hawaiioceanlaw.com

Big Island Ocean Aquaculture Project - Draft EIS Available

This month's Environmental Notice contained an interesting project involving aquaculture in ocean waters near the Big Island, Hawaii.

From the note:

Hawaii Oceanic Technology, Inc. proposes to produce Yellowfin and Bigeye tuna in which the fingerlings are grown in land-based tanks then grown out to market size in offshore submerged cages, that are self-powered un-tethered "Oceanspheres." The proposed ocean lease site is a one square kilometer (247-acre) site, located 2.6 nautical-miles offshore Malae Point, North Kohala which is outside of the designated whale sanctuary. Twelve Oceanspheres will be deployed incrementally over four years, culminating with an annual production capacity of 6,000 tons.

The note has a link to the draft EIS for the project which requires permits from both the State and Federal governments.  The applicant's website has some illustrations:

Commenters must do so in 45 days and should direct comments to the applicant:  Hawaii Oceanic Technology, 425 South Street, Suite 2902, Honolulu, HI 96813. Contact: Bill Spencer, Chief Executive Officer, Tel: 225-3579, Fax: 528-4751.

TWIC Implementation Update - Hawaii and Beyond

Yesterday was the implementation date for TWIC's in Hawaii. [There is even a large electronic sign on Sand Island Access Road warning drivers of such].

The Transportation Worker Identification Credential is a post-9/11 requirement to enhance security of critical infrastructure, especially the nation's harbors.  Per the Coast Guard, no problems were reported at any Hawaii harbors.  This is likely due to an overwhelming majority of harbor users enrollment in the program, noted here.

American Samoa, on the other hand has some interesting issues.  Per customshouse blog, implementation of the TWIC in American Samoa has been delayed, citing immigration status and concerns whether the TWIC should even be a requirement.

I posted about the TWIC program earlier here, here, and here.

The Warming Arctic and the Law - New Frontier and New Strategy?

With the news that the Arctic may be increasingly free of ice, there have been several policy statements in recent weeks regarding U.S. policy in the region. 

The day before President Bush left office, he issued a statement regarding U.S. policy in the Arctic (reported in Washington Post here).   The statement was published on the White House website, but appears to be under review.

Per the Commandant of the U.S. Coast Guard's statement:

The retreat of annual sea ice has created new areas of open water where the Coast Guard has statutory responsibilities. The new policy is recognition of changing conditions in the Arctic region and the implications for our Nation. This directive will guide our current operational activities in the region and guide the allocation of current and future resources to meet mission demands.

For some overview materials, here are some resources.  A Coast Guard officer published a great essay on the geo-political and strategic issues in the Arctic region in Joint Forces Quarterly.  Heritage published a report available here.

Definitely one to watch.  The Northwest Passage has been a storied navigational opportunity for centuries.  With transportation costs being driven by increasingly volatile oil prices, shorter navigational routes are in high demand.   Sending commercial ships to the Arctic seems inevitable, so the international community should tackle the policy issues sooner rather than later.

New Suggestion for a National Ocean Policy - Bill Introduced in Congress

A bill, HR 21 (download bill), has been introduced calling for a National Ocean Policy with requirements for a Commission, comprehensive planning and even a postage stamp.

Per the bill:

The purpose of this Act is to secure, for present and future generations of people of the United States, the full range of ecological, economic, educational, social, cultural, nutritional, and recreational benefits of healthy marine ecosystems, by—

(1) establishing and implementing a National Ocean Policy;

(2) promoting ecologically sustainable ocean resource use and management by strengthening and empowering ocean governance on regional and Federal levels;

(3) promoting ecosystem-based approaches to management of United States ocean waters, coastal waters, and ocean resources; and

(4) establishing an ocean and Great Lakes conservation trust fund to support the purposes and policies of this Act.

Certainly one to watch during the upcoming Congressional session.

Speaking Event: Zoning, Subdivision and Land Development Law in Hawaii

On February 20, 2009, I will be speaking at our annual presentation on Zoning, Subdivision and Land Development Law in Hawaii.  You can register here.

Joining me are my Damon Key colleagues, Robert Thomas, Gregory Kugle, Noelle Catalan and Robert Harris (Damon Key alum).  I will be presenting on current issues involving the various counties in Hawaii, specifically addressing affordable housing exactions, condemnation, vacation rentals.  Shoreline issues typically come up in questioning.

If you attend, please introduce yourself.