Hawai'i Fisheries Initiative - The Hawaii Institute for Public Affairs

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Leasing Hawai‘i’s Waters: Legal Framework and Permitting Process Photo courtesy Aquaculture Development Program 31
Leasing Hawai‘i’s Waters: Legal Framework and Permitting Process Hawai‘i’s Ocean Leasing Law went into effect in 1999. Cates International was the first U.S. firm to sign a commercial open-ocean aquaculture lease in the United States. Governor Linda Lingle credits the expertise Hawai‘i has developed at the University of Hawai‘i, at the non-profit Oceanic Institute, and among numerous private sector aquaculture firms with making Hawai‘i an “internationally recognized source of information and best practices in this field.” At the 2006 annual meeting of the Hawai‘i Aquaculture Association, Dr. John Forster, an internationally recognized aquaculture expert, addressed Hawai‘i’s opportunities, noting its strengths: vast ocean space, clean water, subtropical climate, multiple potential species, technology leadership, state support, an isolated island location, Hawai‘i’s strong ocean-leasing law, and industry momentum. Challenges identified by Dr. Forster include the islands’ limited shallow water, limited land areas, high costs, island location, and complex regulations. 123 The State Department of Agriculture’s Aquaculture Development Program is the lead agency, facilitating discussions between companies desiring permits and leases and the state regulatory agencies. 124 The regulatory agency oversight and permitting scheme is generally as follows: u HRS §190D details the state’s ocean and submerged lands leasing law. State waters are classified as Conservation, under a special “resource” subzone. u For purposes of applying the ocean leasing law, “mariculture” is defined as the aquaculture, cultivation, and production for research, development, demonstration, and commercial purposes of aquatic plants and animals within state marine waters, but excludes floating structures that are not anchored. 125 u DLNR’s Office of Conservation and Coastal Lands determines environmentally acceptable uses within the state’s Conservation District, as well as the conditions for granting a permit for operations in this zone. The Board of Land and Natural Resources (BLNR) ultimately decides on the issuance of specific Conservation District Use permits. u DLNR’s Land Division issues and administers ocean leases. u DLNR/DAR – a no-fee Aquaculture Dealer License is required for any dealer, retailer, wholesaler, or restaurant to resell regulated marine life raised in a licensed aquaculture facility. 126 u State Department of Health, Clean Water Branch regulates effluent discharge from cages via a Zone of Mixing permit. Cages holding 100,000 pounds or more of product each year require a National Pollution Discharge Elimination System permit. u U.S. Army Corps of Engineers, via a Section 10 permit, determines how and where cages can be anchored in state waters. 32
Page 1 and 2: Hawai‘i Fisheries Initiative A Co
Page 3 and 4: Examples of Hawai‘i Fish Aku Bige
Page 5 and 6: fishers, who defray costs by sellin
Page 7 and 8: A Snapshot of Hawai‘i’s Seafood
Page 9 and 10: Western Pacific Fisheries Managemen
Page 11 and 12: National and Statewide Economic Imp
Page 13 and 14: Economics of Hawai‘i’s Commerci
Page 15 and 16: Imports and Value Added NWHI Bottom
Page 17 and 18: Seafood Exports NOAA Fisheries repo
Page 19 and 20: Regional Trends, Wholesale Markets,
Page 21 and 22: due to the freshness of the fish wh
Page 23 and 24: Consumers of recreational and subsi
Page 25 and 26: One of the program’s goals is to
Page 27 and 28: With expected increases in populati
Page 29 and 30: Hawai‘i’s Aquaculture Potential
Page 31: The flat growth of the information
Page 35 and 36: Christopher Mann, a senior officer
Page 37 and 38: Recreational Fishing in Hawai‘i R
Page 39 and 40: Hawai‘i Marine Recreational Fishi
Page 41 and 42: Fishing Tournaments and Clubs Appro
Page 43 and 44: Fisheries Management and Enforcemen
Page 45 and 46: A comprehensive ecosystem-based fis
Page 47 and 48: State of Hawai‘i Fisheries Progra
Page 49 and 50: In its eighth year, 2,164 volunteer
Page 51 and 52: Stock Assessment and Catch Data Und
Page 53 and 54: 2006 State Fishing Licenses and Per
Page 55 and 56: Violations of marine-related laws c
Page 57 and 58: or Olive Ridley sea turtles have be
Page 59 and 60: History and Status of Hawai‘i’s
Page 61 and 62: 2006 Commercial Landings by Species
Page 63 and 64: wholesalers began offering Hawaiian
Page 65 and 66: that mortality levels will be susta
Page 67 and 68: Troll and Handline Pelagic Fisherie
Page 69 and 70: (a baited bottom camera) and Electr
Page 71 and 72: History and Status of Lobster and S
Page 73 and 74: Governing the Oceans In general, st
Page 75 and 76: In 1958, the Geneva Conventions on
Page 77 and 78: Authority within a Nation’s Exclu
Page 79 and 80: U.S. Ocean Policy, Regulatory Frame
Page 81 and 82: u The Oceans Act of 2000 382 establ
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development, analyzing climate chan
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u Sport Fish Restoration and Manage
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u Marine Debris Research, Preventio
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Governance refers to the entire pro
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Hawaiian Ocean Policy and Regulator
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DLNR/State Historic Preservation Di
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nongovernmental organizations, and
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can give formal testimony. If neces
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Native Hawaiian Fisheries Managemen
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And, adjacent to the Hualalai Resor
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Native Hawaiian Rights Asserted via
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Traditional and Customary Rights wi
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Wespac reports increased community
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About the Hawaii Institute for Publ
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21 U.S. Department of the Interior,
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79 Hawai‘i International Seafood,
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155 Magnuson-Stevens Fishery Conser
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235 Id. 236 d. 237 Id. 238 Id. 239
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318 Councilmember comments at the M
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394 16 U.S.C. 1852 § 302, at http:
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479 http://www.Hawaii.gov/dlnr/dar/
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Waters: Native Hawaiians have an in
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