Above photo: Nakula Natural Area Reserve. Credit: DLNR
After nearly two years without a meeting, the state Natural Area Reserves System Commission finally met on August 18. Over the course of four hours, the members voted on five proposals – all from Maui County – to expand or establish natural area reserves. Finally, they considered what might be called an existential proposal: should the commission even continue to exist?
On the one hand, the discussion of the merits of the five proposals, along with comments from Department of Land and Natural Resources staff and a member of the public, showcased the broad expertise that commission members collectively possess. On the other, with the Legislature having eliminated NARS administrative staff positions and with the commission’s decisions being merely advisory to the Board of Land and Natural Resources, the question arises as to whether the commission can continue to justify its existence.
Nakula NAR Expansion
First on the agenda was the proposed addition of around 361 acres to the Nakula NAR, on the leeward slopes of Haleakala.
The area, once heavily forested, has been converted into pasture, as a result of grazing by cattle, goats, and other hooved animals for more than a century. Upslope of the area lies the Nakula reserve, which, since its establishment a decade ago, has been the site of extensive and successful reforestation efforts. As the proposal states, “More than 450,000 trees have been planted, and countless more seedlings have naturally regrown after hooved animals were removed from the area. Additionally, endangered seabirds have also begun to recolonize the restoration area, and predator control efforts are resulting in nesting success for this rare species.”
To illustrate the potential, a small area of grassland in the proposed expansion area was fenced, ungulates removed, and native trees planted. Six years later, the forest had returned.
Pat Hart, a commissioner representing the University of Hawaiʻi, commented that the extension “seems like a no-brainer.” Commission chair Jay Penniman, noting that the Nakula NAR was where a failed attempt to reintroduce kiwikiu (Maui parrotbill) was made in 2019, described it as a “clearly needed addition to improve the habitat.” In addition, he said, the area could potentially be a site for reintroduction of the ʻalala (Hawaiian crow).
Because of its inaccessibility, the area is not used by hunters. Most access is via helicopter, said Emma Yuen, the commission’s de facto staff person who made the presentation. While hikers may be able to reach it with some difficulty from the upslope area, one commissioner noted that hiking from downslope was dangerous. In addition to the steep, rugged slope itself, wild cattle and dogs added to the peril, he said.
The commission voted unanimously to forward the proposal to the full BLNR, with a recommendation for approval.
Kaumanu NAR
On the Hana coast, north and west of Waianapanapa State Park, lie the 620 acres of what is proposed to be the Kaumanu Natural Area Reserve. The report presented to the commission notes that designation and management as a NAR would “expand protections for a windward coastal forest of hala (Pandanus tectorius), a large population of the endangered Ischaemum byrone grass, and other native plants and wildlife.”
“While coastal hala forests likely covered most windward shores in Hawaiʻi before human contact, these accessible areas have been almost entirely replaced by development and agriculture,” the report states. “Few larger tracts of this coastal forest type remain, and many forests that still exist were spared due to their remoteness or by clinging to steep cliffs. This coastal hala forest in Kaumanu provides an opportunity for active management because it is accessible and relatively flat. It also presents opportunities for nature education and community co-stewardship to reconnect with and restore plants and animals unique to Hawaiʻi.”
The site is bisected by the Hana airport, prompting some commissioners to question whether nighttime airport operations might present a problem. Yuen responded by noting that the airport had no nighttime flights. According to the proposal, the Department of Land and Natural Resources “could partner with the Department of Transportation to co-manage their section of the coastline and potentially use the fencing already constructed for the airport.”
The commissioners voted to forward their recommendation for approval to BLNR.
ʻAhihi-Kinaʻu NAR Expansion
DLNR staff proposed two extensions to the ʻAhihi-Kinaʻu NAR, the first reserve established by the state and the only one to date that includes a marine component. It is also, Yuen said, the third most popular visitor destination on Maui. Peter Landon, who helps manage the Maui reserves, said ʻAhihi-Kinaʻu receives between 800 and 1,500 visitors a day and all the rubbish and waste that that generates.
The proposed extensions would expand the reserve’s land area to the northwest and southeast by adding six parcels totaling around 23 acres. The additions, Yuen said, would facilitate the management of core properties in the area. “It’s the wild west right now,” she said. “People are parking all over the place.”
Fishing in the marine component of the NAR would continue to be prohibited, but fishing off the proposed additional land areas would be allowed.
Commissioners noted existing problems in the area, including the ability of tourists to rent camping vans and park in the area.
Landon elaborated on the problems of enforcing NAR rules as well as DLNR rules for adjoining unencumbered lands. “The boundary of the marine portion is hard to enforce,” he said. “It takes a fair amount of staff effort just to get a bust. The protection of the marine boundary of ʻAhihi-Kinaʻu, by adding these lands as a buffer, is kind of the main intention of wanting to add these areas. Poaching is the No. 1 thing we deal with,” he said, and the addition of the small parcels to the reserve “are strategic for enforcement.”
“A lot of weird stuff happens before the official Na Ala Hele trail starts,” Landon added, referring to the Hoapili trail that starts at Keoneʻoʻio (La Perouse Bay). “Commercial activities. Archaeological sites that aren’t protected. Right now, cultural sites that are connected to ones in the reserve, but are on the fringe, are not being protected, cultural resources on both north and south sides, with a high concentration on the Keoneʻoʻio side.”
Both NARS staff and the Division of Forestry and Wildlife have endorsed the additions as a helpful tool in managing the situation, he said. He stressed that the “entrenched homeless” posed an ongoing problem. All the neighbors in the area supported the expansion in informal meetings, he added.
The commission unanimously voted to forward its recommendation for approval to the BLNR.
(On the same day as the NARS Commission meeting, August 18, the Maui County Council’s Planning and Sustainable Land Use Committee heard a resolution asking the county’s three island planning commissions to weigh in on a proposed ordinance to ban “mobile vacation dwellings.” The measure was deferred, with the planning commissions already considering limits on campers in a bill limiting vacation rentals.)
Kanaio NAR Expansion
About 440 acres are proposed to be added to Maui’s Kanaio NAR, on the southwestern flank of Haleakala. Unlike the other lands proposed for NAR inclusion, which are all in the state Conservation District, this area is unencumbered land in the state Agricultural District. Until 1994, it was under lease to Ulupalakua Ranch for pasture purposes. “However,” the staff report states, “much of the area proposed for addition to the reserve was of limited value as pasture due to the rocky terrain.”
The oddly shaped parcel would allow for management to extend efforts to protect and restore the dryland forest that once characterized the area. As the report notes, “Historically, the leeward dryland forest of Maui was one of the richest areas in native tree species in the state. Dr. Joseph Rock, in The Indigenous Trees of the Hawaiian Islands, identified the Auwahi region on the southern slope of Haleakala as one of the most important botanical sites in the islands, even though it had been seriously degraded by browsing goats and cattle and by fire when he first saw it in 1910.”
The area proposed for addition to the existing NAR “will facilitate management for invasive plants, particularly black wattle (Acacia mearnsii),” the report states. “The area within the NAR has had extensive wattle control, however, this proposed area has sizable wattle populations which blow seeds into the existing NAR areas.” The remnant ʻohiʻa forest in the upland section could be restored with management, while the ʻaʻa flow at the west end of the addition area also has remnant native species.
The addition wraps around the existing Auwaui reserve on the north and eastern sides. There, private restoration efforts have been going on for decades, with spectacular results.
The commission forwarded the proposal to the BLNR with its recommendation for approval.
Puʻu AliʻI Expansion
The proposal to expand the existing Puʻu Aliʻi NAR on the north shore of Molokaʻi by adding some 2,000 acres that make up Waikolu Valley was the only item on the commission’s agenda that attracted public testimony.
Lori Buchanan, a Molokaʻi resident and coordinator for the Molokaʻi/Maui Invasive Species Committee, asked that action on the proposal be deferred to allow further outreach to the Molokaʻi community. Although she said that she supported the expansion, “I want also to tell NARS Commission members there’s a big disconnect between the public and the NARS.”
“Deferment of designation is a deferment of our ability to manage,” Yuen responded. “The way I envision this step is, the NARS Commission itself is a scientific advisory board that gives the first decision-making ability on whether land itself is valid, from a scientific perspective, to be included in the Natural Area Reserves System. Only after you folks approve do we then interact with the public. We want to make sure it has that first standard of oversight. …
“We’re very short staffed. I’m the only admin person. And I’m only able to do the bare minimum for what’s required to hold these meetings.”
Commission members strongly supported the proposal. Hart stated that Waikolu Stream “is the most significant in biodiversity that I’ve ever seen in the state.”
Landon pointed out the difference between managing the area as a part of the state Forest Reserve system – of which it already is a part – and managing it as a NAR. The NAR designation “puts a higher priority on ungulate control, managing for threatened and endangered species, invasive species control. … Another good reason for this is, there’s not a lot of areas in the forest reserve where you protect streams from their source to the ocean. This is a prime example of a place we can do this. This is one of the nicest water sources that exists on a very dry island. There’s a whole lot of reasons why this should go into a NAR.”
A motion was made, and approved, to move forward with the proposal, “with an emphasis on public outreach” before it reaches the Board of Land and Natural Resources for a final decision.
The Commission’s Future
“The governor’s office has requested a review of all commissions, committees, councils, and other groups to see whether they are still necessary, in the effort to streamline government operations.” In her submittal to the commission, Yuen referred to that request as the apparent impetus for reviewing the NARS Commission’s reason for existence.
In addition, Yuen noted that she had had to assume the duties of three staff positions in light of resignations and staff cuts. “We did get some back last [legislative] session” she noted, “but it will take time to fill them.”
The commission is established by Hawaiʻi Revised Statutes §195-6, with its powers and duties set forth in HRS §195-7. Among other things, the commission is to: set forth criteria for determining if an area is suitable for inclusion in the NAR system; establish policies relating to the management of and permitted uses within the reserves; and advise public agencies, including the DLNR, on the areas under their jurisdiction that might be appropriate for NAR system inclusion.
Meetings in recent years have been far less frequent than in years past, Yuen wrote, noting that, “even before the pandemic there was a trend of fewer meetings. … One potential reason for this trend is that the commission has delegated many permitting authorities to the division. Additionally, commissioners infrequently call for meetings to be held to discuss items.”
What’s more, the commissioners do not necessarily need to hold meetings in order to make recommendations to the DLNR, Yuen continued. “For example, if a commissioner is an expert on seabirds, staff may decide to seek advice on an issue directly with the commissioner rather than call a meeting to discuss that topic. Further, there are a growing number of other conservation-related focus groups, such as the Hawaiʻi Rare Plant Restoration Group, which serve as informal advisory bodies for many of the conservation topics that the NARS Commission would otherwise address. While these advisory bodies do not have the same authority as the commission, they provide a more flexible way to gain outside expertise on an issue.”
Staff within the Division of Forestry and Wildlife also provide policy recommendations “on all matters of natural area protection, including identifying new NARS, submitting legislative proposals and budget requests, and identifying management actions to protect these areas,” Yuen’s report goes on to say. “The historical trend of the commission affirming the staff recommendation for most items reflects that shift towards reliance on the civil service staff to manage and make decisions for the NARS.”
Other points raised in her report note that while NARS Commission meetings are subject to the state Sunshine Law, “there has been very little public attendance or testimony in these meetings.” Eliminating commission meetings still allows for public input when NARS proposals are brought to the Land Board and, in the case of board approval, when the required public hearing on a proposed NAR is held.
The Legislature has eliminated the position of NARS executive secretary, the sole staff position dedicated to managing the commission, Yuen wrote: “The formal process of managing nominations, adhering to Sunshine meeting requires, and other duties of holding a commission [meeting] detracts from the department’s capacity to dedicate toward direct natural resource management.”
“This is just a status check,” Yuen told the commissioners, adding that she wanted to see “what you folks feel the benefits of the commission are, whether you want things to change in the future. How you see your role. It’s fine to go with the status quo if that’s what you want to do.”
Commissioner Hart said he felt that several of the commission’s legally enumerated powers “are a little antiquated as to where the state has gone since the commission was formed. … I think a lot of what the powers and duties of the commission are have been coopted already by other agencies. We are kind of here as a little bit of a rubber stamp, unfortunately, for a lot of this. At the same time, I feel there’s value in having a commission to move all of these requests forward. … Overall, it’s too early to abolish it. I want to think about it.”
Mary Lou Kobayashi, representing the Office of Planning and Sustainable Development, agreed that it was good to keep the status quo, although it might be appropriate to review the commission’s powers and duties, “in light of them being 50 years old.”
Other commissioners agreed.
As the meeting drew to a close, commissioners and Yuen took time to reflect on losses to the program since the last meeting. Betsy Gagnè, for years the NARS Commission executive secretary, passed away in March 2020. Earlier this year, Fern Duvall, the NARS manager on Maui, died, just months after retiring. And just a few weeks before the commission’s meeting, former NARS commissioner Dieter Mueller-Dombois, a champion of Hawaiʻi’s native forests, passed away. Finally, there was the recent death of former commissioner Nate Yuen, a self-taught naturalist, avid hiker, and a photographer whose work did much to advance the public’s appreciation and understanding of Hawaiʻi’s natural resources.
— Patricia Tummons
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