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The Honolulu Advertiser
Posted on: Saturday, July 12, 2008

3 fined $3K each for taking rocks

By Dan Nakaso
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Three Kane'ohe men face fines for attempting to transport rocks from the Paukukalo Shoreline in Waiehu, Maui, back to O'ahu in pickup trucks via the Hawaii Superferry. They say most of the rocks were taken with permission.

J. Yamamoto

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Three Kane'ohe men accused of illegally taking rocks from a Maui conservation district last year each will be fined $3,050, the state Board of Land and Natural Resources decided yesterday.

The case, however, will likely now be presented to a hearings officer, who could reduce or increase the amount of fines.

"The attorneys representing the three respondents have asked for a contested case hearing," said Laura H. Thielen, chairwoman of the Department of Land and Natural Resources, in a statement. "That process generally takes between four to six months. The hearing officer would hold an administrative hearing and then make a recommendation to the Land Board for final decision."

The allegations drew attention across the state because Superferry opponents used them as an example of how the Superferry could indirectly aid in the transportation of "cultural resources" and invasive species between the islands, among other concerns.

On Aug. 28, Charlie K. Bright, Ralph Chun and Victor Fonoimoana allegedly took 934 river rocks from the Paukukalo Shoreline in Waiehu, placed them in three pickup trucks, covered them with tarps and then drove to the Hawaii Superferry's Kahului terminal for a return trip to O'ahu.

Bright told the branch chief of the Division of Conservation and Resources Enforcement, or DOCARE, that they needed to replenish rocks for a church imu.

He said their trip was prompted by the Superferry's special $5 fares.

"Our bishop told us to come to Maui to get imu rocks because ours is old already, about 10 to 12 years old," Bright was quoted as saying in a report to the land board. "When they had the $5 ferry fares, our bishop said this is one good time to go to Maui to get new rocks. So we came to Maui. We went to Paukukalo because our bishop knew about this place. We use the rocks to kalua pig for the Boy Scouts to support them through our fundraisers. We had good intentions. It was for a good cause. We didn't know it was illegal or that we needed a permit."

According to the report, Chun told DOCARE that "I've been diving at that spot for years and thought the ferry was a great way to get the rocks back to Hono-lulu because Honolulu does not have these types of rocks. ... We make imus to kalua and to help children on O'ahu."

TAKEN FOR CULTURAL PURPOSE

DOCARE's Maui Branch was alerted to the rocks on Aug. 31 after receiving a complaint from the Maui Sierra Club. An off-duty DOCARE officer who was surfing at a nearby spot called "River Mouth" on Aug. 27 also reported seeing people along Waiehu loading rocks into three pickup trucks.

The trucks remain in state custody until the fines are paid, according to the report to the land board. The rocks are still stored on Maui.

Attorney Thomas Otake, who represents Bright, told the board yesterday that the men had written permission to take rocks from land belonging to a private landowner, whom Otake did not identify.

But Otake acknowledged that about 200 of the 900 rocks did come from public conservation land.

"They didn't do it for any financial gain," Otake said.

He called the men "as good as they come."

Prompted by a question, Otake said his client will claim to have been following traditional cultural practices.

Former city prosecutor Keith Kaneshiro, who represents Chun and Fonoimoana, told board members that he did not want to make a presentation yesterday because of the possibility of criminal charges.

Board member Timothy Johns told Kaneshiro that attorney fees for his clients to go through a contested hearing could run well past the $2,000 fine imposed yesterday, as well as the $1,050 assessed per man to cover administrative costs.

Superferry officials declined comment.

Reach Dan Nakaso at dnakaso@honoluluadvertiser.com.