HAWAII SEA TURTLES REMAIN PROTECTED UNDER
STATE AND FEDERAL LAWS

HONOLULU – The Department of Land and Natural Resources (DLNR), the U. S. Fish and Wildlife Service (USFWS), and NOAA Fisheries remind the community that sea turtles remain protected under State and Federal laws.  In Hawai‘i, sea turtles are protected by the Hawai‘i Revised Statutes (Chapter 195D) and Hawai‘i Administrative Rules (13-124).  Although Federal and State wildlife conservation laws differ in some respects, all prohibit actions that can harm, injure, kill, or otherwise disturb sea turtles without a permit.

The two types of sea turtles most frequently observed in Hawai‘i nearshore waters are the green and hawksbill sea turtle.  The green sea turtle (Chelonia mydas) is listed as threatened and the hawksbill sea turtle (Eretmochelys imbricata) is listed as endangered under the Endangered Species Act (ESA).  Three other listed species – loggerhead, leatherback, and olive ridley sea turtles – generally inhabit offshore environments in the region and are very rarely seen in Hawai‘i’s coastal waters.  

“We want to remind the community that all sea turtles are still protected, and that both State and Federal consequences apply to anyone harming a green sea turtle,” said DLNR Chairperson William J. Aila, Jr.  The public is urged to act responsibly and not attempt to touch, disturb, feed, pursue, ride, harass, harm, or otherwise injure these animals.  

On February 16, 2012, NOAA Fisheries and the U.S. Fish and Wildlife Service (jointly referred to as the Services) received a petition to classify the Hawai‘i population of green sea turtle as a Distinct Population Segment (DPS) and evaluate that population for de-listing under the ESA.  The contents of this petition are currently being reviewed to determine if the petition warrants further consideration.  If so, a scientific review of the status of the species will be initiated.  

While any person or organization may submit a petition to list or de-list a species, this action alone does not affect the legal status of that species.  If the Services propose any changes to the listing status of green sea turtles in the future, public comments will be requested and considered before any final decisions about de-listing are made.  

“Even though a petition for de-listing was filed, green sea turtles in Hawai‘i remain protected under State and Federal laws,” said Aila.  

Sea turtles across the U.S. face threats including, but not limited to, illegal harvest, destruction and alteration of nesting and feeding  areas, incidental capture in commercial and recreational fisheries, entanglement in and ingestion of marine debris, disease, vessel strikes, and climate change.  To effectively address all threats to sea turtles, the Services have developed recovery plans to direct research and management efforts for each sea turtle species.  In Hawai‘i, on-going sea turtle recovery activities include efforts to reduce and eliminate direct harvest of, and interactions with, sea turtles in nearshore and commercial fisheries; eliminate the threat of fibropapilloma (a tumor disease that can be harmful to sea turtles); protect important nesting and feeding areas; and reduce impacts from boat strikes, disturbance, and marine debris.  

To report a sea turtle in distress, please call (808) 983-5730 or visit NOAA’s sea turtle stranding website at: http://www.pifsc.noaa.gov/psd/mtrp/turtle_contact.php <http://www.pifsc.noaa.gov/psd/mtrp/turtle_contact.php>

For more information on the DLNR visit www.hawaii.gov/dlnr <http://www.hawaii.gov/dlnr>
For more information on NOAA visit http://www.fpir.noaa.gov/ <http://www.fpir.noaa.gov/>
For more information on the USFWS visit http://www.fws.gov/pacificislands/teslist.html <http://www.fws.gov/pacificislands/teslist.html>

The green alga Ulva fasciata covers the ocean floor offshore of Kahekili Beach, Maui, 2004. (Photo by Jennifer Smith courtesy Earthjustice)

From ENS Newswire

Four Hawaii community groups recently filed suit under the national Clean Water Act, asking the federal district court to direct Maui County to secure a National Pollutant Discharge Elimination System permit that would set limits on the pollutants that can be discharged from injection wells at the Lahaina Wastewater Reclamation Facility.

Earthjustice filed the complaint last month on behalf of Hawaii Wildlife Fund, Surfrider Foundation, West Maui Preservation Association and Sierra Club-Maui Group.

The action follows years of unsuccessful efforts to resolve the issue out of court, the groups reported.

County Communications Director Rod Antone said the administration cannot comment on pending legal issues.

Each day, millions of gallons of treated wastewater are sent into the ground through injection wells at the Honokowai facility.

The groups contend that the wastewater contains pollutants like nitrogen and phosphorous, bacteria and other pathogens in violation of the federal Safe Drinking Water Act.

They believe the treated wastewater surfaces in the ocean makai of the plant, killing the coral reef and triggering outbreaks of invasive algae.

“We notified Maui County last June that its Lahaina facility was damaging the reef and operating illegally in hope that the county would voluntarily seek the required permit for wastewater discharges from the injection wells,” said Earthjustice attorney Caroline Ishida.

“Unfortunately, it apparently takes an enforcement action to get the county to do anything, which is why we’re now seeking relief from the court.”

Maui County has been discharging partially treated sewage into injection wells at the West Side plant for 30 years. Currently, three to five million gallons are sent down the wells each day.

In August 2011, the U.S. Environmental Protection Agency announced that it determined that the wastewater discharged into the underground injection wells at the Lahaina Wastewater Reclamation Facility contains levels of coliform bacteria that could exceed federal standards protecting the drinking water aquifer.

EPA issued a compliance order requiring Maui County to monitor its injected effluent, improve disinfection of the treated wastewater within 30 days and install and operate an approved non-chlorine disinfection system by Dec. 31, 2013.

After December 2013, the injected wastewater may not exceed the R-1 level for fecal coliform. (R1 is the highest quality of reclaimed water specified in Hawaii State Regulations.)

Dean Higuchi, EPA’s Hawaii-Pacific press officer, said a tracer study at the plant is underway, and “the county is meeting the requirements of complying with our consent order for disinfection at the Lahaina facility.”

“While disinfection is a step in the right direction, it won’t remove nitrogen and phosphorous from the wastewater, so it won’t get rid of the harmful algae growth at Kahekili (Beach),” said Hannah Bernard of the Hawaii Wildlife Fund.

“Algae smother the coral and upset the ecosystem, because fish and other marine animals depend on the reef for food and need the crevices within the reef for shelter.”

According to the community groups, researchers from the University of Hawaii (U.H.) analyzed the specific type of nitrogen found in the algae growing in the waters offshore of Kahekili Beach and were able to positively identify it as the same type of nitrogen being pumped into the injection wells.

The ongoing tracer dye study conducted by EPA and U.H. scientists has further confirmed the connection between the wells and the ocean, the groups contend, and that pollutants injected into the wells make their way into the nearshore waters of Kahekili Beach Park via freshwater seeps.

“Algae growth and infectious diseases aren’t the only problems the injection wells cause,” explained Tim Lara, chair of Surfrider Foundation-Maui Chapter.

“Studies have shown that chemicals like pharmaceuticals and fire retardants also travel from the injection wells into nearshore waters, posing additional threats to the delicate ecosystem and to local residents and tourists swimming and surfing at Kahekili Beach.”

Lance D. Collins of the West Maui Preservation Association commented, “The Lahaina wastewater facility must cease using the public nearshore waters to dispose of its waste. In the face of the scientific evidence, continuing to pretend the injected effluent magically disappears is no longer acceptable.”

Chris Taylor of Sierra Club-Maui Group added, “The county should be treating and reusing the millions of gallons of wastewater for irrigation at resorts, golf courses and other areas of West Maui, not dumping it onto the reef. Reusing the water would not only save the reef but also address West Maui’s increasingly severe water shortages.”

From Civil Beat

The Legislature’s recent approval of the undersea cable bill earlier this month is generating added interest in projects seeking to bring energy from neighbor islands to Oahu…

Read more

MEETING SCHEDULE:
MAY 21 & 22: 9am – 5pm. Public testimony will only be heard on MAY 21st.
MAY 29 & 30: tentative date
JUNE 4 & 5: tentative date

More details to follow after the agenda is posted on the County website at http://www.co.maui.hi.us/Archive.aspx?AMID=201http://www.co.maui.hi.us/Archive.aspx?AMID=201

From the Maui News

Sugar production at Hawaiian Commercial & Sugar Co. on Maui was off significantly in the first quarter of this year compared to same quarter last year, but profits rose 35 percent in the company’s agribusiness sector, according to Alexander & Baldwin’s first-quarter report released Wednesday.

Only 1,900 tons of sugar were produced in the first quarter, compared to 6,700 tons in the same period last year. But profits reported were $3.5 million for the quarter, compared to $2.6 million in the first quarter of last year.

“The improvement (in profits) was due principally to a $1 million improvement in operating margins due to higher power and lease revenue and lower operating expenses from the sale of the coffee operations in the first quarter of 2011,” an A&B news release said…

Read more

Sugar production at Hawaiian Commercial & Sugar Co. on Maui was off significantly in the first quarter of this year compared to same quarter last year, but profits rose 35 percent in the company’s agribusiness sector, according to Alexander & Baldwin’s first-quarter report released Wednesday.

Only 1,900 tons of sugar were produced in the first quarter, compared to 6,700 tons in the same period last year. But profits reported were $3.5 million for the quarter, compared to $2.6 million in the first quarter of last year.

“The improvement (in profits) was due principally to a $1 million improvement in operating margins due to higher power and lease revenue and lower operating expenses from the sale of the coffee operations in the first quarter of 2011,” an A&B news release said…

By Sonia Isotov of Maui Now

An assessment of coastal change over the past century has found 70% of beaches on the islands of Kauaʻi, Oʻahu, and Maui are undergoing long-term erosion, according to a US Geological Survey (USGS) and University of Hawaiʻi (UH) report released today.

Of the three islands, Maui beaches experienced the highest rates and greatest extent of beach erosion with 85% of beaches eroding…

…“These data have allowed State and County agencies in Hawaiʻi to account for shoreline change as early as possible in the planning and development process so that coastal communities and public infrastructure can be sited safely away from erosion hazards areas,” said William J. Aila Jr., the chairperson of the Hawaii State Department of Land and Natural Resources.

“This will vastly improve upon public safety and will ensure that Hawaii’s beautiful beaches will be protected from inappropriate shoreline development.”

Read the rest of the article at Maui Now

More photos on the Maui TV site

TOP “BAIT & SWITCH” PROJECT IN NORTH KIHEI

A Southern California developer plans to convert 68 acres mauka of Pi’ilani Highway at the intersection with Kaonoulu Street into two Mega Malls, described by the developer as soon-to-be the largest outlet malls in the state of Hawaii, exceeding 700,000 square feet of retail space coupled with acres of asphalt parking lots. When zoning changes for this parcel were approved in the mid-1990s it was for a light industrial complex and only in the last two years has the project changed to this large retail development. At the very least a new traffic study needs to be done and the project’s frontage road, a condition of zoning from the State Land Use Commission, must be included in the plan.

The County of Maui currently supports these Malls even though

• The traffic study was done 18 years ago, and for a different use.

• The Malls will, according to the developer’s own words, be situated at “the largest intersection on the Island.” Traffic on Pi’ilani Highway will be severely affected.

• These retail centers do not comply with the Kihei-Wailea Community Plan nor do they comply with the parcel’s M-1 light industrial zoning, which requires mostly light industrial use rather than commercial/retail.

• The Malls represent significant hardscape above a part of Kihei that is prone to severe flooding.

• The public have not been given an opportunity to be heard on the matter and the developer has refused to discuss the Malls with the community

• The Malls don’t comply with lawful conditions imposed on the site by the State Land Use Commission.

• The Malls are out of scale with Kihei and represent more unwanted sprawl.

• There are no plans to make the Malls walkable or bikeable or to connect them with other uses mauka of the highway, including the proposed Kihei High School.

TAKE A STAND FOR OUR COMMUNITY! DEMAND ENFORCEMENT OF OUR COMMUNITY PLAN AND OUR RIGHT TO A LIVABLE COMMUNITY.

CLICK HERE TO MAKE A TAX DEDUCTIBLE CONTRIBUTION TO MAUI TOMORROW’S PIILANI PROMENADE LEGAL FUND TO ENSURE THAT THIS PROJECT UNDERGOES THE FULL LEGAL PROCESS.  (Please indicate “Kihei Megamalls Legal Fund” in “Designation” box to insure your donation goes to this cause.)

 See the developer’s proposal

Pau Hana Talk Story with Pupu

Friday, May 11, 5:30 – 7:30
NOAA Marine Sanctuary Educational Center
726 S. Kihei Rd

Sponsored by Maui Nui Marine Resource Council, Maui Tomorrow and National Marine Sanctuary

South Maui may have escaped floods this rainy season but the problem can come again and again

What happens when more lands are developed?

Do our natural gulches need help?

Can storm water be put to good use?

You are the expert from your neighborhood – it’s time to hear from you!

Please bring your ideas to a fun, interactive community talk story session

Pupu and beverages provided by Maui Tomorrow

GBCI (LEED) and AIA continuing education credits are now available for all classes. 

•  “Learning to S.E.E. (Sell Efficiency Effectively)^TM” – covers financial metrics, presentation formats and selling approaches that help get viable energy-saving projects approved. Credits Available: 6.0 GBCI CE (LEED) / 6.0 AIA HSW/SD
• “Energy Efficiency’s Role in Your Sustainability Agenda” – offers new perspectives on why energy efficiency should be a top priority for any organization that values “green” attributes. Credits Available: 6.0 GBCI CE (LEED); 6.0 AIA HSW/SD
• “Financial Analysis of Energy Efficiency Projects” – covers several approaches to calculating a project’s returns, the pros and cons of various financial metrics, and how to generate compelling capital budgeting requests. Credits Available: 6.0 GBCI CE (LEED); 6.0 AIA HSW/SD
• “Benchmarking Your Commercial Building and What’s Next” – demonstrates how important and easy it is to gauge your current energy performance, set targets for improvement, and track your progress toward those goals. Architects and Professional Engineers will also gain an understanding of their role and responsibility as ENERGY STAR Label certifiers. Credits Available: 6.0 GBCI CE (LEED); 6.0 AIA HSW/SD

Register here.

WHO SHOULD ATTEND?

Architects, engineers, lighting and interior designers, electrical contractors, facility managers, building owners, efficiency products dealers and distributors, energy efficiency specialists, and anyone whose success depends on the successful advocacy of efficiency projects.

Cost
$35 per workshop, which includes breakfast and lunch. Hawaii Energy is subsidizing the cost of these workshops for residents of Hawaii, Honolulu and Maui counties. (note: others outside of these counties pay the unsubsidized fee of $495).

To Register: Visit our registration site for more information on the series, or click here to register. Questions? Please send an email to info@eefg.com or call 808-421-8639.

The workshops will be presented by:      

Mark Jewell

President, EEFG, Inc.
Founder of RealWinWin, Inc.

From the Maui News

Fderal and state agencies are ending a decadeslong project that would have expanded Maalaea Small Boat Harbor, citing costs as well as opposition from community groups that maintained that the proposals would fail to protect the harbor from surges while destroying acres of coral and affecting the “Freight Train” surf break….

Read the rest of the article

HB2523_HD1_ - Sets up PUC regulatory framework for a planned interisland electric cable. Senate accepted House version and it passed.  Passed.  See Maui News article for more – especially the reservations our Maui County Senators expressed about this bill and their attempts to rewrite it to include more community input.

Sen English was the only Maui County Senator to vote “Aye with Reservations”.  “
Explanation of what “Aye with Reservations” means:
Aye with Reservations” is a vote that is used when a legislator knows there are enough Ayes to pass a  measure but wants to stay a part of the committee that reconciles the Senate and House versions.  A “no” vote means that the Senator cannot be a part of the reconciliation process and thus loses all ability to influence the final bill, which can be substantially changed during reconciliation.  So strategy-wise a legislator will vote “no” when s/he knows there are enough “no” votes to kill a measure but will vote “aye with reservations” when s/he has no chance of killing the measure but wants to keep fighting.

SB755 - Exempting some government projects from the EIS, SMA etc process.  This bill died for lack of reconciliation between the Senate and House versions (an example of how the “aye with reservations” keeps legislators on the reconciliation committee to affect the final disposition of a bill when differing versions have been passed  by the House and Senate)

SB 2927 (SD1) Establishes planning districts and creates a process for developers to apply for residential and commercial exceptional planning projects (by bypassing normal planning requirements).  Died in conference.

SB 3010 Exempts DOT from environmental reviews in rebuilding 11 bridges.  Passed

HB 2398, amends and assigns land, such as Aloha Stadium Lands, to the highly controversial Public Lands Development Corporation law passed last year.  This was another bait and switch bill that passed through committees and then was gutted and replaced with a completely different bill.  Passed

HB 2703, proposed to food self-sufficiency standards for the state to achieve by 2020.  Despite widespread support, House Chair Clift Tsuji proposed a conference draft that inserted numerous “poison pills” into the bill, such as having the bill dismantle the state water code and requiring set amounts of development around the state. These unrelated introductions doomed an otherwise popular initiative.  Died.

SB 2787 requires the Public Utilities Commission to adopt reliability standards for renewable energy projects that want to connect to the grid. The bill is meant to address HECO/MECO’s propensity for denying new PV connections without showing why.  Passed.

A community meeting to provide public input on the development of the 2012-2017 State Historic Preservation Plan will be held from 5 to 8 p.m. Tuesday at Maui High School.

The meeting, which is being held by the state Department of Land and Natural Resources State Historic Preservation Division, will include a presentation on historic preservation issues in present-day Hawaii. Attendees may share their own perceptions, including feedback on strengths, weaknesses, opportunities and challenges for historic preservation.

Light refreshments will be served. Community members may also share their thoughts by visiting hawaiihistoricpreservation.com; by emailing historicpreservation@smshawaii.com; by sending mail to SMS, 1042 Fort Street Mall, Suite 200, Honolulu 96813; or by calling (877) 535-5767 (ask for Renee).

From Maui News

Maui County has purchased 64 acres of undeveloped property fronting Kaehu Bay, preserving the wetland and fishponds in a $996,000 deal brokered with the Trust for Public Land and other groups, according to an announcement Tuesday.

“We have been fortunate to work with the Paukukalo and Waiehu communities, The Trust for Public Land and the Maui County Council to purchase this invaluable coastal land and save it from proposed development,” said Mayor Alan Arakawa. “Our local communities are especially dependent on our shorelines for subsistence, recreation and well-being, so it is important that the coastal wetlands at Kaehu Bay will now remain a priceless cultural and natural resource on Maui for generations to come.”

The property includes more than 4,500 feet of shoreline at Kaehu Bay, located between the mouths of the Waiehu and Iao streams. It is one of the last undeveloped shoreline parcels and includes a network of wetlands and fishponds…

Read the rest at Maui News

Press Release from Food and Water Watch:

Hawaii Court Allows Factory Fish Farming in Federal Waters

Judge Finds Reasonable Federal Agency’s Determination that Aquaculture Activities Are “Fishing”

Statement from Food & Water Watch Executive Director Wenonah Hauter

Honolulu, HI —“We are very disappointed by the court’s decision, which seems to say that aquaculture facilities can be permitted in federal waters, even if not authorized by a regional fishery management council. We do not think this is what Congress contemplated when they enacted our nation’s fishing laws, and we are currently considering all of our legal options, including an appeal.

“In her ruling last week, United States District Judge Susan Oki Mollway approved the National Marine Fisheries Service’s issuance of a “fishing” permit for Kona Blue Water Farms’s Velella aquaculture project in federal waters off of Hawai’i. The agency had contended that it could issue the permit under the federal fishery law, the Magnuson-Stevens Fishery, Conservation, and Management Act, which defines the term “fishing” to also include “harvesting.” The court found the issuance of the permit to KBWF reasonable because ‘[t]he project involved the growing and gathering a ‘crop’ of almaco jack to sell for human consumption.’

“Food & Water Watch feels strongly that NMFS should not have granted KBWF a permit at all. NMFS’s determination that, when Congress used the word “harvesting” in the 1976 law, its somehow contemplated allowing the raising of fish in futuristic floating industrial fish farming cages in the open ocean – as if it was traditional fishing – is completely without merit. Regardless, in this case, the governing regional fishery management council never even authorized the activities in the federal waters off of Hawai’i, and a proper environmental impact study was never conducted.  

“Food & Water Watch and KAHEA filed a suit against NMFS in August, 2011, for issuing an illegal fishing gear permit to Kona Blue Water Farm for their Valella Project. The lawsuit is based on the fact that the federal government lacked the authority to grant the permit and failed to adequately assess the environmental impacts of Kona Blue’s offshore aquaculture operations as required under federal law.”

http://youtu.be/5Qj4_dwx5Qo

COMMUNITY COALITION PLEAS FOR EDUCATION AND DIALOGUE
IN THE WAKE OF RECENT HAWAIIAN MONK SEAL DEATHS

Honolulu, Hawai`i – In response to the series of “suspicious” Hawaiian monk seal deaths in Hawai`i, a group of concerned citizens and organizations have stepped up efforts to educate the public about the plight of the critically endangered marine mammal.  The group, identified as the Aloha Kanaloa Coalition (www.alohakanaloacoalition.org <http://www.alohakanaloacoalition.org> ) recently released a public service announcement video aimed at raising awareness about the critical status of the monk seal.
 
“The purpose of the PSA was to remind people that our Hawaiian kupuna K?`ulakai taught us the importance of sharing,” said Walter Ritte, Hawaiian community activist and coalition member.  ”We need to share our ocean resources with the seals.  What happens to them happens to us.”
 
UH Professor and coalition member Jon Osorio agrees.  ”These are truly senseless killings. Kanaka who are pono do not kill for nothing. The pressures of a global market and local economic difficulties are making people behave in inexcusable ways and we must return to a more restrained and responsible lifestyle.”
 
While only recently formed, the group sees its recent success in the production of its PSA as a sign of its potential.  ”The public service announcement is a demonstration of how powerful and effective community can be when it comes together,” said Koa Kaulukukui, coalition member and PSA coordinator.  ”We hope to use the momentum of the PSA video to develop more opportunities to educate people about the value and importance of our Hawaiian monk seals.”  
 
The Aloha Kanaloa Coalition currently consists of over a dozen individuals and non-governmental organizations (NGOs).  The group anticipates that with the latest act of violence, more individuals and organizations are likely to come forward to join the effort to support Hawaiian monk seal education and recovery.
 
Individuals or organizations interested in joining the coalition are encouraged to visit the coalition’s website: www.alohakanaloacoalition.org <http://www.alohakanaloacoalition.org>  or contact the coalition at info@nameahulu.org.  The PSA is also available for viewing on the website.  It can also be downloaded for viewing and distribution at the following link: https://rcpt.yousendit.com/1480545329/237b06c29bbfb17cb34251ce07360aa2
 
The Aloha Kanaloa Coalition currently includes KAHEA: The Hawaiian – Environmental Alliance, the Conservation Council for Hawai`i, the Hawai`i Wildlife Fund, the Marine Conservation Institute, the National Wildlife Federation, the Humane Society of the United States, the Center for Biological Diversity, the Moloka`i Community Service Council, Hawai`i Interfaith Power and Light, and other organizations and individuals.
 
#  #  #

Media inquiries:
Koa Kaulukukui (808) 226-0370 or kaulu100@hotmail.com

ALOHA KAKOU!

Your opportunity to be heard as the Council makes it’s decisions re: South Maui’s Future.
NEXT TUESDAY APRIL 17 6-8 PM
KIHEI CHARTER SCHOOL (former Hapa’s on Lipoa)

Pupu provided 6 to 6:30.

The Council’s General Plan Committee is expected to vote on South Maui URBAN GROWTH BOUNDARY maps by July.

Public will have an opportunity to mark THEIR OWN maps at this presentation and share their ideas re: parks, open spaces, needed infrastructure and how much, where and how South Maui should grow in the next 20 plus years. A community survey will also be available to turn in to the Council.

By Gordon Crocket writing in the Maui News Letters section:

Development of Olowalu will increase problems West Maui already has. Already entitled projects will more than meet expected housing needs and are closer to jobs and existing infrastructure.

The council voted 9-0 to adopt a resolution supporting the establishment of a “complete streets” policy for Maui.  The policy would establish guidelines for creating more walkable communities by providing paths for walking and biking.