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Home My WebLink About2018-02-16 Letter to Christopher Biltoft re Hara Trust Land in Lower PunaHarry Kim Mayor (Iunnfg of cliztiouil Wil Okabe Managing Director Barbara J. Kossow Deputy Managing Director ffrr of flit flitavor 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740 (808) 323-4444 • Fax (808) 323-4440 February 16, 2018 Christopher Biltoft 14-5001 Hoolai Street Pahoa, Hawaii 96778 Dear Mr. Biltoft, Re: Hara Trust Land in Lower Puna The finalization of the PONC purchase of the Hara Trust land has been completed. The agreement was approved last November, but awaited final clearance from the Planning Department and the Department of Finance. This was to follow up on questions relating to fair assessment value due to questions referring to the lot size, to high water issues and concerns of access to property. Please be advised that concerns were expressed regarding campers, transients and abuse of sea life. Kohanaiki is not a problem due to guards and gates, but Hookena is a problem that is being addressed. To boast both Kahanaiki and Hookena were done during my first terms as Mayor - no PONCE. I look forward to the management plans addressing issues of the protected sea life and of cultural sites. Enclosed are copies of the area and regulations of the Waiopae Tide Pools Marine Life Conservation District. I thought this may be helpful to you. Sorry for the delay, but the Holidays caused a backlog with all of the Departments. Please forward onto Greg Braun, Jan Anderson, Mary Fleming, Christopher Biltoft, Kirk Flanders, Linda Flanders, Marlene Phillips, Hart Phillips, Barbara Bell, Oshi Simsarian, Kirk Puuohau-Pummill, Betty Oberman and Janet Marshall as I do not have their addresses. Sincerely, Harry Kim Mayor, County of Hawai`i County of Hawaii is an Equal Opportunity Provider and Employer. HAWAII ADMINISTRATIVE RULES TITLE 13 DEPARTMENT OF LAND AND NATURAL RESOURCES SUBTITLE 4 FISHERIES PART I MARINE LIFE CONSERVATION DISTRICTS CHAPTER 38 WAIOPAE TIDEPOOLS MARINE LIFE CONSERVATION DISTRICT, HAWAII §13-38-1 §13-38-2 §13-38-3 §13-38-4 §13-38-5 Statements of intention Definitions Prohibited activities Exceptions; permits Penalties §13-38-1 Statements of intention. It is the department's intention to establish this marine life conservation district for the purposes of protecting, conserving, and improving the unique marine resources found within its boundaries. The department recognizes traditional and customary rights with regards to the wise and sustained use of these marine resources for subsistence, cultural, and religious practices, subject to the department's authority to manage these marine resources to prevent their overuse. The department further intends to review, within five years of the effective date of these rules, how effective these rules were in achieving the above stated purposes. [Eff JUN 16 2Qo ] (Ruth: HRS §§190-2, 190-3) (Imp: HRS §190-2, 190-3 §13-38-2 .Definitions. As used in this chapter unless otherwise provided: "Commercial activities" means any action that involves the taking of marine life for compensation, usually money, or any action, service, or goods that are provided, in exchange for compensation, usually money, regardless of if the exchange occurs inside or outside of the marine life conservation district. 38-1 2 54 0 §13-38-2 "District" means the Waiopae Tidepools marine life conservation district. "Marine life" means any type or species of saltwater fish, shellfish, mollusks, crustaceans, coral, or other marine animals, including any part, product, egg, or offspring thereof; or seaweeds or other marine plants, including any part, product, seed, or root thereof. "Take" means to fish for, catch, capture, or harvest, or to attempt to fish for, catch, capture, or harvest, aquatic life. The use of any gear, equipment, tool, or any means to fish for, catch, capture, or harvest, or to attempt to fish for, catch, capture, or harvest, aquatic life by any person who is in the water, or in a vessel on the water, or on or about the shore where aquatic life can be fished for, caught, captured, or harvested, shall be construed as taking. "Waiopae tidepools marine life conservation district" means that portion of the submerged lands and overlying waters of the area known as the Waiopae tidepools beginning at the high water mark at the shoreline and those overlaying waters and submerged lands depicted in the "Map of the Waiopae Tidepools Marine Life Conservation,,l��,s r q4 awaii" at the end of this chapter. [Eff J�JjV10 CUUJ ] (Auth: HRS §§190-2, 190-3) (Imp: HRS §190-2, 190-3) §13-38-3 Prohibited activities. No person shall engage in the following activities in the district: (1) Take, injure, kill, possess, or remove any marine life; (2) Take, alter, deface, destroy, possess, or remove any sand, coral, rock, or other geological feature, or specimen; (3) Anchor or moor any vessel; and (4) Conduct commercial activities, such as, but not limited to, commercial tours, dive groups, sightseeing tours, hikes, or guided services. [Eff JUN 16 2003 ] (Auth: HRS §§190-2, 190-3, 190-4.5) (Imp: HRS §190-2, 190-3, 190-4.5) §13-38-4 Exceptions; permits. (a) The department may issue permits to engage in activities prohibited by section 13-38-3 and as may be otherwise prohibited by law, provided that: 38-2 2540 §13-38-5 (1) The department may impose terms and conditions it deems necessary to carry out the purpose of this chapter, including requiring a report or reports of any marine life taken from the area; (2) The permits may be issued for scientific, educational, propagation, cultural, or management purposes; (3) The board may revoke any permit for any infraction of the terms and conditions of the permit; and (4) A person whose permit was revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation. (b) The department may issue the permit for a limited duration subject to the provisions of this section, but such duration shall not exceed one year from the date of issuance. The issuance of a permit shall not constitute a vested right to receive future or additional permits. (c) The permits are non -transferable, unless otherwise allowed by the department. (d) If the department determines that the protection and conservation of the aquatic life in the area requires the cessation of all or certain activities allowed under the permits, upon notification to the permit holders of this determination by any reasonable means, the permits shall automatically expire on a date provided in the notification. (e) There is no right to a renewal or re -issuance of a permit. When reviewing an application for a permit, the department shall consider whether the applicant has previously violated or not complied with any term or condition of a permit may deny the application on this basis. [Eff J 1 6 2003 ] (Auth: HRS §§190-2, 190-3, 190-4) (Imp: HRS §§190-2, 190-3, 190-4) §13-38-5 Penalties. A person violating the provisions of this chapter or the terms and conditions of any permit issued as provided by this chapter, shall be guilty of a petty misdemeanor, subject to administrat'v pe altes, and punished as provided by law. [Eff JUN 16 2003 ] (Auth: HRS §§187A-12.5; 190-2, 190-3, 190-5) (Imp: HRS §§187A-12.5, 190-5) 38-3 2 54 0 Waiopae Tidepools Marine Life Conservation District, Hawaii Watapae Tndepoots �Aarine fe Conservation District means Haat j onion f the s rbtaaetged lands :end overlying waters c;f the area known as the Waiopae Tide. pools beginning at ttte high Water mark at the shorefirta:and #hose over}ayits waters and submerrged lands Waiopae Tidepools Marine Life Conservation District Boundary Data from Hawaii DAR and State GIS Map by K. Kerr Feb, 20, 2002 Geographic Projection; NAD83 2. .5 L 0