We Can Have It All: Ag, Public Access And Forest Protection (op-ed)

But it requires Hawaii legislators to vote “no” on transferring DLNR lands to the DOA for pasture.

By Moana Bjur

Community Voice Editorial for Civil Beat

July 7, 2020 · 4 min read

Our public lands should be put to the highest and best use for the public trust.

A bill being heard this Legislative session would transfer 45,000 acres of public lands that have native Hawaiian cultural resources, public trails and hunting areas, endangered species, and native forests, to the state Department of Agriculture, whose mission is solely agriculture. These lands have been managed for over a century by the state Department of Land and Natural Resources, which provides these lands to ranchers while also protecting the multiple resources these lands have to offer.

House Bill 2035, HD1, SD1 seeks to transfer 11 parcels of state land — leased to four ranches on Hawaii island — from the DLNR to the DOA.

First, the singling out of these four ranches raises questions. In fact, it may be unconstitutional. Article XI, section 5, of the Hawai‘i Constitution prohibits special legislation favoring some, and passing this bill may expose the state to lawsuits.

The DLNR has been leasing these lands for decades to these ranchers, while ensuring that many community benefits remain protected. For example, the DLNR negotiates with Kapapala ranch to continue to allow public access to roads used by the Kau community to access the forest, and to the Ainapo Trail. This trail is so significant that it is on the National Register of Historic Places because it is the traditional Hawaiian route to the Mauna Loa summit, used to provide offerings to Pele during eruptions.

The DLNR also has negotiated to allow public hunting across 28,000 acres of this ranch, contributing to Hawaii’s food self-sufficiency and a much-loved recreation area used by generations of local families. Because DLNR’s mission includes public hunting and trails, these features are protected. If the lands go to DOA, would those lease terms for public access remain, or would the public access signs be replaced by “no trespassing” signs?

‘Watershed Partnership Plans’

Over 10,000 acres of the lands proposed to be transferred are native rainforests, intact enough to include endangered forest birds and plants. DLNR has been working with the ranchers to set aside these old growth forests, or create sustainable agro-forestry and carbon sequestration projects.

With climate change and species extinction threatening our planet, is it appropriate to convert some of Hawaii’s last remaining native rainforest to DOA?

Ranchers say that transfer to DOA will allow them to get more long-term leases at cheaper rents, potentially because DOA is able to directly negotiate with tenants to extend leases, rather than having to competitively auction lands once leases end. DLNR could also get that authority, and has proposed that solution through HB 2358 or Senate Bill 2914.

The bill requires “watershed partnership plans” be created and implemented. However, this is meaningless without a requirement on who approves those plans or the amount of funds that the ranch must contribute.

Ranchers mention that they will still be required to implement “conservation plans” if the lands go to DOA. This is untrue. Many ranches do not have any conservation plans. The plans some of them have are short-term voluntary soil plans made with the Federal Natural Resources Conservation Service, that the ranches can choose not to renew. Since these lands do not have the regulatory protections provided by the Conservation District, they could be clear-cut and grazed to the dirt without needing any further approvals.

Much is to be lost if these precious lands are transferred.

Bill proponents say this will institute the intention of a law passed 17 years ago (Act 90) which set a process for the transfer of certain leases in the Agricultural District from the DLNR to the DOA. Again, not true. That law recognized that some of these lands are not appropriate to transfer, so required that the DLNR must approve of the transfers. DLNR has already transferred 18,000 acres, but does not support the transfer of some of these lands because of their multiple natural and cultural values that should be protected for the public.

Much is to be lost and little gained if these precious natural lands are transferred to DOA. We can continue to have ranching while also protecting native Hawaiian cultural resources, public access and hunting, endangered species and forests if these lands remain under DLNR.