Ka'u koa logging may cost Damon Estate

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — The state is proposing to fine the Samuel M. Damon Estate nearly $350,000 for illegal logging of koa and other trees on estate lands in Ka'u unless the estate comes up with a plan to restore the forest.

Johns is also a former chairman of the state Board of Land and Natural Resources and is still a member of the board, which this week will consider imposing the fines.

Johns said he has not been involved in any negotiations with the state over the fines or restoration plan, and has recused himself from all land board actions in connection with the matter.

In a report to the BLNR, staff members called the logging on about 500 acres of protected conservation land on Kahuku Ranch without a required state permit "inexcusable under any circumstances." The report proposes separate fines for each of the 712 native trees that were cut or knocked down during the operation.

A logging road also was built without a state permit, according to the report, and state officials are separately investigating illegal logging of an additional 200 koa trees on adjoining state land.

The state could impose a maximum fine of $1.42 million, or $2,000 per tree, and a $2,000 fine for building the logging road, according to the report.

However, since there is no evidence estate officials knew the logging was taking place on conservation lands, the report proposes fines totaling $335,000 and an additional $13,500 to repay the state for its cost in investigating and documenting the violation.

The report also proposes that the board offer the Damon Estate a choice of launching a reforestation project to restore the 500 acres in lieu of the fines. The estate would still be required to pay the cost of the investigation.

A growing demand for koa has caused the price of the popular hardwood to soar in recent years, creating pressure for additional logging and a black market for the wood.

The Damon Estate's Kahuku Ranch lands are protected under the conservation classification because the kipuka, or forested areas surrounded by old lava flows, provide a watershed and habitat for native species.

Damon Estate officials contracted with Big Island resident Steve Baczkiewicz to harvest dead or dying koa on estate land, but according to the staff report, Baczkiewicz and estate officials said they thought the trees were on agricultural land.

Instead of taking only dying trees, "it appears the loggers harvested all of the trees that had economic value," the report said.

Johns said ranch workers initially marked only dead or dying trees for harvesting, but "maybe five years ago that process broke down and wasn't done anymore." That left it up to Baczkiewicz to select trees for cutting.

"I think from his side it's pretty hard to tell where the boundaries are up there," Johns said. "It's pretty wild country, it's a 117,000-acre ranch and we're talking about 500 acres of it above the 5,000-foot level."

"From our side, we've got six cowboys working that whole ranch, and we weren't following him around."

Baczkiewicz declined to comment on the case yesterday, saying he wants to see how the issue plays out before the land board.

Damon Estate reported receiving more than $372,000 from Baczkiewicz from 1992 to 2001 for the right to harvest the trees.

Johns noted the National Park Service is buying the ranch land, and the park service may have its own ideas about how the property should be managed.

"It may be easier just to pay the fine; I'm not sure what we're going to do," Johns said.

"I think the facts speak for themselves ... I went up there myself and looked at it and it's clear the trees were cut and there was no permit," Johns said. "I mean, that's pretty black and white."

The BLNR will consider the issue at its meeting Friday in Honolulu.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.