Logging fines may be close to $150,000
By Timothy Hurley
Advertiser Staff Writer
The state is recommending that an O'ahu company be fined nearly $150,000 for illegally cutting down 135 koa trees in the same South Hilo forest where the firm is proposing to conduct legal harvesting operations.
The Board of Land and Natural Resources will consider fining Koa Timber Inc. of Kapolei when it meets Friday in Honolulu.
The proposed fines are for the logging of 13 acres of state conservation district land in 2000 on the eastern slope of Mauna Kea, where 137 native trees were cut down, including 135 koa and two 'ohi'a trees. The company also is accused of unauthorized grading and road construction.
The company's application to conduct a sustainable commercial koa forestry operation on 13,129 acres in the area has been put on hold pending the outcome of the enforcement action, officials said.
While neither Koa Timber owner Kyle Dong nor his attorney could be reached for comment yesterday, a Department of Land and Natural Resources staff report says the company contends the violations stem from a misunderstanding on the location of the conservation district boundary.
There was no intent to log illegally, company officials told state investigators. Rather, according to the report, the problem occurred when loggers mistook their location while intending to work on neighboring lands where logging is allowed without a permit.
The staff report calls the company's actions "inexcusable under any circumstances," but says there's no evidence that Koa Timber willfully violated the law.
While a fine of $2,000 can be levied for the destruction of each native tree that has wood more than 6 inches in diameter, the land board staff is recommending a fine of $1,000 per tree because, according to the report, there is no reason to believe the work was conducted in a flagrant manner and because Koa Timber cooperated with investigators.
Broken down, the proposed fines include $135,000 for the felled trees, $2,000 for unauthorized grubbing and grading, $2,000 for unauthorized road construction and $8,431 for administrative costs, including staff time.
The company also will be required to restore the 13 acres to its natural condition. According to the staff report, the company has planted nine reforestation plots at the location since 2001.
Koa Timber's plan for a koa-logging operation has been a source of controversy since it was proposed three years ago for the forested slopes 10 miles north of Hilo, in the South Hilo district.
While Dong has promised to use helicopter harvesting, control invasive species and minimize impacts on native species, environmentalists have attacked the proposal, saying the trees in one of state's largest koa stands should be left alone. The U.S. Fish and Wildlife Service also expressed concern that logging could compromise the neighboring Hakalau Forest National Wildlife Refuge.
Reach Timothy Hurley at thurley@honoluluadvertiser.com or (808) 244-4880.
