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Issuance of Commercial Aquarium Permits for the Island of O'ahu

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Issuance of Commercial Aquarium Permits for the Island of O'ahu .I ,, SUZANNED. CASE DAVID\'. IGE ~ Cll,\IRl'I.R"iON GClVl·RNOM. <II I Akll<ll LANIJ,\NIJN,\lllR\I Rl\lU IIUl'i IL\ W \11 f i l E Cnt" Jj P (<JP,,i ISS UlNIJN\\'ATI.RRl"i(JllRl' l· M\N\filt.llNT ROJIERT Ji . MASUDA 11RSTl>f·J'1 t rt JEFFRE\' T. PEARSON, P.F.. l>l:Plrt'Y UUU:l fl IR \\ \11 R A(JIJATll Rl:.St>l !Rl l}\ l!IIATlNG ,\Nil IK_I AN REl"RI AilllN HI REA1 11JI {IINVl:Y,\NCl-"i l"lJt,.lr-.llSSUIN IIN WATI.R Rl _"illllRCh M \N,\l,I.MI NT roNSl:RV,\flON ,\NDCO,\STAI L\Nl>S l"<JN"iEHVATlllN \NI> Rl .\l>l lRCI "i I.NJ:clR< l.MMH I.NlilNI l'.RlNl, STATE OF HAWAII 1:11RI_\ rnv ANll WU Ill lll IIISTl>IUC PRbSLRVATU JN DEPARTMENT OF LAND AND NATURAL RESOURCES KAIII IC II ,\WI l'ilANIJ RI 'ii RVrn>MML'i~ l( ,r,,,: I.\NIJ POST OFFICE BOX 621 ST.\n PAHK'i HONOLULU. HAW All 96809 March 27, 2018 Mr. Scott Glenn Director, Office of Environmental Quality Control Department of Health, State of Hawai'i 235 S. Beretania Street, Room 702 Honolulu, Hawai'i 96813 Dear Mr. Glenn: With this letter, the Hawaii Department of Land and Natural Resources hereby transmits the draft environmental assessment and finding of no significant impact (DEA-AFONSI) for the Commercial Aquarium Fishery in the Honolulu, Ewa, Wai'anae, Waialua, Ko'olauloa, and Ko'olaupoko Judicial Districts on the island of O'ahu for publication in the next available edition of the Environmental Notice. This draft Environmental Assessment has been prepared by the applicant Pet Industry Joint Advisory Council on behalf of Hawai'i fishers. Though it proposes a FONSI, DLNR has identified several concerns in the DEA, and specifically requests public comment concerning: (1) the effects of the Commercial Aquarium Fishery on Flame Wrasse (Cirrhilabrusjordam) and Yellow Tang (Zebrasoma flavescens) and the estimated rate of annual take; (2) the adequacy of the analysis presented in this DEA, including but not limited to removal and replenishment rates for vulnerable species; specifically, how is the estimated sustainable range of 5% to 25% annual take of the estimated total population arrived at, and should the threshold be 5% or 25%; (3) the interpretation of data presented in this DEA, including the analysis of NOAA NMFS Coral Reef Ecosystem Project (CREP) data versus DLNR Division of Aquatic Resources West Hawai'i Aquarium Project (WHAP) data; and 1 Mr. Scott Glenn Hawai'i OEQC March 27, 2018 Page 2 (4) conservation measures to minimize or avoid impacts to target species and specifically, whether other alternatives might be proposed to minimize or avoid impacts other than the two presented of no action, with no aquarium permits issued, and the preferred alternative of programmatic issuance of aquarium permits for the Island of O'ahu - such as consideration of specific management measures for Flame wrasse, Yellow tang and other species. Through this letter DLNR also solicits new or additional scientific information concerning the effects of the Commercial Aquarium Fishery on the environment. DLNR will fully consider all public comments and information submitted prior to finalizing this analysis. Simultaneous with this letter, we have submitted a completed OEQC Publication Form, two copies of the DEA-AFONSI, an Adobe Acrobat PDF file of the same, and an electronic copy of the publication form in MS Word. In addition, we have submitted the summary of the action in a text file by electronic mail to your office. If there are any questions, please contact David Sakoda at 808-587-0104. Sincerely, ~ ~(),{cc, Suzanne D. Case Chair Hawai'i Department of Land and Natural Resources Enclosures Cc: Jim Lynch, KL Gates LLP 2 FILE COPY 1i --'/ From: [email protected] To: HI Office of En'{m)llmel)tal Qua1ity Cootrcl Subject: New on line submission for The Environmental Notice Date: Tuesday, March 13, 2018 10:13:52 AM Action name Issuance of Commercial Aquarium Permits for the Island of O'ahu Type of document/determination Draft environmental assessment and anticipated finding of no significant impact (DEA-AFNSI) HRS §343-S(a) trigger(s) • (1) Propose the use of state or county lands or the use of state or county funds • (2) Propose any use within any land classified as a conservation district Judicial district Statewide Tax Map Key(s) (TMK(s)) NIA Proponent type Applicant Permit(s)/approval(s) • Other Approving agency Hawai'i Department of Land and Natural Resources Agency contact name David Sakoda Agency contact email day1d sakoda@hawai1 gov Agency contact phone (808) 587-0104 Agency address 1151 Punchbowl Street, Room 330, Honolulu, Hawai'i 96813 United States Mm.1.1 Applicant Pet Industry Joint Advisory Council (PIJAC) Applicant contact name James Lynch Applicant contact email 1•m ly:nch@klgates com Applicant contact phone (206) 370-6587 Applicant address 1615 Duke St. , #100 Alexandria, Virginia 22314 United States Maru1 Was this submittal prepared by a consultant? Yes Consultant Stantec Consulting Services Inc. Consultant contact name Terry VanDeWalle Consultant contact email terry [email protected] Consultant contact phone (319) 334-3755 Consultant address 2300 Swan Lake Blvd ., Suite 202 Independence, Iowa 50644 United States Mal2..1t Action summary On September 6, 2017, the Supreme Court of Hawai'i ruled that aquarium collection using fine meshed traps or nets is subject to the environmental review procedures provided in the Hawai'i Environmental Protection Act (SCWC-13-0002125). This Draft Environmental Assessment (DEA) is prepared in response to the Court's ruling. This DEA evaluates the impacts of issuance of Commercial Aquarium Permits on the island of O'ahu. The Applicant, with oversight from DLNR, has prepared this DEA to inform the public of the proposed action (i.e., issuance of Commercial Aquarium Permits), the impacts of the proposed action and its alternatives, and to seek information from the public in order to make better informed decisions concerning this DEA. Reasons supporting determination See Section 5.5 and related sections of DEA. Searchable PDF(s) • Qraft-Eovieoomental-Assessment Oahu 03132018 odf Draft-Environmental-Assessment_ Oahu_0313201 81 pdf • Draft-Env,ronmental-Assessment Oahu 0313201s2oof • Praft:Eo 111ronmental-Assessment Oahu 031320183.oof • Oahu-Transmittal-Letter--signerl pdf Shapefile upload • Actio0::LocatioQ::Map Oahu Z!P Authorized individual James Lynch Proponent PIJAC Authorization • The above named authorized individual hereby certifies that he/she has the authority on behalf of the identified proponent to make this submission. Draft Environmental Assessment Issuance of Commercial Aquarium Permits for the Island of O’ahu March 13, 2018 Applicant Name: Pet Industry Joint Advisory Council (PIJAC) Address: 1615 Duke St., #100 Alexandria, VA 22314 Phone: 202.452.1525 Approving Agency Hawai'i Department of Land and Natural Resources Division of Aquatic Resources 1151 Punchbowl Street, Room 330 Honolulu, HI 96813-3088 APPLICANT PUBLICATION FORM Project Name: Issuance of Commercial Aquarium Permits for the Island of O’ahu Project Short Name: DEA O’ahu Commercial Aquarium Permits HRS §343-5 Trigger(s): Trigger 1 (use of state lands) and Trigger 2 (use of conservation districts) Island(s): O’ahu Judicial District(s): Honolulu, Ewa, Waianae, Waialua, Koolauloa, Koolaupoko TMK(s): Fishing areas around O’ahu identified in Figure 1 Permit(s)/Approval(s): Aquarium Fishing Permits issued pursuant to HRS §188-31, Commercial Marine License issued pursuant to HRS 189-2,3 Approving Agency: Department of Land and Natural Resources Contact Name, Email, David Sakoda, [email protected], 808-587-0104,1151 Punchbowl Street, Room Telephone, Address 330, Honolulu, HI 96813 Applicant: Pet Industry Joint Advisory Council (PIJAC) on behalf of fishers Contact Name, Email, Jim Lynch; [email protected]; 206.370-6587; 925 Fourth Ave., Suite 2900 Seattle, Telephone, Address WA 98104 Consultant: Stantec Consulting Services Inc Contact Name, Email, Terry VanDeWalle; [email protected]; (319) 334-3755; 2300 Swan Lake Telephone, Address Blvd., Suite 202, Independence, IA 50644 Status (select one) Submittal Requirements _XX_ DEA-AFNSI Submit 1) the approving agency notice of determination/transmittal letter on agency letterhead, 2) this completed OEQC publication form as a Word file, 3) a hard copy of the DEA, and 4) a searchable PDF of the DEA; a 30-day comment period follows from the date of publication in the Notice. ____ FEA-FONSI Submit 1) the approving agency notice of determination/transmittal letter on agency letterhead, 2) this completed OEQC publication form as a Word file, 3) a hard copy of the FEA, and 4) a searchable PDF of the FEA; no comment period follows from publication in the Notice. ____ FEA-EISPN Submit 1) the approving agency notice of determination/transmittal letter on agency letterhead, 2) this completed OEQC publication form as a Word file, 3) a hard copy of the FEA, and 4) a searchable PDF of the FEA; a 30-day comment period follows from the date of publication in the Notice. ____ Act 172-12 Submit 1) the approving agency notice of determination letter on agency EISPN (“Direct to letterhead and 2) this completed OEQC publication form as a Word file; no EA is EIS”) required and a 30-day comment period follows from the date of publication in the Notice. ____ DEIS Submit 1) a transmittal letter to the OEQC and to the approving agency, 2) this completed OEQC publication form as a Word file, 3) a hard copy of the DEIS, 4) a searchable PDF of the DEIS, and 5) a searchable PDF of the distribution list; a 45-day comment period follows from the date of publication in the Notice.
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