STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
Division of Conservation and Resource Enforcement
March 11, 2005
Board of Land and Natural Resources
State of Hawaii
REGARDING: Request for approval to develop and pursue the “Enforcement”
Chapter of the Statewide Comprehensive BLNR Coastal Policy
Comprehensive Coastal Policy
It is an objective of the Department of Land and Natural Resources
to foster a Statewide Comprehensive Coastal Policy to improve overall
protection and management of Hawaiian natural and cultural resources.
This effort is intended to produce a unified vision for future actions
by government as a whole.
Rather than confront the daunting task of an overall, comprehensive
policy in a single effort, the proposed policy can be broken down
into component “Chapters” and the respective stakeholder
groups can address each chapter.
The key is the understanding that the management and regulation of
the State’s natural resources is not solely the responsibility
of the DLNR. There are other private, county, state and federal agencies
that participate in this effort.
As each Chapter is developed, respective stakeholder groups, including
DLNR line divisions, such as the Office of Conservation and Coastal
Lands (OCCL), Aquatic Resources (DAR), Boating and Ocean Recreation
(DOBOR), Conservation and Resources Enforcement (DOCARE) and Historic
Preservation (SHPD), as well as others associated with coastal concerns,
will participate in the development of these issues.
One concurrent theme throughout this chapter concerns issues of government
responsibility, education and outreach, intergovernmental cooperation
and the marshalling of resources necessary to accomplish these objectives.
A second concurrent theme concerns the need for each individual to
take the initiative to protect our natural resources and to use these
limited resources wisely.
The Coastal Policy encompasses many different and complex issues.
Because of these issues, we are proposing that the proposed management
initiatives be integrated within “Chapters” and “Sub-Chapters”
of the overall Coastal Policy.
The Changing Shoreline
Coastal hazard mitigation
Public and Private Improvements
Encroachment onto public property
Coastal building setbacks
Native Hawaiian traditional and cultural rights
Conflicts between & within user groups
Cruise ship management
Near shore water concerns
Ballast water, hull-fouling & waste disposal from ships
Marine ecosystem management
Coastal islands, wetlands, dunes, estuaries and streams
Resources - Jurisdiction - Outreach
At the January 28, 2005 BLNR meeting DLNR-OCCL, presented the first
“chapter” of DLNR’s Coastal Policy, which was a
request for approval to pursue a statewide comprehensive BLNR Coastal
Policy. With the approval of this first chapter, the Board authorized
the Department, starting with OCCL, to proceed with the formulation
of a comprehensive Coastal Policy, starting with an Integrated Shoreline
Policy for the State of Hawaii and authorized OCCL to work directly
with the Hawaii Ocean and Coastal Council, County agencies and other
agency stakeholders on the development of a policy to protect beaches
and coastal communities from the negative impacts of erosion and other
At the same meeting, DLNR-DAR presented a “chapter” on
Marine Protected Areas and Marine Managed Areas. The BLNR approved
the Department’s proposed definitions of marine protected areas
and marine managed areas and approved, in concept, the suggested framework
presented. Further, the Board authorized the Department to conduct
a public process, including public meetings, to seek additional input,
with significant stakeholder participation, into the proposed definitions
and marine managed area framework.
More recently at the February 25, 2005 BLNR meeting, DLNR-DOBOR brought
before the board a submittal on user conflict and ocean recreation.
This submittal addressed how the department can better address user
conflicts and solicit community input to develop tools to better manage
coastal and ocean resources. The Board approved their request to conduct
a public process to address user conflicts and capacity issues related
to ocean recreation and authorized the department to issue concession
agreements for various ocean related activities as immediate management
This submittal focuses on enforcement and outreach activities within
DLNR. Instead of focusing solely on the enforcement side, it is DLNR’s
hope that through added outreach, education and cooperation with other
agencies, the department will be able to prevent incidents from occurring
before enforcement action is needed.
DLNR’s Division of Conservation and Resources Enforcement (DOCARE)
has primary responsibility for resource enforcement in the State,
and therefore is the lead division for this submittal. DOCARE’s
overall mission is to promote the safe and responsible use of Hawaii’s
natural resources. The program objectives are:
1. In partnership with others, to help lead the citizens of Hawaii
in developing and maintaining a tradition of ethical use, stewardship
and sustainability of our land and natural resources.
2. To educate and inform citizens and visitors alike of the responsible
use of Hawaii’s natural resources and the application of natural
resource laws, including Hunter Education.
3. In partnership with others, to educate the public in the safe
and responsible use of firearms, boats and personal watercraft.
4. To ensure the right of all persons to safely use, share and enjoy
Hawaii’s natural resources through firm, fair and effective
As stated earlier in the submittal, the department and DOCARE’s
preference is to foster voluntary compliance and prevent violations
from occurring, before they lead to enforcement action. When a violation
occurs, the damage to our natural and cultural resource may make recovery
difficult or, in some cases, impossible. The department believes that
the first step in preventing these violations from occurring is to
educate the public about our natural resources.
The department realizes the value of outreach to the public. Many
local residents and visitors alike are unaware of how their actions
can effect the natural and cultural environment around them. In most
cases once people are educated as to what the rules are, and why they
are in place, they are willing to comply.
“Ho’okuleana” means “to take responsibility;”
it is the theme of DLNR’s outreach efforts that strive to involve
communities and constituencies in assisting in the management of our
natural and cultural resources.
“Ho’okuleana” spreads the message that our natural
and cultural resources are not limitless, nor are they resilient;
they are scarce and fragile. Each of us shares in the responsibility
of wise stewardship and conservation of our resources.
In a single word, “Ho’okuleana” is focused on “responsibility”
- our individual and collective responsibility to:
· Participate - rather than ignore
· Prevent - rather than react
· Preserve - rather than degrade
“Ho’okuleana” reinforces the importance of partnerships
and working together. “Ho’okuleana” is founded on
the principle that partnerships are priorities.
No one constituency, no one community, no one resource management
entity has the sole responsibility for and jurisdiction over the resources.
Each of us shares the responsibility for the protection and preservation
of our natural and cultural resources. DLNR strives to promote responsible
use, understanding and respect for Hawaii’s natural and cultural
Our natural and cultural resources are not just historic sites, oceans,
streams, mountains, trees, birds and fish. They are the:
· Foundation of our quality of life
· Backdrop for our economy
· Our natural and cultural resources define Hawaii’s
“sense of place.”
Making public outreach a priority, the department has been developing
mauka and makai brochures. These brochures, one highlighting the state’s
mauka region, the other highlighting the makai region, serve as tools
in summarizing both the natural and cultural importance of these regions
(copies are attached).
These brochures are available to commercial tour operators for use
as part of a natural and cultural briefing. The brochures will help
set a sense of place for activities. For example a commercial kayak
operator will be able to use the brochure to convey the importance
of the ocean to the native Hawaiians as well as offer tips as to how
the guests can help preserve and protect Hawaii’s ocean resources.
Environmental education centers are another means of reaching the
community regarding wise use of Hawaii’s natural resources.
Over the past year, the BLNR has approved proposals for numerous environmental
based education centers across the state. On Kauai, the Division of
Aquatic Resources will be working towards the development of an education
center at Wailua Reservoir, which will coincide, with a freshwater
fishery and related activities.
On Oahu, the Hawaii Nature Center currently operates an environmental
education facility in Makiki that it recently expanded. In Kalihi
Valley, Kokua Kalihi Valley recently signed a lease to renovate and
expand a structure within Kalihi Valley for use as an education center.
The Land Board authorized the division of State Parks to proceed with
a RFI process a educational facility at Wahiawa Reservoir, which like
the Wailua facility on Kauai would include fishing activities.
On the Big Island, the Land Board recently authorized DOFAW to proceed
with a RFI process for development of environmental education facilities
within the ahupua’a of Pu’u Wa’awa’a.
With the creation and expansion of these facilities, an increasing
number of residents and visitors will be exposed to environmental
education and related activities. DLNR also has the opportunity to
showcase its recreation and conservation activities to a wider audience.
All of the potential educational facilities will also work with the
state school system and related entities to integrate curriculum and
related activities into school activities.
Community meetings are another way the department can expand its
presence in the community. On the Big Island, DOCARE officers hold
community meetings to address publics concerns regarding illegal activities
on state lands. These community meetings serve, as a way for DOCARE
officers to interact with the public in a community setting. The officers
offer advice and recommendations for residents and community member
to be better able to handle situations when they arise. The meetings
also offer residents the chance to voice their concerns and relay
to the officers the issues, which they are facing in their particular
Another way the department continues to reach the public is through
its public information office (PIO). The PIO office keeps the community
aware of events and initiatives of the department through press releases
and other outreach efforts.
One such effort is the creation of theme years, highlighting activities
within a particular division for an entire year. 2003 was deemed the
“Year of the Hawaiian Forest” and DOFAW was able to use
this designation to bring awareness to the community of the importance
of the state’s forest and watershed resources.
Similarly, 2004-2005 were themed, “A Living Reef Gives Our
Islands Life”. DAR took the lead in creating publications and
related events throughout the year, focusing on the importance of
coral reefs. DAR was also able highlight their division and gain added
exposure to all of their programs, no just those related to coral
The department intends on continuing with this program and is in
process of beginning its next theme year, highlighting the Division
of Historic Preservation.
Public Service Announcements
Besides continuing with its successful outreach programs the Department,
through the Public Information Office, will expand upon the development
and implementation of Public Service Announcements (PSA) through various
means of media including television, radio and print. These PSAs will
help to educate the public regarding resource protection, rules and
ways in which the public can become evolved in outreach activities.
By increasing DLNR’s presence in the media, it is envisioned
that the public will become more aware of what functions the department
serves and ways in which they can help. Most of the Divisions within
DLNR will be included in the PSAs. Divisions will be able to highlight
their accomplishments and spread the word on how they are working
to preserve and protect Hawaii natural and cultural resources.
In keeping with the “Ho’okuleana” theme of responsibility,
partnerships and working together, DLNR has made expanding partnerships
All of DLNR’s 11 divisions are involved in partnerships, which
occur on a multitude of levels including at the Federal, State, County,
and community level.
DOCARE partners with many varied counterparts, communities and constituencies
on enforcement issues, outreach and prevention. Many times these partnerships
give agencies including DOCARE, the ability to pool resources to better
enforce, educate and manage over lapping jurisdictions.
Other divisions including DOFAW and DAR are involved in these same
types of partnerships with other agencies. The department would like
to take a more proactive approach in seeking out formalized partnerships
to help facilitate cooperation between DLNR and other entities.
“Mauka-Makai Watch” Program
Over the years many divisions within DLNR have instigated programs
to involve the communities in resource protection and management.
Up until now, these various programs worked interdependently, and
although very successful, lacked a coordinated effort by the department.
Recently, interest in these types of programs had increased as people
begin to realize that DLNR does not have the resources to “be
everywhere, all the time”. Communities are becoming aware of
their ability to take more active roles in resource protection.
Thus, the department formalized the Mauka-Makai Watch program. This
program will bring together all of the previously established programs
and enhance and expand their efforts to more actively involve communities
and the department in community resource protection.
The Mauka-Makai Watch concept is very similar to the Neighborhood
Watch Program in which community members act as the “eyes and
ears” for the Police Department to help deter, identify, and
report crimes. When Neighborhood Watch members observe a crime or
suspicious behavior, they have a direct line to the Police Department
and, depending on the situation, the Police can choose to send out
Neighborhood Watch volunteers understand that the active participation
of neighborhood residents is a critical element in community safety.
Similarly, Mauka-Makai Watch Volunteers have a presence in our natural
and cultural resources areas to help act as the eyes and ears for
resource managers and regulators.
The Mauka-Makai Watch concept is based on the idea that the people
who use, live closest to or are involved with the resources are in
the best position to help in ensuring compliance with resource protection
Mauka-Makai Watch is based on the context that the active participation
of communities and constituency groups is a critical element in community
health and safety - not through vigilantism or exclusion, but simply
through a willingness to help prevent wrong-doing through presence
and education, look out for suspicious activity, monitor and care
for the resources, and report inappropriate activity to law enforcement
and to each other.
Mauka-Makai Watch involves communities assisting resource managers
and regulators responsible for our natural and cultural resources.
It is based on experience that Department of Land and Natural Resources
(DLNR) has had with the Miloli’i community, with the assistance
of The Nature Conservancy (TNC) and the Community Conservation Network
(CCN), as well as with the Wai ‘Opae community, both on the
Big Island, to establish and pursue a Mauka-Makai Watch Program.
The Mauka-Makai Watch program is flexible and versatile; it can focus
on marine and coastal related context under a “Makai Watch”
reference, or it can center on forest, hunting or other inland issues
under a “Mauka Watch” reference. Or, it can incorporate
a broad, comprehensive network linking inland and coastal matters
under a Mauka-Makai Watch.
The goal of the Mauka-Makai Watch Program is to help ensure that
local community members are given accurate information about our resources
and DLNR so they will support DLNR in natural and cultural resource
enforcement, education, outreach, monitoring and surveillance to protect
There are several ways communities and non-governmental organizations
(NGOs) can increase public compliance with the rules that are intended
to protect our natural and cultural resources. It is generally accepted
that compliance increases with increased:
· Public and constituency awareness of the condition of the
resources in their area
· Opportunity for the public and constituencies to be meaningfully
involved in how to protect the resources and to help government implement
the management options
· Opportunity to help government agencies monitor the condition
of the resources and the public’s/constituencies’ use
of those resources
· Public and constituency awareness of the rules and why they
are necessary to protect the resources
Active community assistance in resource management often results
in locally-acceptable resolutions to resource management issues, increased
protection and preservation, better monitoring and understanding of
the condition of the resources, compliance with rules and greater
capabilities within the community to assist in resource management
Empowering local residents and resource users to help government
manage resources will increase their feeling of responsibility and
ownership in the future of local resources and result in their greater
protection of the resources.
Community-supported natural and cultural resource protection and
preservation programs represent a win-win opportunity. DLNR wants
and needs citizens to take more personal responsibility for protecting
the resources. Compliance increases with more community involvement.
The benefits of Mauka-Makai Watch are many. Through Mauka-Makai Watch,
local communities gain a sense of pride and accomplishment as they
play a stronger role by assisting in resource assessment, management
and protection of our natural and cultural resources. Resource managers
and enforcement personnel benefit from increased surveillance, outreach
Mauka-Makai Watch serves as a vehicle in helping people “make
a difference” in their own community. A goal of Mauka-Makai
Watch is to help ensure that community members support DLNR and other
resource managers and regulators in education, regulation, monitoring
and observation to protect our natural and cultural resources.
As areas under Mauka-Makai Watch gain a reputation for increased
attention, enforcement violations will likely be reduced and, as a
result, the resources will be more fully protected and DLNR‘s
workload in these areas will decrease. While there is still a long
way to go to improve and expand the existing Mauka-Makai Watch program,
together, we have set a good foundation for success.
DLNR is committed to expand the Mauka-Makai Watch program with the
diversity of communities and constituencies throughout the State of
Hawaii’s. DLNR hopes that in doing so, the department will help
in connecting communities and constituencies with the resources that
Mauka-Makai Watch falls under DLNR’s umbrella “Ho’okuleana”
program to increase outreach and education efforts. “Ho’okuleana”
is the theme of DLNR’s outreach efforts that strive to involve
communities and constituencies in assisting in the management of our
natural and cultural resources. “Ho’okuleana” is
a message that DLNR is, and will continue to be, a willing and able
Taking Enforcement Actions to the Land Board for Processing
DLNR is a multifaceted department with each of its divisions governed
by its own specific set of rules. These rules are tailored to the
activities in which each division is involved. Contained within these
rules are penalties and rules guiding prosecution and enforcement
There are a variety of ways in which divisions can deal with violations.
They include going through the state criminal court system, dealing
with violations administratively and taking cases to the Land Board
The first option has been the common process for most of DLNR’s
divisions. However, the Office of Conservation and Coastal Lands (OCCL)
has been at the forefront of using both the administrative system,
as well as taking violations before the Land Board. The division brings
at least one violation to the board at every meeting.
Recently, other divisions within the department have begun bringing
issues to the Land Board for processing as well. At the BLNR meeting
on August 13, 2004, the Division of Forestry and Wildlife, Natural
Area Reserve System brought before the Board a case involving an illegal
kayak operation within the Ahihi Kinau Natural Area Reserve. The operator
then asked for a contested case, which is currently being conducted.
At the February 25, 2005 BLNR meeting, DOFAW’s Na Ala Hele
Trails and Access System brought before the Board the case of an illegal
trail tour operator at Manoa Falls Trail. The Board found the operator
in violation and fined the alleged operator $2,500 for violating commercial
rules and not having the proper permits to operate.
One advantage of bringing issues before the land board is the exposure
these cases have. A Land Board processes is an open meeting that the
public is able to attend and testify at. Cases seem to receive more
attention from the public and media when they are brought before the
board rather than dealt with at the court level.
DLNR has been criticized for not taking action in the enforcement
of its rules. The added exposure, issues before the BLNR bring, helps
to get the message out to Hawaii’s communities’ that something
is being done to address illegal activities, which happen under DLNR
When people are aware that these issues are being dealt with, the
department hopes it will act as a deterrent to others, not to violate
the rules. Additionally this exposure can serve as an educational
opportunity for the public to be more aware of the rules and regulations
which govern the state’s natural and cultural resources.
It is recommend that the Board of Land and Natural Resources authorize
the department to:
1. Expand outreach and education efforts in a continued effort to
deter natural resources related violations.
2. Depending on the scope and scale of alleged violations, encourage
all divisions to bring violations before the Land Board for adjudication,
rather then limiting prosecution to the criminal courts.
3. Expand the department’s Mauka-Makai Watch program and work
with other constituencies to coordinate with communities and individuals
that wish to participate.
4. Continue to partner with other constituencies in outreach and
resource protection and continue to formalize cooperative agreements
between DLNR and other agencies.
Gary Moniz, Administrator
Division of Conservation and Resource Enforcement
APPROVED FOR SUBMITTAL:
Peter T. Young