access rights are clearly expressed in County code, policies, and procedures. \[Rationale: Based on identified gaps in County code and an over-reliance on State statutes to address Native Hawaiian rights. See HRS Section 1-1, 7-1 and Article 12 Section 7 of the Constitution of the State of Hawai‘i.\]  Prioritize and maintain an education and awareness program for County employees regarding Native Hawaiian culture, values, and resource management. \[Rationale: Based on identified gaps in County capacity to sensitively address Native Hawaiian issues.\] 5  County staff shall include qualified personnel versed in Hawaiian language, Hawaiian history, and historic preservation to provide dedicated expertise in support of the objectives, polices, and actions stated in this plan. \[Rationale: Based on identified gaps in County capacity to sensitively address native Hawaiian issues.\]  Ensure access for cultural practitioners in areas that may not be appropriate for public access (e.g. Burial sites, specific heiau, traditional and customary practice ares). \[Rationale: Based on examples of sensitive areas that may need special treatment based on cultural protocol.\] Under Objective 3, POLICIES, add ACTIONS:  Support the creation of an inventory and mapping of game management areas, complete with access, easement, and restriction information, and  Identify, inventory, and map important Native Hawaiian cultural and historic places, traditional cultural properties and resources, traditions, and practices, through the use of architectural, archaeological, ethnographic surveys, and oral histories. \[Mapping\]  Place administration of game management and the Game Management Advisory Commission under the Office of Sustainability, Climate, Equity, and Resilience.  Identify by GPS coordinates all existing historic trail alignments that (a) have been recommended for preservation by SHPD, (b) appear on historic maps and/or are known by oral tradition, and incorporate these into the County GIS database.  Add public access requirements as listed in Hawai‘i County Code Chapter 34, “Public Access,” to apply to Chapter 23 Subdivision Code, SMA review, zoning code, special permits, etc. \[Code\]  Develop and implement a public-private program to establish and manage specific access points and trails.  Establish a County of Hawaiʻi Public Access and Trail Program with sufficient staff and resources.  Coordinate with State agencies to improve access and access/trail management resources (including policies, conditions, identification, cataloguing, enforcement, maintenance, etc.).  Consider establishing a working group with surrounding land owners and the user- community to educate users and manage ATV and OHV use and ensure that non-pedestrian allowances are not permitted within sections of modern trails that overlap, are congruent, or correspond to ancient or historic trails and its associated features.  Coordinate with hunting associations and other land stewards, to establish clear-defined hunting policies and disseminate education regarding these policies. Again, mahalo for this opportunity for the GMAC to advise the Council in the matter of the General Plan Comprehensive Review. .. Mālama pono 6