Three Hawaii DLNR scams that defraud the public out of hundreds of thousands of dollars every year

Three Hawaii DLNR scams that defraud the public out of hundreds of thousands of dollars every year

When we questioned DLNR personnel about the ongoing fraud, we were met with a wall of silence

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(Quick note to Anne Lopez, Hawaii’s latest version of Attorney General:  Hi Anne, Please don’t worry yourself over this. Defrauding the public in Hawaii has long ago become normalized.)

 

The liveaboard waitlist scam:

The liveaboard waitlist and associated fees state-sponsored scam: the DLNR is currently accepting waitlist applications and their accompanying yearly fees from applicants wishing to place their name on the liveaboard waitlist.  The applicant, of course, has the obvious expectation that the DLNR will, at some point in the waiting process, provide the promised permit that the waitlist application process implies. For some reason, the administrator of the Division of Boating and Ocean Recreation has been allowed to make, independently, an arbitrary and capricious change to Hawaii Revised Statues -- a single word change, from "should" to "may" -- that then somehow gives the DLNR the right to accept money in exchange for a waitlist application while at the same time having no intention of ever supplying a liveaboard permit.

 

The fraudulent flat rate electrical fees scam; the scheme to charge non-HECO  monitored piers at the Ala Wai Small Boat harbor a non-scaling flat rate fee:

The electrical flat rate fees as per §13-234-10 for vessels on floating piers who are not on HECO electrical meters are not being charged on a sliding scale. Someone living on a small 25’ boat is paying the same $100 per month as those living on 60’ boats.  Electricity is a consumption item and is usually charged for by the kilowatt hour of consumption. Many of our boaters are not consuming anywhere near $40 per month for regular tenants and $100 per month for liveaboard tenants. What happens to the windfall overages paid by boaters who consume nowhere near the amount of electricity that they’re being charged for? In the current scheme, the less affluent boater is subsidizing the more affluent. (See our in-depth coverage here)

 

The scheme to collect an additional month's fee from tenants (for an empty slip) who sell their vessels, transfer ownership, and then vacate their slips:    

It is a well-known fact that it is impossible to predict a calendar day when the transfer of ownership will occur for the sale of any vessel in the state of Hawaii. Selling a boat in Hawaii, as is true elsewhere around the country, is unpredictable, at best.

To have a rule in place saying that a tenant must give 30 days notice to vacate their slip as a prerequisite to having their deposits and other fees returned to them upon leaving the harbor, as a result of the sale of their vessel, simply amounts to fraud, because the tenant is forced to pay for an extra month's slip fee for a slip that is vacant.

This is a scheme that is designed specifically to collect an additional month's rent for a vacant slip.

So, for example, if a tenant lists his/her boat for sale on Craigslist, the seller cannot in any way be guaranteed that 30 days from the listing of that vessel that there will actually occur a sale and a subsequent transfer of title resulting in the vacating of his/her slip. In fact, it is a well-known fact that an actual sale and then the subsequent transfer of title, which could occur at any time after that sale (or, as often happens, could actually fall through leaving the owner holding the boat in anticipation of another interested buyer) on the day that buyer and seller actually consummate a deal and subsequently transfer title of ownership. Obviously, completely unpredictable.

Yet the state of Hawaii requires tenants who are selling their boat to give them 30 days notice, in writing, of transfer of title before they are eligible to apply for a refund of all deposits and fees properly due relating to the previously occupied slip. This, of course, is nothing more than a scam to collect an extra month's rent on what now must be an unoccupied slip, as the tenant can only give notice of vacating his/her slip on the day -- unpredictable -- that that title actually transfers hands. On that day, the boat no longer belongs to the previous owner and the new owner must find another slip within the harbor system.

 

The problem associated with the timely return of a tenant's fees held, sometimes for decades, by the state of Hawaii, with no interest paid

 And related to this same scam is the very real problem associated with the timely return of a tenant's fees held by the state of Hawaii with no interest paid for a period of up to or exceeding three months after an application request for a return of fees has been submitted. When asked by the tenant when their fees may be returned, harbor agents will often indicate that  "after we get around to submitting your application for a refund, you may receive your money in the mail about three months after they receive your application in the main office". The tenant is then informed that there will be no interest paid on his/her money and that the actual return of his/her money, after being held by the state for a period of perhaps 10 or more years during the tenancy period, will be arbitrarily decided upon by the Department of Land and Natural Resources. Ironically, these same fees are demanded immediately and upfront before the issuance of a slip in the public's harbor system.

At the DLNR and in DOBOR offices, arrogance, smug disregard for the finances of the public, and outright fraud all seem to go hand-in-hand.

 

 

 

Three Hawaii DLNR scams that defraud the public out of hundreds of thousands of dollars every year
Three Hawaii DLNR scams that defraud the public out of hundreds of thousands of dollars every year

When we questioned DLNR personnel about the ongoing fraud, we were met with a wall of silence

HON now has more than 18,000 subscribers (subscribe)

(Quick note to Anne Lopez, Hawaii’s latest version of Attorney General:  Hi Anne, Please don’t worry yourself over this. Defrauding the public in Hawaii has long ago become normalized.)

 

The liveaboard waitlist scam:

The liveaboard waitlist and associated fees state-sponsored scam: the DLNR is currently accepting waitlist applications and their accompanying yearly fees from applicants wishing to place their name on the liveaboard waitlist.  The applicant, of course, has the obvious expectation that the DLNR will, at some point in the waiting process, provide the promised permit that the waitlist application process implies. For some reason, the administrator of the Division of Boating and Ocean Recreation has been allowed to make, independently, an arbitrary and capricious change to Hawaii Revised Statues -- a single word change, from "should" to "may" -- that then somehow gives the DLNR the right to accept money in exchange for a waitlist application while at the same time having no intention of ever supplying a liveaboard permit.

 

The fraudulent flat rate electrical fees scam; the scheme to charge non-HECO  monitored piers at the Ala Wai Small Boat harbor a non-scaling flat rate fee:

The electrical flat rate fees as per §13-234-10 for vessels on floating piers who are not on HECO electrical meters are not being charged on a sliding scale. Someone living on a small 25’ boat is paying the same $100 per month as those living on 60’ boats.  Electricity is a consumption item and is usually charged for by the kilowatt hour of consumption. Many of our boaters are not consuming anywhere near $40 per month for regular tenants and $100 per month for liveaboard tenants. What happens to the windfall overages paid by boaters who consume nowhere near the amount of electricity that they’re being charged for? In the current scheme, the less affluent boater is subsidizing the more affluent. (See our in-depth coverage here)

 

The scheme to collect an additional month's fee from tenants (for an empty slip) who sell their vessels, transfer ownership, and then vacate their slips:    

It is a well-known fact that it is impossible to predict a calendar day when the transfer of ownership will occur for the sale of any vessel in the state of Hawaii. Selling a boat in Hawaii, as is true elsewhere around the country, is unpredictable, at best.

To have a rule in place saying that a tenant must give 30 days notice to vacate their slip as a prerequisite to having their deposits and other fees returned to them upon leaving the harbor, as a result of the sale of their vessel, simply amounts to fraud, because the tenant is forced to pay for an extra month's slip fee for a slip that is vacant.

This is a scheme that is designed specifically to collect an additional month's rent for a vacant slip.

So, for example, if a tenant lists his/her boat for sale on Craigslist, the seller cannot in any way be guaranteed that 30 days from the listing of that vessel that there will actually occur a sale and a subsequent transfer of title resulting in the vacating of his/her slip. In fact, it is a well-known fact that an actual sale and then the subsequent transfer of title, which could occur at any time after that sale (or, as often happens, could actually fall through leaving the owner holding the boat in anticipation of another interested buyer) on the day that buyer and seller actually consummate a deal and subsequently transfer title of ownership. Obviously, completely unpredictable.

Yet the state of Hawaii requires tenants who are selling their boat to give them 30 days notice, in writing, of transfer of title before they are eligible to apply for a refund of all deposits and fees properly due relating to the previously occupied slip. This, of course, is nothing more than a scam to collect an extra month's rent on what now must be an unoccupied slip, as the tenant can only give notice of vacating his/her slip on the day -- unpredictable -- that that title actually transfers hands. On that day, the boat no longer belongs to the previous owner and the new owner must find another slip within the harbor system.

 

The problem associated with the timely return of a tenant's fees held, sometimes for decades, by the state of Hawaii, with no interest paid

 And related to this same scam is the very real problem associated with the timely return of a tenant's fees held by the state of Hawaii with no interest paid for a period of up to or exceeding three months after an application request for a return of fees has been submitted. When asked by the tenant when their fees may be returned, harbor agents will often indicate that  "after we get around to submitting your application for a refund, you may receive your money in the mail about three months after they receive your application in the main office". The tenant is then informed that there will be no interest paid on his/her money and that the actual return of his/her money, after being held by the state for a period of perhaps 10 or more years during the tenancy period, will be arbitrarily decided upon by the Department of Land and Natural Resources. Ironically, these same fees are demanded immediately and upfront before the issuance of a slip in the public's harbor system.

At the DLNR and in DOBOR offices, arrogance, smug disregard for the finances of the public, and outright fraud all seem to go hand-in-hand.

 

 

Hawaii: State Farm insurance company stops issuing all boater insurance as blowback reactions to DOBOR’s new insurance requirements gain momentum
Hawaii: State Farm insurance company stops issuing all boater insurance as blowback reactions to DOBOR’s  new insurance requirements gain momentum

DoBOR's Insurance rule "ridiculous", insurers say

Insurance rule weaponized by the DLNR's Ed Underwood as part of larger plan to collapse publicly-owned harbor system

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(Please see latest updates at the bottom of this article)

A $million coverage for a $10k, 26' boat?

If you've got a 26 foot or larger boat in Hawaii's public harbor system, you will be required to get what amounts to $1 million in comprehensive coverage in order to satisfy Ed Underwood's latest assault on the boating community, according to State Farm before they shuttered their boating insurance division.

The legal mandate for this rule, HRS § 200-13.5, was snuck through the legislature in 2017, with no public testimony, and has suddenly resurfaced and has been weaponized by the DLNR's DOBOR administrator Ed Underwood.

Underwood has recently been called out as a sexual predator, having sexually harassed and abused a female coworker during working hours in a state of Hawaii Department of Land and Natural Resources office.

 

The latest in a long list of DLNR poorly thought through schemes

This latest in a long list of poorly thought through schemes by the DLNR has further eroded the recreational boating environment for those wishing to enjoy Hawaii's ocean recreation resources.

We were informed by two different State Farm agents, before State Farm shuttered their boating insurance division, that any vessel, regardless of its value, in order to get $100,000 in "wreck removal" coverage -- DoBOR's new insurance requirement -- would need to purchase a comprehensive policy in the amount of $1 million. The wreck removal component of that policy is 10% of the total comprehensive package. There is no such thing as a separate salvage component add-on to liability insurance.

 

Insurers: Insurance mandate "ridiculous"

Some other insurers, as well, are balking at the requirement, some calling it "ridiculous", because DOBOR is asking insurers to ensure boats whose value, in some cases, is less than $10,000, for 100s of thousands of dollars to up to $1 million in comprehensive insurance.

Underwood claims that the reason for this newest insurance requirement is that there are no longer any funds left in the Boating Special Fund traditionally allocated for salvage operations. 

 

Need for mandate created by DoBOR itself

What Underwood doesn't say is that DOBOR created the vacuum in funds in the Boating Special Fund --the source of salvage funding-- in the first place. 

The mass exodus of rent-paying tenants and the subsequent catastrophic collapse in revenue was a direct result of another very poorly thought through rule change by Suzanne Case's DLNR in 2019.

In 2019, at the urging of Ed Underwood, the DLNR passed draconian new regulations as part of massive changes to statute 13–234. The new rule changes instantly doubled slip fees for all boaters in the public harbor system. This rule was passed despite 100% opposition from thousands of boaters across the state of Hawaii who warned the DLNR, at the time of testimony, that this would essentially empty the harbors. 

And the rule did just that. There was in fact a mass exodus of rent paying boaters from the public harbor system and, as a result, the Boating Special Fund has been seriously depleted.

 

Grounding of commercial vessel triggers insurance mandate for recreational boaters

Underwood claims that the trigger for the new insurance mandate was the grounding of a 60 foot yawl on the reef in front of the Hilton Hawaiian hotel. However what he failed to inform the press about is that the grounded vessel was a commercially operated vessel with a commercial captain who was violating Coast Guard safe-operation rules and regulations. Despite this, Underwood has decided to punish all recreational boaters with this new insurance mandate.

In forums across Facebook and elsewhere, boaters were unanimous about their frustration in not being able to find the kind of insurance that Underwood is mandating, and were worried that they wouldn't even be able to sell their boats because there would no longer be a market for boats needing slips in Hawaii. 

 

Possible public harbor chaos in the wake of mandate

This, of course, will create a whole new mess in Hawaii's Public Harbor system as boaters may have no other choice but to do one of two things: either walk away from their boats and just let them rot right where they are causing a massive cleanup problem for the state, or they will be forced to sell their vessels for pennies on the dollar, as there will no longer be a market for boats that need a slip in Hawaii harbors.

 

Clearly discernible path taken by Ed Underwood over the past decade deliberately causes the decline of the public's harbor system

There has been a clearly discernible path taken by Ed Underwood over the past decade to deliberately cause the decline of the public's harbor system. This "ridiculous" insurance mandate is perhaps the final nail in the coffin. Underwood hopes to hand over all publicly owned harbors to private for-profit out-of-state corporations who will then make these harbors available only to more affluent, mostly out-of-state tenants.

 

Harbor offices in complete meltdown

Adding to the chaos, conditions within the state's public harbor offices are near chaotic with staff shortages, incompetent handling of accounts being epidemic, compounding existing account errors, disastrously slow handling of slip assignments, near zero enforcement of any kind, and the, in some cases, fraudulent mishandling of public funds. When the new insurance mandate goes into effect on May 1st, the state's public harbor offices may be underwater.

 

Update:

Great big mahalo! to one of our readers: We've just been told that Progressive will provide the necessary insurance to meet the new requirement.  We have just verified that Progressive Insurance will, in fact, include the wreck removal coverage at very reasonable cost.

Contact Progressive at:1-866-749-7436

 

Latest Update:

Another reader just wrote to us to inform us that they had just gotten off the phone with Progressive and that this insurer was NOT insuring boats in Hawaii for wreck removal.

 

 

Hawaii: Hearing originally shut down for Sunshine violations – DLNR now resorting to day-change subterfuge to stifle public outcry?
Hawaii: Hearing originally shut down for Sunshine violations – DLNR now resorting to day-change subterfuge to stifle public outcry?

Business as usual as Hawaii's DLNR attempts to discourage public testimony with last-minute "extension" trick

The DLNR's sexual predator, Ed Underwood, set to testify in favor of cancelling the ocean recreation community at the AWSBH

We at HON are still reeling from the news about Maui. We extend our deepest sympathies and condolences to the victims of this horrible disaster.  Katherine Lindell, editor

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-opinion-

 

DLNR's last minute extension with virtually no notice:

 

Begin forwarded message:

From: DLNR.BLNR.Testimony <blnr.testimony@hawaii.gov>

Subject: RE: [EXTERNAL] Oahu Community Listening Session at Ala Wai harbor Denied

Date: December 6, 2023 at 4:04:55 PM HST

To: [The Public]

 

Aloha,

As requested, below is the link to the December 7, 2023, Board of Land and Natural Resources Meeting. 

Please anticipate a continuation of the meeting on Friday, December 8, 2023, at 9:00 am. 

When signing into ZOOM, please identify yourself by name, followed by the Item number on which you wish to provide oral testimony (example F3) You will be placed in the “Waiting Room” until the Item is before the Board.

Join Zoom Meetinghttps://us06web.zoom.us/j/88380629451

While waiting, you may monitor the meeting via the YouTube live stream at this link: https://youtube.com/live/Ax0Vk65Bngs?feature=share

The Zoom Link and the Live-Stream link a good for both days.

Once admitted to the meeting, please TURN OFF (not turn down) your YouTube live stream to avoid feedback.

To Join by phone   +1 669 444-9171
Meeting ID: 893 0710 9294  Press*6 to Unmute 

 BLNR.Testimony@hawaii.gov

 

 

 

 

 

----------------------------------------------------------------------------------------------------

 

As if once wasn't enough, the DLNR board will try again to pass rules that will destroy a decades-old community at the Ala Moana Bowls parking lot in Waikiki, after the first attempt was scuttled by an Office of Information Practices order to abort the meeting due to Sunshine Law violations.

An upcoming DLNR board hearing at 9:15 AM on Thursday, December 7th, 2023, will ask again for an approval to transform the above mentioned parking area into a pay-only-under-threat-of-tow parking lot. The effect will be immediate and disastrous as this is not just a "parking lot"; it has been a local community meeting place for nearly 3/4 of a century.  (Village-Idiot-turned-mayor, Kirk Caldwell, did the equivalent to the half-century-old Diamond Head cliffs/lighthouse surfing community, a heart-breaking ending to a vibrant meeting place)

If passed, this rule will create a more dangerous scenario for the hundreds of local and visiting surfers who have, for decades, accessed the world famous Bowls and other area surf spots from the contested "parking lot". Should the rule pass, most surfers will have little choice but to use the alternative parking facilities at Magic Island where they will have to paddle across the well-trafficked -- and often polluted -- boat channel between Bowls and Magic Island. Boaters using the channel have reported that they are unable to see surfers traversing the channel and that it is just a matter of time before someone gets run down.  When confronted with this concern, rule proponent, Ed Underwood, replied that "that's not my problem." 

To yank this center for ocean activity out from under the surfers, paddlers, swimmers, and boaters who come here daily, and to force a dangerous alternative, is but another in a long list of DLNR in-your-face negative aggression against the ocean recreation community. (The inherent mean spirited and confused approach to DLNR rule making during the disastrous Thielen and Case chair tenures is the stuff of legend)

BLNR hearing agenda item J-7, contrived by the DLNR's resident sexual deviate, Ed Underwood (and his sidekick, Meghan Statts, who was caught lying to a senate hearing committee in 2021), is nothing more than a back door, gray-area attempt to end-run the legislature's already having tabled this exact item during the last legislative session.

We have attempted to contact the DLNR's Chair, Dawn Chang, the DLNR's spin-doctor-snow-machine, Dan Dennison, board members, and other key personnel within the DLNR so that we could get further insight into their perspective about this issue, but have so far received zero response from anyone at that agency.

Silence.

Historically, silence has been standard protocol from the DLNR. Our experience, DLNR personnel appear fearful of the blow-back from Hawaii's public because of all the harm that has already been done by the DLNR to Hawaii's communities -- especially ocean recreation communities -- as a result of their mostly lock step collusion with big money interests, abject incompetence, and misguidance from their DoBOR administrator, Ed Underwood. (This same kind of incompetence by local and state bureaucrats, played out during the Maui fires, resulted in the deadly-bungled Lahaina response that cost precious lives and so much loss of property)

(See our prediction: "Hawaii's leaders out of touch and unresponsive to the disasters they are creating for our future")

One of the DLNR's most vocal critics has been local native Hawaiian, Sam Monet, a long time surfer and sailor in the Waikiki area. Below we reprint his objections and testimony to the DLNR's most recent attempt to dissolve yet another long-standing community in Hawaii, worth reading as it points out the troubling legal, ethical, and moral issues involved.

(The hearing will be held on Thursday, December 7th, 2023, beginning at 9:15 a.m. at:  in person at the DLNR Boardroom, Kalanimoku Building, 1151 Punchbowl St., Room 132, & online via ZOOM, livestream via YouTube. Agenda Item J7. The public is strongly advised to attend this meeting and testify. The ZOOM-streamed version of this meeting will be televised on YouTube and we urge the public to watch so as to get a better idea as to how the DLNR board actually works.)

These are the board members, by name, who will be voting on this measure:

  • Dawn N. S. Chang, Chairperson, term: 1/1/2023 – 12/31/2026.
  • Riley Smith, Hawai'i Island Member, term: 7/1/2022 – 6/30/2026.
  • Doreen Nāpua Canto, Maui Nui Member, term: 7/1/2021 – 6/30/2025.
  • Karen Ono, Kaua'i Member, term: 7/1/2020 – 6/30/2024 (began service 5/1/2022)

 

Testimony

Sam Monet

December 3, 2023

Board of Land and Natural Resources

Re: 9: 00 a.m J-7 Thursday December 7, 2023

Public Testimony at Oahu Land Board hearing

Against DLNR plan to terminate “Free” parking at Ala Wai Small Boat Harbor and public beach

 

        I am a native Hawaiian, surfer and sailor who has been surfing at Ala Moana, in the ahupua’a Waikiki for over 60 years.  I would like to testify at that meeting.  

         December 7, is a day of infamy in our history, a sneak attack, which now appears to be re-enacted by our public servants at DLNR.  We fought against it then and now.

COLLECTIVE PUNISHMENT: is a punishment or sanction imposed on a group for acts allegedly perpetrated by someone else, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator.  Because individuals who are not responsible for the acts are targeted, collective punishment is not compatible with the basic principle of individual responsibility, equitable application of laws or rules.

          DLNR argues that because people who are NOT recreational users are parking free at the harbor, Hilton hotel employees who illegally park all day along the lagoon fence beginning at about 6 a.m., DLNR should impose a penalty on or punish ALL users, local surfers, boaters and other recreational users.  

          This is not an equitable, fair or just way for public employees or officials to manage public trust assets.  Those hotel employees are pocketing their monthly stipend for parking at the hotel.  HOTEL EMPLOYEES SHOULD NOT BE PARKING AT THE HARBOR.

          The way to address this is to notify the Hotel that DLNR has authorized an employee to mark tires and WILL begin towing any cars that do not comply with the EXISTING parking regulations at the harbor.

          The problem is not local surfers, beach goers and other recreational users parking at the harbor, it is management at DLNR.

          In March 2023 the Hawaii Legislature tabled a bill to convert the FREE Parking at Ala Wai Harbor to paid parking.  DLNR is again attempting an end run the Legislature at the Land Board.

         AWSBH has served as a hub for tourists, recreational boating and fishing, surfing, sailing and beach goers, a legal home for some to ease Hawaii’s homeless problem, and a popular spot for paddling, surfing competitions and Friday night fireworks.   

          It is the last place in Waikiki where local people, our children and families can come to a beach in Waikiki where we can park FREE, Manuahi.

          In addition, under this plan, local surfers will be forced to park at Ala Moana park where parking is FREE, they would then need to paddle across the Ala Wai canal and boat harbor entrance where a steady stream of commercial boats, canoes, private fishing and sail boats transit; water pollution and many recent shark sightings make that paddle extremely dangerous for parents and their kids.

          In meeting at AWSBH in March 2023, State of Hawaii DLNR administrator, sexual predator Ed Underwood declared that “the public will no longer get 300 free parking at Ala Wai Small Boat Harbor (AWSBH); but instead will have to pay for approximately 150 stalls in his new “paid parking” plan, and “overflow must instead park outside the harbor at the city’s Ala Moana park”; because as he said “nothing is free”.   

          When questioned about the danger to surfers paddling across from the ParkUnderwood callously stated “that is not my problem”.

          Native Hawaiian Dawn Chang should be ashamed for allowing her agency to manipulate this Board to do the wrong thing against the people of Hawaii.  The Lahaina fire was under her watch, the alleged “restoration" has been a nightmare for locals and now she wants to make a mess of things at Ala Wai.

          300 plus  FREE parking stalls  at AWSBH is a matter of law.

          The State of Hawaii is prohibited from terminating free public parking at the AWSBH under the public trust doctrine and various legal precedents.  

          In addition native Hawaiians who before the overthrow of the Hawaiian Monarchy in 1890s, traditionally, historically and currently parked “free” manuahi at AWSBH with access through what is now called Kahanamoku Lane to the beach and ocean to dive, fish, pick limu and opihi, surf, paddle canoe, sail and otherwise utilize the beach and ocean for customary rights for subsistence, to practice their native Hawaiian religion and culture, secured by federal and state Constitution and law.

          Because AWSBH is a navigable waterway, was developed by the Army Corps of Engineers, is maintained in part with millions of dollars of federal funds  and the issues are federal questions, Federal court has jurisdiction.

          First, the public trust doctrine requires that certain natural resources and assets, including navigable waters, the water and submerged lands, be held in trust by the government for the benefit of the public. As a public trust asset, the AWSBH is subject to this doctrine and must be managed in a manner that preserves and enhances public access and use. 

          Termination of free public parking would directly limit native Hawaiian and the public's historic and as stated in its development plans, funding and construction, ability to access and use this asset, and therefore violates the public trust doctrine. 

          Second, the Ninth Circuit Court of Appeals has held that the public trust doctrine applies to navigable waters and adjacent lands, including public beaches and parking areas. In Hawaii's Thousand Friends v. Anderson, 374 F.3d 668 (9th Cir. 2004), the court affirmed that the public trust doctrine requires the State of Hawaii to manage its public trust resources in a manner that prioritizes public access and use, and prohibits the state from privatizing or otherwise transferring control over these resources to private parties.

          Third, the Hawaii Supreme Court has also recognized the importance of public access and use in managing public trust resources. In Diamond v. Dobbin, 319 P.3d 1017 (Haw. 2014), the court held that the State of Hawaii had violated the public trust doctrine by granting a private developer exclusive use of a public beach, thereby limiting public access and use. The court reaffirmed the public's right to access and use public trust resources and held that the state has a duty to manage these resources for the benefit of the public.

          Fourth, the State of Hawaii has a legal obligation to provide adequate public access and use of public trust assets under state and federal law. For example, under the Americans with Disabilities Act, the state is required to provide accessible parking spaces and other accommodations to ensure that individuals with disabilities have equal access to public facilities.

          Finally, Hawaiian rights are broadly defined in Article 12, Section 7 of the Hawaii Constitution, Hawaii Revised Statutes Section 1-1, and Hawaii Revised Statutes Section 7-1. These provisions commonly refer to the right of Hawaiians to exercise their traditional and customary rights for subsistence, cultural, and religious purposes, subject to the right of the State to regulate such rights.

          State’s rights to regulate have been narrowly defined by federal and state supreme court and lower court decisions.  In State Supreme Court’s 1995 decision in PASH v. Hawaii County Planning Commission, 79 Hawaii 425, 903 P.2nd 1246 (1995) cert. denied, 517 U.S. 1163 (1996); the Court stated: “[T]he State is obligated to protect the reasonable exercise of customarily and traditionally exercised rights of Hawaiians to the extent feasible.”

          Again in Ka Pa’akai O Ka Aina v. Land Use Commission, 94 Hawaii 31, 7 P.3rd 1068 (2000) set forth a 3 step process by which State agencies must evaluate and reasonably protect the native Hawaiian rights to access, traditional and customary rights for subsistence, cultural, and religious purposes; violated by DLNR in its decision making process.

          In the Waiahole Ditch Contested Case, the Courts confirmed that traditional and cultural native Hawaiian rights shall not be diminished or extinguished by a failure to apply for or to receive a permit.

          PASH, Kapa’akai, and Waiahole, require governmental entities to not only define the traditional and customary rights affected by any proposed action but also to render findings on the impacts and mitigation necessary to lessen the impact on the exercise of these rights by Hawaiians.

          The State of Hawaii cannot terminate ANY free public parking at the Ala Wai Small Boat Harbor without violating the public trust doctrine and various legal precedents that prioritize public access and use of public trust resources. Any attempt to restrict public access to and enjoyment of AWSBH would be contrary to the state's legal obligations and could end up in a federal court, confirmation and an award for (class action) Plaintiffs.

Sam Monet

 

 

Hawaii OIP shuts down DLNR hearing for Sunshine violations – Board now set to violate the Public Trust Doctrine in redo hearing Thursday, Dec. 7
Hawaii OIP shuts down DLNR hearing for Sunshine violations – Board now set to violate the Public Trust Doctrine in redo hearing Thursday, Dec. 7

This may be just another business-as-usual, as Hawaii's DLNR continues to pursue it's strategy of adversarial relationship with the public

A contrivance of the DLNR's resident sexual deviate, Ed Underwood, this hearing is nothing more than a back door, gray-area attempt to end-run the legislature's already having tabled this item during the last legislative session

We at HON are still reeling from the news about Maui. We extend our deepest sympathies and condolences to the victims of this horrible disaster.  Katherine Lindell, editor

HON now has more than 18,000 subscribers (subscribe)

-opinion-

 

As if once wasn't enough, the DLNR board will try again to pass rules that will destroy a decades-old community at the Ala Moana Bowls parking lot in Waikiki, after the first attempt was scuttled by an Office of Information Practices order to abort the meeting due to Sunshine Law violations.

An upcoming DLNR board hearing at 9:15 AM on Thursday, December 7th, 2023, will ask again for an approval to transform the above mentioned parking area into a pay-only-under-threat-of-tow parking lot. The effect will be immediate and disastrous as this is not just a "parking lot"; it has been a local community meeting place for nearly 3/4 of a century.  (Village-Idiot-turned-mayor, Kirk Caldwell, did the equivalent to the half-century-old Diamond Head cliffs/lighthouse surfing community, a heart-breaking ending to a vibrant meeting place)

If passed, this rule will create a more dangerous scenario for the hundreds of local and visiting surfers who have, for decades, accessed the world famous Bowls and other area surf spots from the contested "parking lot". Should the rule pass, most surfers will have little choice but to use the alternative parking facilities at Magic Island where they will have to paddle across the well-trafficked -- and often polluted -- boat channel between Bowls and Magic Island. Boaters using the channel have reported that they are unable to see surfers traversing the channel and that it is just a matter of time before someone gets run down.  When confronted with this concern, rule proponent, Ed Underwood, replied that "that's not my problem." 

To yank this center for ocean activity out from under the surfers, paddlers, swimmers, and boaters who come here daily, and to force a dangerous alternative, is but another in a long list of DLNR in-your-face negative aggression against the ocean recreation community. (The inherent mean spirited and confused approach to DLNR rule making during the disastrous Thielen and Case chair tenures is the stuff of legend)

BLNR hearing agenda item J-7, contrived by the DLNR's resident sexual deviate, Ed Underwood (and his sidekick, Meghan Statts, who was caught lying to a senate hearing committee in 2021), is nothing more than a back door, gray-area attempt to end-run the legislature's already having tabled this exact item during the last legislative session.

We have attempted to contact the DLNR's Chair, Dawn Chang, the DLNR's spin-doctor-snow-machine, Dan Dennison, board members, and other key personnel within the DLNR so that we could get further insight into their perspective about this issue, but have so far received zero response from anyone at that agency.

Silence.

Historically, silence has been standard protocol from the DLNR. Our experience, DLNR personnel appear fearful of the blow-back from Hawaii's public because of all the harm that has already been done by the DLNR to Hawaii's communities -- especially ocean recreation communities -- as a result of their mostly lock step collusion with big money interests, abject incompetence, and misguidance from their DoBOR administrator, Ed Underwood. (This same kind of incompetence by local and state bureaucrats, played out during the Maui fires, resulted in the deadly-bungled Lahaina response that cost precious lives and so much loss of property)

(See our prediction: "Hawaii's leaders out of touch and unresponsive to the disasters they are creating for our future")

One of the DLNR's most vocal critics has been local native Hawaiian, Sam Monet, a long time surfer and sailor in the Waikiki area. Below we reprint his objections and testimony to the DLNR's most recent attempt to dissolve yet another long-standing community in Hawaii, worth reading as it points out the troubling legal, ethical, and moral issues involved.

(The hearing will be held on Thursday, December 7th, 2023, beginning at 9:15 a.m. at:  in person at the DLNR Boardroom, Kalanimoku Building, 1151 Punchbowl St., Room 132, & online via ZOOM, livestream via YouTube. Agenda Item J7. The public is strongly advised to attend this meeting and testify. The ZOOM-streamed version of this meeting will be televised on YouTube and we urge the public to watch so as to get a better idea as to how the DLNR board actually works.)

These are the board members, by name, who will be voting on this measure:

  • Dawn N. S. Chang, Chairperson, term: 1/1/2023 – 12/31/2026.
  • Riley Smith, Hawai'i Island Member, term: 7/1/2022 – 6/30/2026.
  • Doreen Nāpua Canto, Maui Nui Member, term: 7/1/2021 – 6/30/2025.
  • Karen Ono, Kaua'i Member, term: 7/1/2020 – 6/30/2024 (began service 5/1/2022)

 

Testimony

Sam Monet

December 3, 2023

Board of Land and Natural Resources

Re: 9: 00 a.m J-7 Thursday December 7, 2023

Public Testimony at Oahu Land Board hearing

Against DLNR plan to terminate “Free” parking at Ala Wai Small Boat Harbor and public beach

 

        I am a native Hawaiian, surfer and sailor who has been surfing at Ala Moana, in the ahupua’a Waikiki for over 60 years.  I would like to testify at that meeting.  

         December 7, is a day of infamy in our history, a sneak attack, which now appears to be re-enacted by our public servants at DLNR.  We fought against it then and now.

COLLECTIVE PUNISHMENT: is a punishment or sanction imposed on a group for acts allegedly perpetrated by someone else, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator.  Because individuals who are not responsible for the acts are targeted, collective punishment is not compatible with the basic principle of individual responsibility, equitable application of laws or rules.

          DLNR argues that because people who are NOT recreational users are parking free at the harbor, Hilton hotel employees who illegally park all day along the lagoon fence beginning at about 6 a.m., DLNR should impose a penalty on or punish ALL users, local surfers, boaters and other recreational users.  

          This is not an equitable, fair or just way for public employees or officials to manage public trust assets.  Those hotel employees are pocketing their monthly stipend for parking at the hotel.  HOTEL EMPLOYEES SHOULD NOT BE PARKING AT THE HARBOR.

          The way to address this is to notify the Hotel that DLNR has authorized an employee to mark tires and WILL begin towing any cars that do not comply with the EXISTING parking regulations at the harbor.

          The problem is not local surfers, beach goers and other recreational users parking at the harbor, it is management at DLNR.

          In March 2023 the Hawaii Legislature tabled a bill to convert the FREE Parking at Ala Wai Harbor to paid parking.  DLNR is again attempting an end run the Legislature at the Land Board.

         AWSBH has served as a hub for tourists, recreational boating and fishing, surfing, sailing and beach goers, a legal home for some to ease Hawaii’s homeless problem, and a popular spot for paddling, surfing competitions and Friday night fireworks.   

          It is the last place in Waikiki where local people, our children and families can come to a beach in Waikiki where we can park FREE, Manuahi.

          In addition, under this plan, local surfers will be forced to park at Ala Moana park where parking is FREE, they would then need to paddle across the Ala Wai canal and boat harbor entrance where a steady stream of commercial boats, canoes, private fishing and sail boats transit; water pollution and many recent shark sightings make that paddle extremely dangerous for parents and their kids.

          In meeting at AWSBH in March 2023, State of Hawaii DLNR administrator, sexual predator Ed Underwood declared that “the public will no longer get 300 free parking at Ala Wai Small Boat Harbor (AWSBH); but instead will have to pay for approximately 150 stalls in his new “paid parking” plan, and “overflow must instead park outside the harbor at the city’s Ala Moana park”; because as he said “nothing is free”.   

          When questioned about the danger to surfers paddling across from the ParkUnderwood callously stated “that is not my problem”.

          Native Hawaiian Dawn Chang should be ashamed for allowing her agency to manipulate this Board to do the wrong thing against the people of Hawaii.  The Lahaina fire was under her watch, the alleged “restoration" has been a nightmare for locals and now she wants to make a mess of things at Ala Wai.

          300 plus  FREE parking stalls  at AWSBH is a matter of law.

          The State of Hawaii is prohibited from terminating free public parking at the AWSBH under the public trust doctrine and various legal precedents.  

          In addition native Hawaiians who before the overthrow of the Hawaiian Monarchy in 1890s, traditionally, historically and currently parked “free” manuahi at AWSBH with access through what is now called Kahanamoku Lane to the beach and ocean to dive, fish, pick limu and opihi, surf, paddle canoe, sail and otherwise utilize the beach and ocean for customary rights for subsistence, to practice their native Hawaiian religion and culture, secured by federal and state Constitution and law.

          Because AWSBH is a navigable waterway, was developed by the Army Corps of Engineers, is maintained in part with millions of dollars of federal funds  and the issues are federal questions, Federal court has jurisdiction.

          First, the public trust doctrine requires that certain natural resources and assets, including navigable waters, the water and submerged lands, be held in trust by the government for the benefit of the public. As a public trust asset, the AWSBH is subject to this doctrine and must be managed in a manner that preserves and enhances public access and use. 

          Termination of free public parking would directly limit native Hawaiian and the public's historic and as stated in its development plans, funding and construction, ability to access and use this asset, and therefore violates the public trust doctrine. 

          Second, the Ninth Circuit Court of Appeals has held that the public trust doctrine applies to navigable waters and adjacent lands, including public beaches and parking areas. In Hawaii's Thousand Friends v. Anderson, 374 F.3d 668 (9th Cir. 2004), the court affirmed that the public trust doctrine requires the State of Hawaii to manage its public trust resources in a manner that prioritizes public access and use, and prohibits the state from privatizing or otherwise transferring control over these resources to private parties.

          Third, the Hawaii Supreme Court has also recognized the importance of public access and use in managing public trust resources. In Diamond v. Dobbin, 319 P.3d 1017 (Haw. 2014), the court held that the State of Hawaii had violated the public trust doctrine by granting a private developer exclusive use of a public beach, thereby limiting public access and use. The court reaffirmed the public's right to access and use public trust resources and held that the state has a duty to manage these resources for the benefit of the public.

          Fourth, the State of Hawaii has a legal obligation to provide adequate public access and use of public trust assets under state and federal law. For example, under the Americans with Disabilities Act, the state is required to provide accessible parking spaces and other accommodations to ensure that individuals with disabilities have equal access to public facilities.

          Finally, Hawaiian rights are broadly defined in Article 12, Section 7 of the Hawaii Constitution, Hawaii Revised Statutes Section 1-1, and Hawaii Revised Statutes Section 7-1. These provisions commonly refer to the right of Hawaiians to exercise their traditional and customary rights for subsistence, cultural, and religious purposes, subject to the right of the State to regulate such rights.

          State’s rights to regulate have been narrowly defined by federal and state supreme court and lower court decisions.  In State Supreme Court’s 1995 decision in PASH v. Hawaii County Planning Commission, 79 Hawaii 425, 903 P.2nd 1246 (1995) cert. denied, 517 U.S. 1163 (1996); the Court stated: “[T]he State is obligated to protect the reasonable exercise of customarily and traditionally exercised rights of Hawaiians to the extent feasible.”

          Again in Ka Pa’akai O Ka Aina v. Land Use Commission, 94 Hawaii 31, 7 P.3rd 1068 (2000) set forth a 3 step process by which State agencies must evaluate and reasonably protect the native Hawaiian rights to access, traditional and customary rights for subsistence, cultural, and religious purposes; violated by DLNR in its decision making process.

          In the Waiahole Ditch Contested Case, the Courts confirmed that traditional and cultural native Hawaiian rights shall not be diminished or extinguished by a failure to apply for or to receive a permit.

          PASH, Kapa’akai, and Waiahole, require governmental entities to not only define the traditional and customary rights affected by any proposed action but also to render findings on the impacts and mitigation necessary to lessen the impact on the exercise of these rights by Hawaiians.

          The State of Hawaii cannot terminate ANY free public parking at the Ala Wai Small Boat Harbor without violating the public trust doctrine and various legal precedents that prioritize public access and use of public trust resources. Any attempt to restrict public access to and enjoyment of AWSBH would be contrary to the state's legal obligations and could end up in a federal court, confirmation and an award for (class action) Plaintiffs.

Sam Monet

 

 

Hawaii DLNR: Ed Underwood’s perverted parking plan aims at surfers and boaters at the Bowls parking lot in Waikiki
Hawaii DLNR: Ed Underwood’s perverted parking plan aims at surfers and boaters at the Bowls parking lot in Waikiki

The core of Hawaii's culture is dangerously at risk . . . we are not the mainland

The politics -- union and otherwise -- behind the likes of a sustained Underwood tenure in State of Hawaii offices are every reason why we had the devastating Lahaina disaster response

We at HON are still reeling from the news about Maui. We extend our deepest sympathies and condolences to the victims of this horrible disaster.  Katherine Lindell, editor

HON now has more than 18,000 subscribers (subscribe)

-opinion-

 

The DLNR's Ed Underwood is no stranger to perversion. The recent revelation that Mr. Underwood had been dallying with female co-workers in a State of Hawaii DLNR office is now common knowledge. But the sexual harassment/sexual abuse allegations lodged against him are really just the tip of the iceberg. Mr. Underwood has a long history of abuse and retaliation complaints coupled with disastrously terrible management skills that have all but brought down the state's public harbor system. The politics -- union and otherwise -- behind the likes of a sustained Underwood tenure in State of Hawaii offices are every reason why we had the devastating Lahaina disaster response with so much loss of life and property.

Underwood's latest antics now include an attempt to end-run the state's legislature and use his access to the DLNR board to pass rules that will cancel the the community that has made the iconic parking area at Bowls a decades-long meeting place.

This has nothing to do with generating revenue. Underwood has had a multitude of opportunities to demonstrate to Hawaii's taxpayers that he could generate positive cash flow  from the 14 state marinas that are under his control. Sadly, losses resulting from dozens upon dozens of chronically unleased slips and poorly thought through third-party contractor deals continue to pile up at taxpayer and boater expense.  

Now, in a last ditch effort to make himself appear fiscally responsible, he is proposing to take away the free parking stalls at Bowls, as if, magically, this will recoup the millions of lost dollars per year resulting from Underwood's beleaguered history of bungling and mismanagement.

An upcoming DLNR board hearing at 9:15 AM on this Thursday, November 9, 2023 (UPDATE: THIS HEARING HAS BEEN CANCELLED DUE TO SUNSHINE LAW VIOLATIONS), will ask for an approval to transform the above mentioned parking area into a pay-only-under-threat-of-tow parking lot. The effect will be immediate and disastrous as this is not just a parking lot, it  has been a local community meeting place for nearly 3/4 of a century.  To yank this out from under the surfers and boaters who come here daily is but another in a long list of DLNR in-your-face negative aggressions against the ocean recreation community. 

As we will see in the testimony reprinted below, the Public Trust Doctrine established by supreme court and lower court rulings over a period of decades specifically forbids transforming public access properties into what amounts to privatized money factories .

Native Hawaiian, sailor, and Bowls surfer regular, Sam Monet, says it best in his testimony (to be submitted this Thursday):

 

 

To: The Board of Land and Natural Resources
Re: J-7 Public Testimony at Oahu Land Board hearing November 9, 2023

Oppose DLNR plan to terminate “Free” parking at Ala Wai Small Boat Harbor and public beach

I am a native Hawaiian, surfer and sailor who has been surfing at Ala Moana, in the ahupua’a Waikiki for over 60 years.  I would like to testify at that meeting.

In March 2023 the Hawaii Legislature tabled a bill to convert the FREE Parking at Ala Wai Harbor to paid parking.  DLNR is now attempting an end run at the Land Board.

[The] AWSBH [Ala Wai Small Boat Harbor] has served as a hub for tourists, recreational boating and fishing, surfing, sailing and beach goers, a legal home for some to ease Hawaii’s homeless problem, and a popular spot for paddling, surfing competitions and Friday night fireworks.   

It is the last place in Waikiki where local people, our children and families can come to a beach in Waikiki where we can park FREE, Manuahi.

In addition, under this plan, local surfers will be forced to park at Ala Moana park where parking is FREE, they would then need to paddle across the Ala Wai canal and boat harbor entrance where a steady stream of commercial boats, canoes, private fishing and sail boats transit; water pollution and many recent shark sightings make that paddle extremely dangerous for parents and their kids.

In meeting at AWSBH in March 2023, State of Hawaii DLNR administrator, sexual predator Ed Underwood declared that “the public will no longer get 300 free parking at Ala Wai Small Boat Harbor (AWSBH); but instead will have to pay for approximately 150 stalls in his new “paid parking” plan, and “overflow must instead park outside the harbor at the city’s Ala Moana park”; because as he said “nothing is free”.

In addition, when questioned about the danger to surfers paddling across from the Park, Underwood callously stated, “that is not my problem”.

Native Hawaiian Dawn Chang should be ashamed for allowing her agency to manipulate this Board to do the wrong thing against the people of Hawaii.

[Public access to] 300 plus  FREE parking stalls  at AWSBH is a matter of law. The State of Hawaii is prohibited from terminating free public parking at the AWSBH under the public trust doctrine and various legal precedents.

In addition native Hawaiians who before the overthrow of the Hawaiian Monarchy in 1890s, traditionally, historically and currently parked “free” manuahi at AWSBH with access through what is now called Kahanamoku Lane to the beach and ocean to dive, fish, pick limu and opihi, surf, paddle canoe, sail and otherwise utilize the beach and ocean for customary rights for subsistence, to practice their native Hawaiian religion and culture, secured by federal and state Constitution and law.

Because AWSBH is a navigable waterway, was developed by the Army Corps of Engineers, is maintained in part with millions of dollars of federal funds  and the issues are federal questions, Federal court has jurisdiction.

First, the public trust doctrine requires that certain natural resources and assets, including navigable waters, the water and submerged lands, be held in trust by the government for the benefit of the public. As a public trust asset, the AWSBH is subject to this doctrine and must be managed in a manner that preserves and enhances public access and use. 

Termination of free public parking would directly limit native Hawaiian and the public's historic and as stated in its development plans, funding and construction, ability to access and use this asset, and therefore violates the public trust doctrine. 

Second, the Ninth Circuit Court of Appeals has held that the public trust doctrine applies to navigable waters and adjacent lands, including public beaches and parking areas. In Hawaii's Thousand Friends v. Anderson, 374 F.3d 668 (9th Cir. 2004), the court affirmed that the public trust doctrine requires the State of Hawaii to manage its public trust resources in a manner that prioritizes public access and use, and prohibits the state from privatizing or otherwise transferring control over these resources to private parties.

Third, the Hawaii Supreme Court has also recognized the importance of public access and use in managing public trust resources. In Diamond v. Dobbin, 319 P.3d 1017 (Haw. 2014), the court held that the State of Hawaii had violated the public trust doctrine by granting a private developer exclusive use of a public beach, thereby limiting public access and use. The court reaffirmed the public's right to access and use public trust resources and held that the state has a duty to manage these resources for the benefit of the public.

Fourth, the State of Hawaii has a legal obligation to provide adequate public access and use of public trust assets under state and federal law. For example, under the Americans with Disabilities Act, the state is required to provide accessible parking spaces and other accommodations to ensure that individuals with disabilities have equal access to public facilities.

Finally, Hawaiian rights are broadly defined in Article 12, Section 7 of the Hawaii Constitution, Hawaii Revised Statutes Section 1-1, and Hawaii Revised Statutes Section 7-1. These provisions commonly refer to the right of Hawaiians to exercise their traditional and customary rights for subsistence, cultural, and religious purposes, subject to the right of the State to regulate such rights.

 State’s rights to regulate have been narrowly defined by federal and state supreme court and lower court decisions.  In State Supreme Court’s 1995 decision in PASH v. Hawaii County Planning Commission, 79 Hawaii 425, 903 P.2nd 1246 (1995) cert. denied, 517 U.S. 1163 (1996); the Court stated: “[T]he State is obligated to protect the reasonable exercise of customarily and traditionally exercised rights of Hawaiians to the extent feasible.”

Again in Ka Pa’akai O Ka Aina v. Land Use Commission, 94 Hawaii 31, 7 P.3rd 1068 (2000) set forth a 3 step process by which State agencies must evaluate and reasonably protect the native Hawaiian rights to access, traditional and customary rights for subsistence, cultural, and religious purposes; violated by DLNR in its decision making process.

In the Waiahole Ditch Contested Case, the Courts confirmed that traditional and cultural native Hawaiian rights shall not be diminished or extinguished by a failure to apply for or to receive a permit.

PASH, Kapa’akai, and Waiahole, require governmental entities to not only define the traditional and customary rights affected by any proposed action but also to render findings on the impacts and mitigation necessary to lessen the impact on the exercise of these rights by Hawaiians.

The State of Hawaii cannot terminate ANY free public parking at the Ala Wai Small Boat Harbor without violating the public trust doctrine
and various legal precedents that prioritize public access and use of public trust resources. Any attempt to restrict public access to and enjoyment of AWSBH would be contrary to the state's legal obligations and could end up in a federal court, confirmation and an award for (class action) Plaintiffs.

Sam Monet
------------------------------------------------------------------------------------------------------------------------------------

Hawaii's public is strongly encouraged to attend this hearing and/or submit testimony:

(UPDATE: THIS HEARING HAS BEEN CANCELLED DUE TO SUNSHINE LAW VIOLATIONS)

The following has just been received from the Board of Land and Natural Resources:

Aloha,

Due to the Office of Information and Practices (OIP) interpretation of the agenda the meeting has been canceled.

I am very sorry for any inconvenience that has caused and will send out a notice when these items on the agenda will be rescheduled.

Mahalo for your patience and understanding as we work with OIP.

Darlene Ferreira

Secretary

Board of Land and Natural Resources

Department of Land and Natural Resources

Office: 808.587.0404

Cell:  808.291.1197

Email: Darlene.S.Ferreira@Hawaii.gov

BLNR.Testimony@hawaii.gov

https://www.mauinuistrong.info/

 

 

DATE: Thursday, November 9, 2023 (CANCELLED!)
TIME: 9:15 AM
LOCATION: In person at the DLNR Boardroom, Kalanimoku
Building, 1151 Punchbowl St., Room 132,
(& online via ZOOM, livestream via YouTube) see below links

Agenda item: J-7

 

 

From the DLNR agenda web page:

DAWN N.S. CHANG
DLNR CHAIRPERSON

These are the board members, by name, who will be voting on this measure:

  • Dawn N. S. Chang, Chairperson, term: 1/1/2023 – 12/31/2026.
  • Riley Smith, Hawai'i Island Member, term: 7/1/2022 – 6/30/2026.
  • Doreen Nāpua Canto, Maui Nui Member, term: 7/1/2021 – 6/30/2025.
  • Karen Ono, Kaua'i Member, term: 7/1/2020 – 6/30/2024 (began service 5/1/2022)

This public meeting will be held using interactive conference technology in accordance with section 92-
3.7, Haw. Rev. Stat. (HRS).

Board members, staff, applicants, testifiers, and the public can choose to
participate in person, online via Zoom, or by telephone.

 

Meeting materials are available for public review in advance of the meeting at:
http://www.dlnr.hawaii.gov/meetings

The meeting will be livestreamed at:
http://youtube.com/c/boardoflandandnaturalresourcesdlnr

 

To Provide Written Testimony:
Interested persons can submit written testimony in advance of each meeting that will be distributed to Board Members prior to the meeting. Submit written testimony to blnr.testimony@hawaii.gov or via postal mail to the Board of Land and Natural Resources at P.O. Box 621, Honolulu, Hawaii 96809. We request written testimony be submitted no later than 24 hours prior to the meeting to ensure time for Board Member review.

Late written testimony will be retained as part of the record and distributed to Board Members as soon as practicable, but we cannot ensure that Board Members will receive it with sufficient time for review prior to decision-making.

To provide in-person testimony (Masks are encouraged):

Attend live at 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii.

(Note: Testimony may be limited)

To provide oral testimony by telephone: : +1 669 444-9171; Meeting ID: 893 0710 9294
Note: To unmute, press *6. Note: All phone in and day of requests depends on whether they can be accommodated in sufficient time before the item has been addressed by the Board; kindly note that due to meeting constraints only timely testimony can be addressed.

The Board may go into Executive Session pursuant to section 92-5(a)(4), HRS, in order to consult with its attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities.

If you need an auxiliary aid/service or other accommodation due to a disability, please contact Darlene, BLNR Secretary, at 808.587.0404 or blnr.testimony@hawaii.gov as soon as possible. Requests made as early as possible have a greater likelihood of being fulfilled. Upon request, this agenda and other materials are available in alternate/accessible formats.

In some of the matters before the Board, a person may wish to request a contested case hearing. If such a request is made before the Board's decision, then the Board will consider the request first - before considering the merits of the item before it.

A person who wants a contested case may also wait until the Board decides the issue, then request the contested case after the decision. It is up to you. Any request must be made in writing within ten days. If no request for contested case is made, the Board will make a decision. The Department will treat the decision as final and proceed accordingly.

 

The Maui fires were not lit on purpose, there was no death ray from outer space, and the real culprit is . . . us
The Maui fires were not lit on purpose, there was no death ray from outer space, and the real culprit is . . . us

What will happen to Maui has already been pre-determined: planned opportunism guaranteed by ongoing and deadly infrastruture incompetence and corruption

We at HON are still reeling from the news about Maui. We extend our deepest sympathies and condolences to the victims of this horrible disaster.  Katherine Lindell, editor

HON now has more than 18,000 subscribers (subscribe)

-opinion-

 

The perfect storm

When Maui began experiencing 60 to 70 mph wind gusts as a result of the pressure gradient drop between the hurricane to the south and the high pressure above Hawaii, the stage was set, everything was in place, a mere spark would ignite a perfect storm . . . and the perfect opportunity.

At that point, all of Hawaii's foundational bureaucratic incompetence and corruption, corporate greed, and public gullibility and apathy finally resulted in the loss of human life, much human suffering, loss of livelihoods and an entire community.

At the very moment of the deadly flashpoint, the corporate players waiting in the wings had only to sit back and watch the inevitable unfold, as Lahaina's properties disintegrated and the suffering began.

 

It is difficult to believe that someone deliberately set fire to Lahaina

There was no death ray from outer space and it is difficult to believe that someone deliberately set fire to Lahaina. Instead, and far worse, there was a general knowing in the wealthy predator corporate community, among government players and bureaucrats, and also among the people of Maui (and Hawaii) that our bureaucratic infrastructure has been so incompetent and corrupt for decades that if ever a perfect storm like this were to come along, there would most definitely be a deadly catastrophe . . . and a subsequent opportunistic land grab.

Hawaii Ocean News has been warning about this ticking time bomb for years . . . that our government and its bureaucracy has been so dangerously incompetent that there had to be severe consequences at some point.

 

Historical precedent predicted this long ago

The history of the management of the public's harbor system here in Hawaii has been the canary in the mine. The in-your-face corrupt collaboration with multinational big money to steal publicly owned harbors with the blessing of people like Hawaii's Senator Sharon Moriwaki and her sexual predator accomplice, the DLNR's Ed Underwood, was on full display. This was the very same Ed Underwood who has been pushing hard, for over a decade, for the privatization of publicly owned properties.

So, it's finally happened. There was no water available when Maui firemen tried to use the fire hydrants. The hiring of police chief Pelletier was, first and foremost, illegal, and second, was indeed rather strange. The idea that the state of Hawaii, under Josh Green, had been seriously contemplating turning Lahaina into a "smart city" without input from the people of Maui and that there were plans in the works to "modernize" Lahaina, without input from the people of Lahaina -- long before the fire -- should have been red flags. All of this and much more suggests that there was something in the works behind the scenes -- as there always is -- partially hidden and without input from the people of Hawaii.

 

The players were patiently waiting for the inevitable

Larry Fink's Blackrock was already in Maui, and when the city of Lahaina was on fire they quickly came forward and announced that they would be "helping out".

The real estate agents stationed on Maui -- and no doubt with connections to the big players waiting in the wings -- we're poised and ready to make those phone calls to the victims who lost their properties, ready to offer them pennies on the dollar for their now incinerated homes.

Everything was already in place, the stage was set, the opportunity presented itself and the vultures swooped in when the predictable happened.

 

There was no high energy weapon from outer space; there was no need for one

There was no high energy weapon from outer space. There was no "deliberate" neglect of HECO's first fire, which very likely morphed into the second deadly fire. The police blocked escape routes because they were told to do that by a police chief already fingered as suspicious for his incompetent handling of the Nevada mass shooting atrocity. The fire department was seemingly unprepared for a firestorm of this magnitude, and our expensive early warning system was silenced . . . by ignorance.

 

But it's not them . . . it's us

But it's not them . . . it's us. We are the victims of our own apathy. We are the victims of our own gullibility thinking that somehow everything would be okay when a major crisis finally arrived, even though we knew full well that our bureaucratic infrastructure was completely and dangerously incompetent and corrupt, that there were very serious big money players waiting in the background for exactly this kind of disaster to happen, and that there were plans in full view to make transformations to our community that the people of Hawaii would never agree to, assuming they were even allowed to participate in the planning process to begin with.

We, the people of Hawaii, need to take responsibility for the selection of pono leadership, the assurance that all planning going forward is with our hand, and that the greed of wealthy interests is put in its place.

We need to stop pointing fingers. It should have been blatantly obvious during the so-called pandemic that our hideous infrastructure had become so dysfunctional and incompetent as to be downright dangerous to the people of Hawaii.

Our finger-pointing, our confused response to this disaster, is exactly what the players were hoping would happen -- they feed on it. Confusion and disagreement among the victims is exactly the smokescreen that they had hoped for. As one onlooker was heard to say: "Wake the f*** up Hawaii . . . wake the f*** up."

 

This will not be the last atrocity

And so now we've suffered the ultimate consequence . . . but not the last one. There will be more because Hawaii's properties are priceless and the vultures, people like Larry Fink's Blackrock, Oprah Winfrey, Mark Zuckerberg, Larry Ellison, Chris Nassetta's Hilton [Hawaiian] Corporation, and David O'Reilly's Howard Hughs Corporation, among other wealthy pretenders and big money interests, want to gobble up large swaths of Hawaii's sacred properties and will try again, and again and again. They will not stop until they get it all.

The Lahaina fire was a call-to-action for every single kamaaina in the Hawaiian islands. We can only hope that the Maui fires will be the last straw: with our backs against the wall, the people of Hawaii will wake up and Hawaii's dangerously incompetent and corrupt bureaucracy and their wealthy puppeteers will be tossed out of our island home . . . hopefully forever.

 

Our bought-and-paid-for mainstream media presents a curated half-story

Do your research . . . you can't afford not to. Our bought-and-paid-for mainstream media will, by design, not -- and will never -- provide you with the information you need to know to make informed decisions.

 

References:

"Why Josh Green for Governor is a Terrible Idea" (https://hawaiioceannews.com/index.php/2022/07/25/josh-green-is-a-horrible-choice-for-governor/), written by Hawaii Ocean news staff member Marty Holm, July 25th, 2022, attempted to warn the people of Hawaii about just how dangerous it is to not pay attention to our leadership choices.

On July 5, 20 Hawaii Ocean news editor Katherine Lindell's article "Hawaii residents suffering from past/present leadership failures, and it’s just turned dangerous" (https://hawaiioceannews.com/index.php/2020/07/05/its-all-catching-up-to-hawaii-residents/) attempted to sound the alarm: the state's bureaucracy had become toxic and dangerous.

In a horrible breach of public trust senator Sharon Moriwaki's SB795 (2021) not only violated the state's constitution, it was based on a wholly fraudulent premise. 795 passed unanimously despite the illegalities. It was at that point that we knew that lawmakers had absolutely zero respect for the people of Hawaii or the laws of this state.
("795 Paradise Lost" https://m.youtube.com/watch?v=LAFrMsPhRBQ)

 

MAUI DISASTER! Shock, Tears and Aloha . . . Grassroots Response Instantaneous!
MAUI DISASTER!  Shock, Tears and Aloha  . . . Grassroots Response Instantaneous!

Within 24 hours, thousands of pounds of supplies collected and assembled for delivery to victims on Maui

An appeal to all grassroots Hawaii for help . . . we are ohana; government disaster response may take a while

We at HON are still reeling from the news about Maui. We extend our deepest sympathies and condolences to the victims of this horrible disaster.  Katherine Lindell, editor

 

 

 


A
s of this writing, 56 have died. Probable cause of fire: downed HECO power lines on tinder-dry grass combined with extremely high wind conditions.

Our beautiful Lahaina is gone. Our ties run deep . . . we've not been able to process this nightmare.

Our community is strong . . . we are like ohana when this kind of thing happens. In less than 24 hours of the news breaking about the Lahaina fires, thousands of pounds of relief aid has been collected, stacked on pallets and put on a ship bound for Maui. Less than 24 hours. And there is every indication that the groundswell of grassroots volunteers and relief has just begun.

The purpose of this post is to appeal to every single person in our community to reach out to those in Maui who need our help. Below we have posted some of the activities that have already taken place, and will be taking place shortly. Please contact us as more come on line.  We appeal to each and every one of you to please help in whatever way you can. The rebuilding process will take months if not years.

Watch out for scams, especially those involving money. Be extremely careful about who you are donating money to. Unfortunately there are those few pilau among us who would try to take advantage of this kind of tragedy.

Relief activities and announcements:

 

Pier One Relief Drop Off (P&R Water Taxi): August 10, 2023

 

Ka'ohao's appeal for supplies donation, August 10, 2023

 

Grassroots at its best . . . The team at "Mulan" donate $10,000 to Maui Relief

The team at "Mulan", a superyacht based out of Kewalo Basin harbor, have donated $10,000 to Maui disaster relief, and Mulan's captain, captain Trevor Hinkey, together with friends and family, have donated an additional $1500. Captain Hinkey has also been extremely active as a volunteer providing services since the news of the disaster first surfaced. Hinkey's family home was completely destroyed in a wildfire that tore through his childhood community in Colorado.

 

Here's what we know so far:

The Hawaii Yacht will be sponsoring a BBQ for those wanting to pitch in and contribute/volunteer to/for the Maui relief effort. That will take place on Sunday, August 13, 2023, 12pm - 4pm, at the Hawaii Yacht Club.  Give some thought to the kind of donations that you will bring.

There is also a GoFundMe drive to raise money for victims. Please check with organizer/s before donating to learn more about exactly how they will utilize these funds.  GoFundMe link: https://www.gofundme.com/f/lahaina-aid-fund-by-hyc?utm_campaign=p_cp+share-sheet&utm_medium=copy_link_all&utm_source=customer

We are waiting for a response from the organizer, Zane Aguon, regarding details about this GoFundMe effort, and update with his response right here as soon as we hear back.

 

The Hawaii Community Foundation is soliciting donations (hawaiicommunityfoundation.org/maui-strong):

The Salvation Army - Hawaiian and Pacific Islands Division, has already been on the ground helping in Maui.  Please help them with donations at: https://hawaii.salvationarmy.org/

Maui Rapid Response effort has a huge presence on Instagram. Please have a look at their site to see how you can help out: https://www.instagram.com/mauirapidresponse/

Maui Fire Relief Fund by Aloha United Way: https://www.auw.org/

Maui Food Bank: "Maui, we stand with you during this emergency. Our hardworking staff is on the ground, making sure those affected get the help they need." Please make a donation here: https://mauifoodbank.org/

Maui County: Maui County officials  have also called for (https://www.mauicounty.gov/CivicAlerts.aspx?aid=12656&utm) nonperishable food, bottled water, hygiene items and blanket donations. Donations can be dropped off at Mai's War Memorial Complex from 8 a.m. through 6 p.m. on Thursday.

Council for Native Hawaiian Advancement: The CNHA has partnered with Native Hawaiian and community organizations and business to match up to $1,000,000 in donations for 'ohana impacted by the devastating wildfires on Maui.

World Central Kitchen: Founded by chef Jose Andres, this nonprofit provides meals in the wake of natural disasters . . . click here to learn more and donate.

American Savings Bank: To help bring critical relief to the Maui community, ASB is partnering with the Hawaii Bankers Association to launch the Aloha for Maui campaign. Cash and check donations are being accepted at all ASB branches statewide. All donations will be given to the Maui Strong Fund.