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April 2007 - The head of the State
of Hawaii Department of Land and Natural Resources, DLNR, has
proposed a 45 day public review process for all permits to
conduct activities in the Northwestern Hawaiian Islands Marine
National Monument.
Chair of the Hawaii Department of Land and Natural Resources
Peter Young
In a letter to the state's Office of Information Practices,
DLNR Chair Peter Young has requested assistance to help him
assure "the greatest possible transparency and openness in the
issuance of permits" for activities in monument waters.
Environmental groups as well as some fishing and Native
Hawaiian groups are delighted with the move that they say is
an attempt to bring an irregular permitting process shrouded
in secrecy into the light of public scrutiny.
"This is wonderful news!" said Dr. Stephanie Fried, a senior
scientist with Environmental Defense who is based
in Honolulu.
"The Northwestern Hawaiian Islands permitting process has been
shrouded in secrecy and backroom deals between federal
authorities for decades. Until Peter Young took charge, there
was a total absence of sunshine or public input on these
permits."
"We warmly welcome Chairman Young's efforts to lift the veil
of secrecy from the DLNR," said hula teacher Vicky Holt
Takamine, of the 'Ilio'ulaokalani Coalition, a native Hawaiian
organization.
"Our cultural resources must be protected and openness and
transparency are at the core of these efforts," Takamine said.
"It is of the utmost importance that decision-making about
activities there is transparent, with full opportunity for
communities to comment."
Reef fish in the Northwestern Hawaiian Islands
Since it was proclaimed by President George W. Bush in June
2006, the new monument has been cooperatively managed by three
co-trustees - the Commerce Department's National Oceanic and
Atmospheric Administration, the Department of the Interior's
U.S. Fish and Wildlife Service, and the State of Hawaii. The
DLNR is the state's lead management agency for the monument.
Permits are required for research, education, conservation and
management, native Hawaiian practices and non-extractive
special ocean uses. The commercial and recreational harvest of
precious coral, crustaceans and coral reef species is
prohibited in monument waters and commercial fishing will be
phased out over a five-year period from last June. Oil, gas
and mineral exploration and extraction are not allowed.
In 2005, Young environment newsured that language requiring public input
was part of the rules governing the state's Northwestern
Hawaiian Islands refuge. The refuge covers state waters three
miles out from the shores of the 10 islands and atolls in the
1,400 mile long island chain.
The monument covers the nearly 140,000 square miles of federal
waters, the Hawaiian Island Reservation established by
President Theodore Roosevelt in 1909, the Hawaiian Islands
National Wildlife Refuge, and the Midway Atoll National
Wildlife Refuge.
The two federal co-trustee agencies have never provided an
opportunity for public input on Northwestern Hawaiian Islands
permits.
Marti Townsend of KAHEA-the Hawaiian-Environmental Alliance
said, "We greatly appreciate Peter Young's commitment to
release the maximum amount of material possible to the public,
including so-called 'pre-decisional' documents and full
comments of state permit reviewers. It is only with the
release of this material that public scrutiny will be able to
help DLNR enforce the 'do no harm' standard now required by
state law."
In a background document provided to environment news, environmental groups
say they are concerned that permits were issued in what they
call "a piecemeal manner" throughout 2006 for 340 people for
380 activities in the monument.
Only one permit was made public during the 2006 season, the
groups complain. Staff at the DLNR's Division of Aquatic
Resources "refused to release the other 24 permits until a
complaint was filed with the Office of Information Practices."
Researchers aboard the NOAA research vessel Hi'ialakai allowed
a wet lab aboard to become a "bacterial cesspool" according to
a report by a NOAA scientist obtained by environment news and circulated to
the Board of Land and Natural Resources, a state agency.
The NOAA research vessel Hi'ialakai heads out of Honolulu for
the Northwestern Hawaiian Islands Marine National Monument.
The groups object that there has been "no real-time or
post-season assessment of impacts" of permittees or of
cumulative impacts of combined activities over the 2006 season
reported to state or federal authorities.
In addition, they say there is a "significant increase" in the
number of permit applications to 36 for 2007.
"In my lifetime I have witnessed severe declines in fish
populations and the health of coral reefs, and decades of
ineffective attempts by the DLNR to enact and enforce the
necessary laws, regulations needed to protect and restore our
marine environment," said Dave Raney, a Sierra Club volunteer.
"Under Peter Young's leadership, however, the DLNR has at last
begun to tackle long-standing, and contentious issues. He has
shown vision, courage and personal convictions in the face of
strong, misguided, and intimidating opposition," said Raney.
But not everyone is a fan of Young's attempt to enable a
public review process. Young is up for a re-confirmation
hearing on April 11 before the state Senate Committee on
Water, Land, Agriculture and Hawaiian Affairs, and a petition
is being circulated asking that his confirmation be denied.
The petition, which has attracted some 7,000 signatures, will
be submitted to the committee, and signatories are being asked
to testify against Young at the hearing. Some of those who
signed the petition are fishermen who object to the no
commercial fishing policy in the Northwestern Hawaiian Islands
Marine National Monument.
Kitty Simons, head of the Western Pacific Regional Fishery
Management Council, a federal advisory body, says she supports
a protected area in the Northwestern Hawaiian Islands, but
does not believe that commercial fishing should be excluded.
Young's supporters will also be out in force at the
re-confirmation hearing.
A poll conducted by the Ocean Conservancy published July 18,
2006, found that 70 percent of the 2,014 people polled said
they supported the establishment of a monument which is closed
to commercial fishing. Only six percent were opposed.
The no-fishing rules were established after over 30 federal
and state hearings and more than 100 public meetings that
produced some 114,000 written pieces of testimony in support
of the strongest possible protections for the Northwestern
Hawaiian Islands.
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