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THE CARROLL COX SHOW NEWS AND COMMENTARY |
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July 12, 2015 The Hawaii State
Department of Land and Natural Resources' recent handling of sea cucumbers taken from
state waters is tainted with unethical dealings, misinformation, and a possible
violation of fishermen's civil rights. On
June 26,
2015, the Hawaii State Department of Land and Natural Resources (DLNR) issued a
Press Release stating: "SEA
CUCUMBER HARVESTING BANNED FOR 120 DAYS in HAWAII. Land Board Approves
Emergency Rule, Governor Expected to Quickly Sign. The Hawaii Board of Land and Natural
Resources (BLNR) approved a rule today to make it illegal to take any species
of sea cucumber from Hawaii State waters for the next 120 days. This is in response to an investigation by
officers of the DLNR Division of Conservation and Resources Enforcement
(DOCARE), who confirmed that a new commercial fishery recently started. The
investigation was supported further by public observations. Governor David Ige is expected to quickly
follow the BLNR approval by signing the emergency administrative rules". DLNR
Chairperson Suzanne Case said, "Based on a briefing from DOCARE about
their ongoing investigation and recent findings and input from the DLNR
Division of Aquatic Resources (DAR), we took the unusual step of fast-tracking
this rule to immediately stop the continued depletion of this natural resource."
This decision was further confirmed to be prudent when, "People across the
state expressed outrage after seeing photographs and learning about the mass
commercial harvesting of sea cucumbers in near shore waters on Maui and Oahu." Ms. Case also stated;
"This is in response to an investigation by
officers of the DLNR Division of Conservation and Resources Enforcement (DOCARE),
who confirmed that a new commercial fishery recently started." I believe
Ms. Case knowingly and falsely represented the facts in her statement, based on
information from reports I obtained via the
State's Uniform Information Practices Act, from the DLNR Division of Aquatic
Resources. The information clearly controverts Ms. Case's claim, showing that a
"commercial fishery" has existed in this state for years. The
following is just a small representation of the many years fishermen have been participating
in a commercial fishery targeting sea cucumbers. Year No. collectors
No.
harvested No. sold
Value Recently DLNR Enforcement
ordered Young Brothers to place a hold on a shipment of sea cucumbers from Maui
at the Young Brothers facility on the Island of Oahu. Reportedly, the sea cucumbers in the shipment
were legally taken from waters surrounding the island of Maui by Hawaii by
fishermen with commercial licenses. Also,
it is reported that DLNR held the shipment as part of a greater scheme
orchestrated to justify and support its [soon to be announced] Administrative
Emergency Rule that addressed the recent,
highly publicized incident involving the legal take of sea cucumbers from
waters near Waimanalo on the island of Oahu. The DLNR, under
Chairperson Suzanne Case's guidance,
initiated the interception of the sea cucumber shipment at Young Brothers to
give reason to send an officer assigned to the Community Fisheries Enforcement
Unit (CFEU) from the island of Maui to Oahu to work the case. She did this, in large part, to give the
public the impression that the CFEU is effective in its protection of the
state's marine resources. As stated in minutes
from a Board of Land and Natural Resources meeting, "The community
fisheries enforcement unit-FEU is a new and innovative program to improve the
sustainability of the main Hawaiian Islands near shore fisheries by
significantly [improve] public compliance with the state of Hawaii's fisheries
laws and rules. This is a joint initiative of Conservation International
Foundation, Castle Foundation and DOCARE". At this time the unit is only active on
Maui. Currently the CFEU is
not adequately funded and we understand DLNR and nonprofit organizations are desperately
seeking funds to prop it up. It appears
the detainment was made at Young Brothers, then later cleared for release, to
allow the owner or his agent to pick it up and deliver it to a home in Laie. That home was reportedly under surveillance
by DLNR. These actions were taking place
so the DLNR could claim the shipment was a large, unlawful, commercial endeavor
of sea cucumber harvesting in order to justify the Emergency Rule and support the
need for grants and more funding for the CFEU.
In fact, I believe the detainment was made in order to make the CFEU
look as though it was successfully investigating and protecting the state's
marine resources. I also suspect these
actions will be used to solicit money from grants and state legislators specifically
to fund the CFEU on Maui. There is also
information in Case's June 26 press release stating "The Department of Land and Natural
Resources has been investigating and has now confirmed a new commercial fishery
in which mass harvesting of sea cucumbers is occurring on both Oahu and
Maui." , I believe, if true, the detainment of sea
cucumbers was pretextual and had nothing to do with the protection of the
resources because at the time the taking of sea cucumbers was legal and covered
by a commercial license. I also believe there needs to be a review of these
events with steps taken to prevent any further actions that may violate the
rights of fishermen who hold valid licenses issued by DLNR to take sea
cucumbers, and any other wildlife being regulated by the DLNR. In other words, based
on current information provided by the DLNR, and because the DLNR previously issued
commercial licenses for the take of sea cucumbers to the fishermen on Maui, the
take of sea cucumbers shipped to Oahu was not illegal. If that is true, and the take of sea
cucumbers is legal, under what authority did the DLNR order Young Brothers use
to detain the shipment of sea cucumbers on Oahu? Also, officers
assigned to Oahu have the skills, and are capable of taking care of the matter
at hand, so why were officers from Maui being sent to Oahu? It is our understanding that prior to the
Maui CFEU officers being sent to Oahu, officers on Oahu had already identified and
located the home in Laie where the sea cucumbers were being processed. Since the Oahu team had already located the residence
in Laie, why did Case think it necessary to have someone from Maui's CFEU
travel to Oahu just to be included in the process? Furthermore, why didn't
the DLNR take steps to implement the
rules necessary to afford protection of the sea cucumbers several years ago,
when licenses were first issued, thereby
avoiding the need for an emergency action and any further delays caused by
these manufactured actions? The detainment of the
shipment of sea cucumbers, the travel of a Maui CFEU officer to Oahu, and the surveillance of the home in Laie
where reportedly sea cucumbers were being processed, strongly suggests that
circumstances were being manipulated for political reasons and not the
protection of our fragile marine resources.
It is clear that, prior to the passage of the emergency law suspending the take of sea cucumbers from state waters, there were no laws or regulations against the take of sea cucumbers. This begs the question, why were the sea cucumbers detained at Young Brothers if they were not illegal? Why was the Maui Officer allowed to travel to Oahu to conduct surveillance of a legal activity when the officers from Oahu had already identified the receiving facility. This suggests our concerns that Ms. Case and some of the DLNR staff were attempting to manufacture a crisis to showcase the cash strapped Maui Community Fisheries Enforcement Unit have been confirmed. I am also concerned, and I believe, the DLNR was wrong to allow a commercial fishery for sea cucumbers in the first place, without first conducting surveys and biological assessments to determine if the population of sea cucumbers in state waters could sustain itself while being targeted by a commercial fishery. I also believe the DLNR erred when it issued commercial fishing licenses to fishermen targeting sea cucumbers without bag limits, size limits, seasonal take, method of harvesting, and times of take. etc. That being said, becausethe DLNR knew the sea cucumbers in the detained shipment were legally taken
under a commercial fishing license, and therefore not violating any laws, their
actions raise concerns that the DLNR, a State Government Law Enforcement Agency,
knowingly and illegally detained the
shipment of sea cucumbers, possibly violating the rights of the shipper by collecting
information of citizens without a warrant or probable cause. This also raises concerns regarding why the
DLNR is involved in activities that are giving rise to other behaviors that may
be unconstitutional. I am also privy to
information alleging a total of three officers from the Department of Land and
Natural Resources, Division of Conservation Resources, Maui Branch, traveled to
Oahu and met with Ms. Case prior to the emergency ruling. During the meeting they helped author the
June 26, 2015, press release. Why was
their involvement necessary for the process?
The sea ccumber fishermen told me that after the Board of Land and Natural Resources passed the ban on the commercial fishery for sea cucumbers DLNR did not formally notify them that they could sell, transport, or possess the sea cucumbers they had taken legally prior to the ban. Also the DLNR did not take an inventory of the sea cucumbers the fisherman still possessed before and after the closure. An inventory of the sea cucumbers by the DLNR could possibly discourage any future take of sea cucumbers and prevent comingling with the legal ones. Furthermore, the fisherman, and owner of the sea cucumbers in Laie and on Maui, told me he was never informed by the DLNR or Young Brothers that his shipment was detained by the DLNR. This lack of
information about the ruling prompted me to ask Dan Dennison, Senior
Communications Manager for the DLNR, the following questions. Also included are his answers: ·
How many commercial
fishermen are impacted by this new rule? Answer: DOCARE is aware of
17 fishermen who got licenses after they began harvesting sea cucumbers for
commercial sale on Maui only. No one applied for a license on Oahu, (Note: Look at the chart indicating 5 registered for
2015). ·
Will the DLNR refund
part or all of the commercial license fee to the fishermen? Answer: No, commercial
fishing began before any of these individuals applied for a license.
·
Can the fishermen continue
to possess the sea cucumbers they legally took prior to the closure? ·
Can the fishermen sell
the sea cucumbers legally taken prior to the closure? Answer: Yes, same answer as
above. ·
Can the fishermen
transport the sea cucumbers legally taken prior to the closure? Answer: Yes, same answer as
above. ·
If the fishermen can't
possess, sell or transport the sea cucumbers legally taken prior to the ban
what, is the DLNR doing to address this? Answer: N.A. ·
Is the DLNR requiring
the fishermen to dispose of the sea cucumbers? If yes, how must they
dispose the sea cumbers in their possession? Answer: N.A. ·
Will the DLNR make
financial compensation to the fishermen for the sea cucumbers they legally
acquired and possessed prior to the closure? If yes, how will the agency
determine the amount each fisherman is entitled? Answer: No, these fisherman
were engaged in mass exploitation of a natural resource in Hawaii and the
reason for the passage of the emergency rule. ·
Do the fishermen have to
continue filing a report that they took legally prior to the closure? Answer: Yes, reports are
due 10 days after the end of the previous month. ·
Did the DLNR require the
fishermen to provide an accounting of the sea cucumbers they took prior to the
closure? Answer: No, though it would
be helpful to know the locations and sizes of their catches. ·
What measures or
requirements are in place to prevent the fishermen from acquiring more sea
cucumbers and commingling them with the ones legally taken prior to the
closure? Answer: It is illegal as of
June 26,2015 to catch or possess sea cucumbers and the fishermen would have to
clearly demonstrate what they possess is pre-ban take. DLNR/DOCARE doesn't
discuss details of continuing investigations. ·
Did the DLNR formally
notify the fishermen that an emergency ban would be passed? If yes,
please provide a copy of the formal notice absent of the fisherman's name and
address. Answer: No, the ban was
widely publicized and it is always up to individuals to know specific laws or
rules before harvesting or taking of any natural resources in Hawaii.
While I strongly
believe that an emergency ban was necessary I also believe DLNR's efforts
exploit the situation to benefit the CFEU was misplaced and is simply
wrong I am therefore of the
opinion that Ms. Case should immediately resign for her behavior in this
matter. Sincerely, Carroll Cox
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