© 2016 State of Hawai‘i Department of Land and Natural Resources
Office of Conservation and Coastal Lands
Lead Authors: Trisha Kehaulani Watson and Michael Cain
Contributing Authors: Sam Lemmo, Leilani Doktor, Brenda Asuncion,
Luka Mossman, Jillian Lyles, Natalie Farinbolt, and Jack Kittnger
Graphic Designer: B. Kanai‘a Nakamura

Reproduction of this publication for educational or other non-commercial uses is
authorized without prior written permission from the copyright holder(s) provided
the source is fully acknowledged.
Reproduction of this publication for resale or other commercial purposes is
prohibited without prior written permission of the copyright holder(s).
The views expressed in this publication do not necessarily reflect those of the
Department of Land and Natural Resources, Conservation International Hawai‘i,
National Marine Sanctuaries Pacific Islands Region, Honua Consulting, National
Marine Fisheries Services Pacific Island Regional Office, the Office of Hawaiian
Affairs, and Kamehameha Schools. The guidance provided herein is for informational
purposes only.
THE DEVELOPMENT AND PUBLICATION OF THIS GUIDEBOOK WAS MADE POSSIBLE
BY SUPPORT FROM CONSERVATION INTERNATIONAL HAWAI‘I, DEPARTMENT OF
LAND AND NATURAL RESOURCES, NATIONAL MARINE SANCTUARIES PACIFICISLANDS REGION, HONUA CONSULTING, NATIONAL MARINE FISHERIES SERVICESPACIFIC ISLAND REGIONAL OFFICE, THE OFFICE OF HAWAIIAN AFFAIRS, AND
KAMEHAMEHA SCHOOLS.

Recommended Citation:
Watson, T., M. Cain, S. Lemmo, L. Doktor, B. Asuncion, L. Mossman, J. Lyles, N.
Farinbolt., and J. Kittinger. (2016). Ho‘āla Loko I‘a: permit application guidebook.
State of Hawaii, Department of Land and Natural Resources, Office of Conservation
and Coastal Lands. Honolulu, HI.

Printed in Honolulu, Hawai‘i by ‘Āpuakēhau
4348 Wai‘alae Ave #254 Honolulu, Hawai‘i +1 (808) 392-1617
ISBN: 978-0-9979270-2-3

ACKNOWLEDGEMENTS
In 2012, a dedicated group of individuals and organizations united to overcome difficulties
in obtaining approvals to maintain and restore Hawaiian fishponds. This guidebook marks
the beginning of what we hope will be a new day in Hawaiian fishpond revitalization. We
would like to thank and acknowledge some of those who have contributed to this effort.

U.S. Senator Brian Schatz
U.S. Representative Tulsi Gabbard
Governor David Y. Ige
Representative Jarrett Keohokalole
Senator Brickwood Galuteria
Senator Laura Thielen
Senator Maile Shimabukuro
Senator Josh Green
Senator Gilbert Keith-Agaran
Representative Della Au
Representative Kaniela Ing
Representative Sylvia Luke2015 Hawai‘i State Legislature2012 Hawai‘i State Legislature
DLNR Chairperson Suzanne CaseDLNR Deputy Chair Kekoa Kaluhiwa
Michael Tosatto
Conservation International Hawai‘i
Office of Hawaiian Affairs
Kamehameha Schools
NMFS Pacific Islands Regional Office
ONMS Pacific Islands Region
Paepae o He‘eia
DLNR – Office of Conservation and Coastal Lands Staff
Honua Consulting Staff
Association of Hawaiian Civic Clubs
Hawai‘i Department of Health –Clean Water BranchState of Hawai‘i Office of Planning
Hawai‘i Institute for Marine Biology
State Historic Preservation Division
U.S. Army Corps of Engineers - Honolulu District
OfficeHawai‘i Shore and Beach Preservation Association
Ka Honua Momona
Waipā Foundation‘Ao‘ao O Nā Loko I‘a O Maui
Lāna‘i Culture & Heritage Center
Pūlama Lāna‘iHi‘ilei Kawelo
Keli‘i Kotubetey
Walter Ritte
Alan Everson
Dr. Gerry DavisDr. Jonathan Martinez
Dr. Alan Downer
Dr. Susan Lebo
Dr. Hal Hammett
William Ailā
Jesse Souki
Esther Kia‘āina
Dr. Sarah Courbis
Kanai‘a Nakamura
Ryan Gonzalez
Dave Penn
Dr. Damien Cie
Dr. Keiki-Pua Dancil
Kimokeo Kapahulehua
Rosanna Thurman
Issac Harp
Dr. Benton Keali‘i Pang
Fred Cachola
Dr. Rob Toonin
Dr. Florence Thomas
Allen Tom
Dr. Carlos Andrade
Joylynn Padman
Kepā Maly
Kurt Matsumoto
Tyler Paikuli-Stride
Ricardo Zanre
Kalaniua Ritte
Matt Sproat
Kulani Boyne

......................................................................................................................................

In 2015, the State of Hawai‘i completed streamlining thepermitting process for the repair, restoration, maintenance,and operation of loko i‘a (traditional Hawaiian fishponds)
throughout the entire pae‘āina of Hawai‘i. This guidebook
navigates you through this new streamlined process.
......................................................................................................................................

6

GENESIS AND INTENT
GENESIS AND INTENT OF HO‘ĀLA LOKO I‘A
Historically, fishponds have been subject to an extensive permitting process that takes large
amounts of resources and time to secure. The Department of Land and Natural Resources,
Office of Conservation and Coastal Lands (OCCL) and collaborators have developed a masterpermit for traditional Hawaiian fishponds that encompasses the main permits currently required.
This master permitting process and program is called Ho‘āla Loko I‘a. The program wasdesigned to be in compliance with as many of the federal and state regulations as possible
to make the permitting process easier to navigate for fishpond practitioners.
The Ho‘āla Loko I‘a Program was funded by Conservation International’s Hawai‘i program andcompleted by Honua Consulting, a local consulting group, with support from the Department
and staff from other state and federal agencies, including the National Oceanic andAtmospheric Administration (NOAA).

PROGRAM GOALSThe Ho‘āla Loko I‘a Program was designed with thefollowing six goals in mind:
1. Create a single permit that complies with therelevant state and federal requirements;
2. Fit the needs of practitioners and community
groups;
3. Incorporate enough flexibility to allow for innovation
in meeting current environmental challenges whilestill respecting the integrity of the fishponds;
4. Cover the “big three” activities that practitioners
were having difficulty in securing permits for:dredging, removal of invasive species that trigger
ground disturbances, and repair of severely
damaged walls;
5. Create no additional regulatory burdens or
requirements; and6. Be consistent with the Coastal Zone Management
federal consistency general concurrence for minor
federal permit activities for Hawaiian fishpond
restoration, repair, maintenance, and reconstruction.

Fishponds were things thatbeautified the land. A land withmany fishponds was called
momona (fat/fertile).”- Samuel Kamakau

PROGRAM ELIGIBILITYThe Ho‘āla Loko I‘a Conservation District Use Permit (CDUP) ST-3703 is a state-wide
programmatic permit for the repair, restoration, maintenance, and operation of traditional
fishpond systems in Hawai‘i. A Programmatic Environmental Assessment (EA) was also
completed to comply with the Hawai‘i Environmental Policy Act (HEPA). The CDUP and
Programmatic EA were designed to cover all existing traditional fishpond systems in the State.
The Board of Land and Natural Resources approved the process in June 2014. Practitioners can
now use a simplified Ho‘āla Loko I‘a Conservation District Use Application (CDUA) to apply for
permits under this programmatic permit.

......................................................................................................................................

Few things are as important to food security, community
resilience and ecosystem services as loko i‘a, or traditional
Hawaiian fishpond systems. Loko i‘a are essential featuresof a healthy ahupua‘a system......................................................................................................................................
The State of Hawai’i classifies land under different land use districts: Conservation, Agricultural,
Urban, and Rural. The State DLNR through OCCL is responsible for regulating and permitting
land uses in the Conservation District; the individual counties are responsible for land uses in
the other districts. As Ho‘āla Loko I‘a is a state-run program, only ponds in the Conservation
District can use this process. However, the program was developed to be consistent with thevarious county coastal zone management regulations, so practitioners should be able to use
the information in this guidebook to assist them in securing any necessary county permits.
Once OCCL receives an application, it will be assigned to one of three tiers for processing,as will be explained more in the next section.

8

APPLICATION AND REVIEW PROCESSThe Ho‘āla Loko I‘a Program takes a systemic view of fishponds. Permits that qualify under thisprogram are designed to encompass both the actual fishpond and other land uses and activities
traditionally associated with fishponds. These can include but are not limited to landscaping,gardening, stream maintenance, and the building of small hale.
Once an application is submitted to OCCL, the fishpond project is assigned a tier based on therestoration activities proposed. Next, you will find more information on what fishpond restoration
activities qualify under the program.

THE TIERED REVIEW PROCESSThe program identifies three tiers.

Routine Maintenance
Minor repair, restoration, maintenance, and operation
Construction/Placement of minor accesory structures
Stocking & harvesting with traditional method
Removal of invasive species
Fishpond repair, restoration, maintenance, and operation
to 10-50% of original structure
Fishpond repair, restoration, maintenance, and operation
to 50% of original structure
Dredging
Activity that alters sandy beaches or sediment deposition

9ROUTINE MAINTENANCE
ACTIVITIESTIER ONE ACTIVITIES

Activities that fall under routine maintenance do not

The first tier of activities will encompass mostrequire a permit from OCCL, but practitioners aremanual repair and maintenance activities. These

encouraged to secure a letter of acknowledgement

include:from OCCL.
• Replacement of small wall sections,• Basic data collection,• Replacement of individual rocks or other wall

• Stocking and harvesting with traditional methods,

materials• Removal of invasive species including chemical• Repair of gates and ‘auwai.

and mechanical control methods, not to exceed• Minor dredging by non-mechanized means

one acre,• Non-routine maintenance of vegetation• Minor repair, maintenance, and operation to• Construction or placement of minor structures

an existing structure, facility, use, land, and(not to exceed 600 square feet) that are

equipment, whether it is nonconforming oraccessory to the maintenance and operation

permitted, that involves mostly cosmetic work orof a loko i‘a,like-to-like replacement of component parts, and• Temporary emergency repair of breaches, andthat results in negligible change to or impact to• Removal of alien species (e.g. mangroves,land, or a natural and cultural resource,

invasive algae, kiawe, pickleweed, et al.) in• Basic land management, including routine weed

an area greater than one acre.

control, clearing of understory, and tree pruning,utilizing chemical and mechanical control methods,
which involves no grubbing or grading,• Planting of native and endemic plants and fence

Applicants should fill out the loko i‘a application,and develop best management practices based

maintenance, and/or new fence ex-closures forupon traditional environmental and cultural

small native plants or wildlife communities, in an

protocols.

area less than one acre,• Clearing of sand or silt from stream mouths,

OCCL will complete the review of Tier 1

canals, drainage pipes, or other features forapplications within thirty days of receipt.

state or county maintenance.
If OCCL determines that the application iscomplete and has no concerns regarding the
project, they authorize a Tier 1 permit.
The permit will be subject to the standard
Conservation District conditions found in
Hawai‘i Administrative Rules (HAR) Chapter 13-5.

10

TIER 2 AND TIER 3 ACTIVITIES

If no concerns or comments are received within
thirty days, OCCL will forward the application to the
Chair of the Board of Land and Natural Resources,
who will have the final authority to authorize a Tier

The second and third tiers are those larger projects

2 Permit.

that require a higher level of review. Tier 2 and 3
activities include but are not limited to:Applications that attract significant comments andconcerns from resource agencies, or which OCCL

• Emergency repair of fishponds

deems to need additional consultation because of• Restoration work that involves a change

potential environmental or cultural effects, may bein excess of ten percent, but not more thanrouted as Tier 3 permits. The applicant or cultural

fifty percent of the dimensions of the historicgroup will need to address the issues then modify

structure.

the project or the best management practices as• Repair and restoration work that is in excess ofneeded.

fifty percent of the original fishpond structure,• Dredging with the use of mechanizedequipment,• Any activity that may moderately affect or alter
sandy beaches or sediment deposition,

Once OCCL is satisfied that the concerns havebeen addressed, they will forward the application to
the Chair, who will have the final authority to authorize
a Tier 3 Permit.

• Activities that might impact critical species
habitat, such as wetlands, sea turtle grazing andSome actions may fall outside the scope of thenesting areas, sea grass beds, or coral colonies, andLoko I‘a Program, such as:• Activities that might impact near shore water quality.
1. Activities that are likely to have significant,long-term negative impacts on marine life, water
Applicants should fill out the loko i‘a application andquality, coastal processes, or coastal access;develop best management practices that are suited to

2. Activities that are likely to result in significant

the project.

damage to special aquatic sites such as wetlands,
vegetated shallows, mudflats, coral reefs, and sea

Advanced best management practices might include

grass beds;

protocols for water quality monitoring and testing,

3. The introduction or culture of alien species, andendangered species monitoring, or conducting

4. The construction of new loko i‘a.

archaeological surveys.
Any best management practices described in theOnce OCCL receives a completed application they will

application will be considered to be a condition of

distribute it to select resource and cultural agencies forthe permit.

review.
OCCL reserves the right to issue a stop work order
Tier 2 and Tier 3 reviewers will be able to concur with theif best management practices or other conditions

standard conditions, request additional information fromof the permit are not being followed, or if unanticipated

the applicant, seek additional consultation with subject

negative effects to the environment are

matter area experts, or identify additional and or site-

observed.

specific conditions, protocols, and BMPs.
OCCL planning staff are available to meet withapplicants regarding the application.

11

COMPLETING THE APPLICATION
The program application is available in fillable form at the Departmentof Land and Natural Resources Office of Conservation and Coastal Lands
Special Projects website: dlnr.hawaii.gov/occl/hoala-loko-ia

FROM THIS WEBSITE, YOU CAN:
• Access and download the streamlined application form from the link titled “streamlined
application form”• Access and download the Final Environmental Assessment (FEA) for the program for use
with ponds outside a Conservation District area but that may still make use of the information in the assessment or finding of no significant impact (FONSI)• Review the Conservation District Use Application and Permit issued by the Board of Land
and Natural Resources• View other permits that have been issued under this program

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APPLICATION PAGE ONEFISHPOND NAME
Applicants may use the common name or
traditional name of the pond (i.e., Kahana Pond or
Huilua Loko I‘a).
APPLICANT NAME
Name of the hui (group), organization, or company
legally responsible for the project should beentered here. It will also be the entity that certifies
the application (on page 5 of the application).
This entity should have ownership or authorized
operation of the pond.
POND LOCATIONEnter the best location information about theloko i‘a available. This may be an address, or it may
able be a more general description of the loko i‘alocation.
AHUPUA‘A
The name of the ahupua‘a in which the loko i‘a is located should be entered here. If you needassistance locating your ahupua‘a, you can use the following web resources:
http://blogs.ksbe.edu/kmslc/2014/11/03/moku-and-ahupuaa-maps/
http://www.papakilodatabase.com/main/main.php
http://www.avakonohiki.org/
DISTRICT
You may enter your current county district or moku here. If you need assistance locating your
district, contact your local county zoning office.
COMMENCEMENT AND COMPLETION DATE
These are the dates for active restoration work, not general maintenance and operations.
NEAREST TAX MAP KEY(S)Tax Map Key (TMK) numbers are assigned to each individual piece of property in the state of
Hawai‘i. The format is (island) district – section – plat: parcel.
If your pond has its own parcel number list it here. If not, list the TMK number of whatever land
the pond borders.
Tax Map Key numbers can be found on the various county websites listed at the end of thisguide.

13

WALL LENGTH
The full length in feet of the proposed wall at completion.
POND SURFACE AREA
The Pond Surface Area in square feet at completion.
WORK SUMMARYOCCL staff can assist you if you are unsure which Tier your project falls into.

APPLICATION PAGE TWOAPPLICANT
Fill in Applicant name, Street Address, Contact Person & Title,
Phone, Fax, Email, Interest in Property, sign and date.
LANDOWNER
Fill in Landowner name, Street Address, Contact
Person & Title, Phone, Fax, Email, sign and date.
Private Ponds – For private ponds, the land ownershould sign the application. Alternatively, you can
attach a Memorandum of Agreement between the hui
and the landowner.
State Ponds – Applicants should consult with DLNR’s
Land Division for the use of state-owned ponds. If
Land Division approves of the work, OCCL will work tosecure the Chair’s signature.
Projects in lands owned by the Departmentof Hawaiian Homelands (DHHL) do not need
Conservation District Use Permits. However,practitioners managing DHHL-owned ponds can still
apply for a Loko I‘a permit in order to qualify for thewater quality certification waiver.

14

AGENT
This application has been designed so that practitioners can use it without the need for hiring
private consultants, planners, or contractors. If you are filling out the form yourself you can leavethis section blank. If you are working with a consultant, their name and contact information
should go here.

APPLICATION PAGE THREE
The following questions are designed to help guide you in your responses.
DESCRIPTION OF THE LOKO I‘A:This is your chance to describe the physical, environmental,
and cultural characteristics of your pond.
Physical characteristics:
What type of pond is this? What are its dimensions?
What is the condition of the walls, mākāhā, ‘auwai, fish
pens, & other associated structures?
Environmental conditions:
What are the fresh water inputs? Are there any rivers or
known springs that feed the pond? What is their condition?
What is the pond basic (rock, sand, mud, sediment, etc.?)
Is there invasive vegetation in the pond ecosystem(mangroves, red algae, California grass, pickleweed, et al.)?
Is there native or Polynesian vegetation associated with thepond ecosystem?
Are there native birds, turtles, monk seals, or fresh and salt
water fish species that use the pond?
How would you describe the current water quality?
Maps, aerial photos, and Google Earth images are all helpful here.

HISTORY OF THE LOKO I‘A
If known, talk about who built the pond and when. Discuss the history of the pond’s ownership,and how it fell into disrepair.

15

PROPOSED WORK PLAN
Discuss the work you will be doing to repair and maintain the pond.
What work will be done on the pond walls, mākāhā, ‘auwai, etc?
Will the project require any dredging?
Will the project require importing rock? If so, how much and from what source?
Will the work be done by hand or with machines?
Who will do the work: family, volunteers, or employees? How will they be supervised?
How will invasive species be removed? Will there be any landscaping?
Will there be any support structures (lua, hale, etc.?)
What is the project timeline?
A site plan will help in showing where the repairs on the pond are needed.
OPERATIONS PLAN
If the pond is going to be put back into production, discuss what species will be cultivated, andhow they will be recruited, nurtured, and harvested.

APPLICATION PAGE FOURCONSISTENCY WITH THE HO‘ĀLA LOKO I‘A PROGRAM
State the permit tier that you are applying for, andprovide a one to two sentence summary of the
project. Examples of how this can be written are
below:
Waia‘ōpae Fishpond, Lāna‘i
Lāna‘i Culture & Heritage Center is seeking a tierone permit for the manual repair of the fishpondwalls and manual removal of sedimentation fromthe internal of the pond area. The base of the kuapā
is intact and all rocks are on sight. No new material
will be used and only rocks from within the pond
area will be used to restore the wall. There will be
expansion of the wall’s original footprint. (Permit
LA-15-03)

16

Huilua Fishpond, Kahana, O‘ahu
State Parks is seeking a tier one permit for the manual repair of the fishpond walls, and manual
removal of sediment. The base of the wall is intact, and there will be no expansion of theoriginal wall’s footprint. (Permit OA-15-02)
Wehelau‘ulu Fishpond, Moloka‘iThis application is for the stocking and harvesting of ogo by traditional means, and so is a Tier 1
permit. The proposal does not involve the creation of discharge or fill, and does not involve any
construction in navigable waters. (Permit MO-15-01)

BEST MANAGEMENT PRACTICES TIER 1
Best Management Practices for Tier 1 permits are designed by practitioners, and are based
upon traditional protocols, indigenous knowledge and practice, and environmental science.
Some examples are:Huilua Fishpond, Kahana, O‘ahu – Wall Restoration• Rocks to be used in the wall will consist only of those presently on-site or within the pond basin.
• No mechanized equipment will be used to retrieve rocks from the pond basin. All gathering will
be done by hand or using an o’o.
• Setting of rock wall facings will be conducted under the direction of cultural practitioners with training
and experience in traditional Hawaiian dry-stacked masonry techniques.
• Cultural protocols will be established by the masons or other appropriate designated cultural
practitioners.
• Wall building will be performed on days with calm seas, low wind conditions and at low tide.
• Work supervisors will visually monitor any sediment plumes that develop, and will record the size andduration if the plume lasts more than 12 hours.
• Restoration and revitalization will take place in identified zones and according to a sequence
designed to protect the adjacent stream, bay, springs, and pond biota. The zones and sequence
are described in an environmental assessment prepared for State Parks in 1995.

Waia‘ōpae Fishpond, Lāna‘i – Wall Restoration• Only rocks and materials from on sight will be used in wall reconstruction. No new materials will be
used.
• No mechanized equipment will be used. All activities will be conducted by hand or hand tools.
Environmental monitoring will be followed to check daily for protected species, even though noprotected species have been seen in the area.

17• Cultural and archaeological monitors will be on site during activities and students and workers will
give orientations about the historical and cultural significance of the pond and area. All historicpreservation regulations will be strictly adhered to.
• Water quality will be monitored for sediment plumes.

Ko‘ie‘ie Fishpond, Maui - Historic Resources Protection• Restoration of walls should, when possible, make use of stones from the existing walls and rubble,
and that all imported materials should resemble these original stones.
• No stones should be collected from adjacent fishponds or other historic sites. Portable artifacts may
be removed with adequate documentation prior to removal.
• All nineteenth and twentieth century artifacts may be left in place, awaiting “coordinated conservation” efforts.
• The pond should be open to periodic monitoring by State Historic Preservation Division staff to
document newly discovered finds, provide additional interpretation, and assure that the previous
conditions are being met.

APPLICATION PAGE FIVE

CERTIFICATION
The applicant should read the final statementof certification and sign and date the document.

CONGRATULATIONS ON FINISHING THE APPLICATION!
Please continue reading for further information about
monitoring and regulations pertaining to Ho‘āla Loko I‘a.

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......................................................................................................................................

“Fishponds are important to Hawai‘i and we recognizedtraditional Hawaiians had a different way of caring fortheir resources.” - Governor Ige at the signing of Act 230......................................................................................................................................

BILL 230 AND THE WAIVER OF WATER QUALITY CERTIFICATION
Recognizing the tremendous contributions traditional Hawaiian fishponds make to the culturesand ecosystems throughout Hawai‘i, in July 2015, Governor Ige signed Bill 230, which waived
the need for loko i‘a restoration projects that obtain permits under the Ho‘āla Loko I‘a program
to obtain water quality certifications for their activities.
This waiver is only available to projects that obtain permits through the OCCL program.
This landmark legislation means that Ho‘āla Loko I‘a programs are waived from having tocomplete the water quality certification application with the Hawai‘i Department of Healthor obtain a water quality certification from that agency.
It does not mean that restoration projects are exempt from complying with state and federalwater quality laws and standards.
Under the Master Conservation District Use Permit that all Ho‘āla Loko I‘a permits areauthorized under, projects are all still required to have water quality monitoring, mitigation andbest management practices in place. Keeping Hawai‘i’s waters clean and our reefs healthy are
all our responsibilities.

19

OUTSIDE PERMITS
Although this streamlined permitting program covers many of the authorizations you will require
to restore your loko i‘a, in some cases, additional permits or authorizations may still be required.
DLNR LAND DIVISION
Projects using State-owned ponds might require a Right of Entry agreement from the Land
Division.
STREAM CHANNEL ALTERATION PERMIT (SCAP)
This permit covers leaning debris, sediment, and vegetation from existing ‘auwai. Proposals toconstruct new ‘auwai or other types of stream diversions should consult with the Commission on
Water Resource Management (CWRM).
SPECIAL MANAGEMENT AREA (SMA) PERMIT
Anyone proposing work mauka of the shoreline should consult with their local county planningdepartment on the need for an SMA permit.
The State Office of Planning issued a Coastal Zone Management Consistency Statement regarding
fishpond restoration in April 2013.
US ARMY CORPS OF ENGINEERS
The placement of structures, and certain types of work in waters of the United States (U.S.),
including activities that involve dredging or filling, might also need to obtain a Section 10 of theRivers and Harbors Act (“Section 10”) and/or a Section 404 of the Clean Water Act (“Section404”) permit from the U.S. Army Corps of Engineers (Corps) before conducting the work. Watersof the U.S. include, but are not limited to, the territorial seas, navigable waters (tidally influenced),rivers, streams, ponds, lakes, and adjacent wetlands. Examples of “fill material” include,
but are not limited to: rock, sand, clay, plastics, construction debris, wood chips, and soil.
In most cases, Corps-regulated activities that are associated with the restoration and/or maintenance of fishponds can be authorized under a type of general permit, referred to as nationwide
permits (NWPs). NWPs provide for a streamlined permitting process for categories of activities
that on a national level have been determined to result in no more than minimal impacts on theaquatic environment. To be eligible for a NWP, the proposed fishpond activity(s) must meet the
specific terms of a particular NWP and fall within or under established thresholds. The fishpondactivities must also comply with nationally established general conditions as well as regional
conditions that have been developed by the Honolulu District Regulatory Office to ensure thework will result in minimal adverse impacts, individually and cumulatively. The most commonlyused and appropriate NWP for fishpond restoration and maintenance activities is NWP #3(Maintenance).

20

Site-specific fishpond restoration and maintenance proposals that do not fit or comply with the
NWP terms and conditions will require evaluation under an individual permit, which is a type ofCorps permit that is more involved and necessitates agency and public input.
For all types of Corps permits, the Corps is required to comply with applicable federal laws
and regulations in making its permit decisions. This means the Corps must assess the effectsof the proposed activity on federally-listed endangered and/or threatened species; designatedcritical habitat for endangered and/or threatened species; historic properties, including cultural
resources; and essential fish habitat. In doing so, the Corps often consults with other federal
and state agencies and as a result, may require practitioners to provide site-specific information,
including archeological surveys and biological data, such as coral reef surveys. Additional
information required by the Corps may be the same information that practitioners have alreadycollected and provided to the State as part of a Tier 2 or Tier 3 Permit. In such cases, it isacceptable for practitioners to utilize the same data or information previously submitted to
OCCL to fulfill the Corps’ information request.

Practitioners should contact the Corps to schedule a pre-application meeting if the projectmight involve dredging, the placement of structures, or the discharge of fill material into watersof the U.S. Practitioners who are not certain whether the waterbody where they propose to dowork is regulated under Section 10 or Section 404 should contact the Corps Regulatory Office
for a jurisdictional determination. More information, including a downloadable permit application,
is available at www.poh.usace.army.mil.

21

THE REVIEW PROCESS

Upon submission of your application to the State of Hawai‘i, Department of Land andNatural Resources Office of Coastal and Conservation Lands, your application will beprocessed through the above standards.

22

23

CONDITIONS, BEST MANAGEMENT PRACTICES, AND MONITORINGThe State recognizes how important loko i‘a are to the health of Hawai‘i’s ecosystems.
Therefore, the Ho‘āla Loko I‘a program has developed unique conditions, best management
practices (BMPs), and monitoring standards that help to protect Hawai‘i’s environmental andcultural resources while supporting the need for communities and practitioners to care forloko i‘a. All loko i‘a activities are required to adhere to environmental standards.

24

OVERVIEW OF CONDITIONSROUTINE MAINTENANCE

TIER ONE ACTIVITIESMaintenance activities are not subject toprogram conditions.

Tier One Activities should follow thestandard conditions outlined in this guide,
which are designed to be managable forcommunity groups.

TIER TWO ACTIVITIESTIER THREE ACTIVITIESTier Two Activites will need to follow
standard conditions and use BMPs as
specified, including water quality andendangered species monitoring.

Tier Three Activities will have uniqueconditions and BMPs that address the
specific resources identified within theirloko i‘a.

25

...........................................................................................................................................................

Monitoring, Mitigation, and Best Management Practices are ways to ensure
restoration actions do not adversely harm the surrounding environment,
including cultural environment, while you work on your loko i‘a.
...........................................................................................................................................................

WATER QUALITY TESTING
Water Quality Testing is essentially measuring
the health of a body of water.
Just as a doctor uses instruments likethermometers and stethoscopes to measure
the health of a patient, practitioners must use
instruments like Secchi (sek’-ee) disks, probes,
nets, gauges, and meters to determine howhealthy the water is. These instruments takemeasurements of the physical and chemical
condition of the water and the health of thecritters that live in it.
It is important that practitioners regularly
measure the physical, chemical and biologicalconditions of the water surrounding their ponds
to ensure that the ecosystem is in good or
improving health and facilitate sustainable andproductive ponds.
Water samples are not the only thing

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practitioners collect. All practitioners shouldtake photos and make visual observations
about what‘s happening along streams andcoastlines in order to get an overall sense of
the health of the water.
In total, a good water quality test will includenine measurements:
1. Temperature
2. Dissolved Oxygen
3. pH
4. Nutrients
5. Toxic Substances
6. Turbidity
7. Bacteria
8. Salinity
9. Biological Sampling
In the following section we will outline exactly
what these conditions are and how to properly
measure them.

WATER QUALITY INDICATORSTEMPERATURE - Water temperature has a direct link with toxic absorption, salinity and dissolved
oxygen. Some organisms cannot reproduce if water is not at the correct temperature, for example,
coral polyps reproduce well in a narrow temperature range above 26º C. Altitude and proximity tocoasts will influence natural water temperature; eg: water in the Snowy Mountains may be 3 º C,
but this is its natural state, not necessarily poor quality. Keep this in mind when measuring.

DISSOLVED OXYGEN - Dissolved oxygen, or DO, tells them how much oxygen is available in thewater for fish and other aquatic organisms to breathe. Healthy waters generally have high levels
of DO; however, some areas, like swamps, naturally have low levels of DO. Just like human beings,
aquatic life needs oxygen to survive. Several factors can affect how much DO is in the water. These
include temperature, the amount and speed of flowing water, the plants and algae that produce
oxygen during the day and take it back in at night, pollution in the water, and the stream bottom.

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pH - pH measures the concentration of hydrogen in the water; the p stands for “potential of”
and the H is hydrogen. pH ranges from 0 (very acidic) to 14 (very basic), with 7 being neutral.
Most waters range from 6.5 to 8.5. Metals tend to become more toxic at a lower pH because
they are more soluble.

NUTRIENTS - Nutrients are critical to plants and animals. The two major nutrients scientists
measure are nitrogen and phosphorus, which occurs naturally in minerals and rocks. All plants
and animals need phosphate but too much can cause eutrophication (eg, algal blooms). The
concentration reflects particular land uses and human activities. Soil erosion and fertilizers canincrease the amount of phosphate and nitrogen in the water. Nutrients can also affect pH, water
clarity and temperature, and cause water to smell and look bad.

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TOXIC SUBSTANCES - All Practitioners should also test for many harmful (toxic) things like metal,
pesticides, and oil. For example, scientists are finding mercury in certain types of fish, especiallyin lakes and estuaries. Mercury comes from mining, natural sources and air pollution from power
plants and incinerators, and can be harmful to people in high concentrations.

TURBIDITY - The clarity of water, turbidity, is measured to determine how many particulates arefloating around. If you’re sitting on a dock in a pond on a warm summer day, you might be able
to see to the bottom. That’s low turbidity. On the other hand, if you visit the dock after arainstorm when all the muck has been stirred up, you won’t be able to see the bottom; that’s highturbidity. Scientists use turbidity measurements to calculate the inputs from erosion and nutrients.

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BACTERIA - It is important to sample for certain types of bacteria that are found only in theintestinal tract of animals and humans. These bacteria, called fecal coliforms, are not necessarily
harmful, but they usually hang out with some bad characters like viruses and pathogens, which
can make you sick. The major sources of fecal coliforms are failing septic systems, wastewater
treatment plant discharges, and animal waste.

SALINITY - High levels of salt affect plant growth, water quality and soil quality. An increased
reading can mean human activities have caused a negative impact on the environment.

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VISUAL SURVEYS - Not all measurements are chemical or physical. Practitioners should takemeasurements of the landscape surrounding a pond to determine things like the amount oftrees and shrubs, the amount of shade that is created by trees overhanging the pond, andwoody debris (sticks and leaves) in the pond. The more vegetation, tree cover, and woody debris,the more habitat is created for wildlife and fish. Vegetation can even trap pollutants before
they enter the pond. Tree cover also helps regulate water temperature, which is important tofish that need cold water to survive.

BIOLOGICAL SAMPLING - Scientists determine the health of waters by taking samples of fish, plants
and smaller organisms called macroinvertebrates. Macroinvertebrates include things
like snails, worms, fly larvae, and crayfish (“crawdads”). You find them under rocks in the water.
These critters tell a health story of the pond. Practitioners should occasionally collect samples oforganisms and record the types of species that live in the pond ecosystem.

THESE AND ADDITIONAL RESOURCES ARE AVAILABLE FROM THE ENVIRONMENTAL PROTECTION AGENCY (EPA) AT:
http://water.epa.gov/learn/resources/measure.cfm

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STANDARD BEST MANAGEMENT PRACTICESFOR TIERS TWO AND THREE
WATER QUALITY MONITORING
1. Turbidity and sediment from project-related work, including work relating to system
structures, must be minimized and contained to the immediate vicinity of the authorized
activity through the appropriate use of effective sediment containment devices.
2. To the extent practicable, the work must be conducted in the dry season or when any
affected stream has minimal to no flow. The site must be stabilized to prevent erosion
and runoff, and work must stop during flooding, intense rainfall, storm surge, or high surfconditions. To the extent practicable, work must be done during low tides.
3. No project-related materials (fill, revetment rock, pipe, etc.) shall be stockpiled in theaquatic environment (intertidal zones, reef flats, stream channels, wetlands, etc.) or in close
proximity such that materials could be carried into waters by wind, rain, or high surf.
4. All debris and material removed from the marine/aquatic environment shall be disposed ofat an approved upland or alternative disposal site.
5. No contamination (by trash, debris sediment, non-native species introductions, attractionsof non-native pests, etc.) of adjacent waters of the United States, including special aquaticsites, shall result from project-related activities. Special attention must be paid to the foulinglevel on barges, vessels, and equipment whereas to minimize the transport and potential
introduction and spread of aquatic non-native species. In addition, if dredged or excavatedmaterial or structural members are removed from the water or placed in the water, measures
must be taken to prevent the spread or introduction of any aquatic nonnative species.
Additional conditions may be utilized to help meet this condition or related conditions.
6. Silt fences, silt curtains, or other appropriate containment structures shall be installed tocontain sediment and turbidity at the work site(a) parallel to, and within 10 feet of, the toe of any fill or exposed soil which may
introduce sediment to an adjacent aquatic site; and(b) adjacent to any fill placed or soil exposed within an aquatic site.
7. All silt fences, curtains, and other structures shall be installed properly and permanently
stabilized, be self-sustaining, and remain in place until any turbidity levels elevated due toconstruction have returned to ambient levels.

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8. Erosion controls must be properly installed before any alteration of the area may take place.
All disturbed areas must be immediately stabilized following cessation of activities for any
break in work longer than 4 days.

ENDANGERED SPECIES MONITORING
1. All on-site personnel shall be apprised that they are working in an environmentally sensitive
area and that endangered or threatened Hawaiian waterbirds, turtles, and monk seals may
be in the vicinity of the project.
2. Each authorization will contain the requirement that the authorized entity document andreport to DLNR OCCL (and thereby the Corps, NMFS and FWS) all interactions with listed
species, including the disposition of any listed species that are injured or killed. Should
an ESA-listed species be adversely affected, all work must stop pending reinitiation andcompletion of consultation between DLNR OCCL, the Corps, NMFS PRD and/or FWS forthat action.
3. Constant vigilance shall be kept for the presence of ESA-list species during all aspects of thepermitted and/or authorized action(s)a. A responsible party, i.e., site manager I project supervisor, shall designate acompetent observer to survey work sites and the areas adjacent to the authorized
work area for ESAlisted marine species;b. Surveys shall be made prior to the start of the work each day, including prior toresumption of work following any break of more than one-half hour. Periodic
additional surveys throughout the work day are strongly recommended;c. If any federally protected waterbird species appears within 100 feet (30.5 meters)of ongoing, in-water work, work activity shall be temporarily suspended until thebird species leaves the area of its own accord.
d. If a waterbird nest, turtle nest, or monk seal pup or pregnant monk seal
is discovered, all work shall cease and DLNR OCCL should be contacted
immediately, who shall then notify FWS and/or NOAA immediately.
e. All in-water work will be postponed or halted when ESA-listed marine species
are within 50 yards of the proposed work, and will only begin/resume after the
animal(s) have voluntarily departed the area, with the following exemption: if ESAlisted marine species are noticed within 50 yards after work has already begun,
that work may continue only if, in the best judgment of the responsible party, theactivity is unlikely to disturb or harm the animal(s); andf. No one shall attempt to feed, touch, ride, or otherwise intentionally interact withany protected species.

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4. Project footprints must be limited to the minimum area necessary to complete the project.
5. The project area must be flagged to identify sensitive resource areas, such as seagrass beds,
coral resources, listed terrestrial plants, and turtle nests.
6. Work located makai of the Mean Higher High Tide Line of a navigable water or makai of the
upward limits of adjacent wetlands must be timed to minimize effects on ESA-listed species
and their habitats.
7. Project operations must cease under unusual conditions, such as large tidal events and highsurf conditions, except for efforts to avoid or minimize resource damage.
8. Additional conditions may be required based on a site-specific analysis of potential
biological resources in the area and potential impacts.

CULTURAL MONITORING
1. All on-site personnel shall be apprised that they are working in a culturally sensitive area andthat cultural artifacts and landscapes may be in the vicinity of the project.
2. Each authorization will contain the requirement that the authorized entity document andreport to DLNR OCCL all interactions with cultural artifacts. Should a cultural artifact beadversely affected, all work must stop pending reinitiation and completion of consultation
between DLNR OCCL for that action.
3. Constant vigilance shall be kept for the presence of cultural landscapes during all aspects ofthe permitted and/or authorized action(s)a. A responsible party, i.e., site manager I project supervisor, shall designate acompetent observer to survey work sites and the areas adjacent to the authorized
work area for cultural artifacts;
b. If a cultural artifact is discovered, all work shall cease and DLNR OCCL and SHPD
should be contacted immediately.

ARCHAEOLOGICAL MONITORING
1. Restoration of walls should, when possible, make use of stones from the existing walls andrubble, and all imported materials should resemble these original stones.
2. No stones should be collected from adjacent fishponds or other historic sites.

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3. Portable artifacts may be removed with adequate documentation prior to removal.
4. All nineteenth and twentieth century artifacts may be left in place, awaiting “coordinatedconservation” efforts.
5. The pond should be open to periodic monitoring by State Historic Preservation Division staff
to document newly discovered finds, provide additional interpretation, and assure that theprevious conditions are being met.

SPECIAL CONDITIONS
If the project involves mechanical dredging or mechanical removal of vegetation, thenPollution and Erosion Control Plan for the project might be required. At a minimum, this plan
shall include:
1. The Best Management Practices that will be followed;
2. Proper installation and maintenance of silt fences, sausages, equipment diapers, and/or
drippans;
3. A contingency plan to control and clean spilled petroleum products and other toxic materials;
4. Appropriate materials to contain and clean potential spills will be stored at the work site, andbe readily available;
5. All project-related materials and equipment placed in the water will be free of pollutants;
6. Daily pre-work inspections of heavy equipment for cleanliness and leaks, with all heavyequipment operations postponed or halted until leaks are repaired and equipment is cleaned;
7. Fueling of project-related vehicles and equipment will take place at least 50 feet away from thewater, preferably over an impervious surface;
8. A plan will be developed to prevent trash and debris from entering the marine environment
during the project; and9. All construction discharge water must be treated before discharge.

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STATE DEPARTMENT OF LAND AND
NATURAL RESOURCES (DLNR)
Office of Conservation andCoastal Lands (OCCL)
1151 Punchbowl, Room 131
Honolulu, HI 96813
587-0377
dlnr.hawaii.gov/occl
occl@hawaii.gov
Land Division Main Office - O‘ahu
1151 Punchbowl Street, Room 220
Honolulu, HI 96813(808) 587-0419
dlnr.land@hawaii.gov
Kaua‘i District Office3060 Eiwa Street, Room 208
Lihue, HI 96766(808) 274-3491
Maui District Office
54 High Street, Room 101
Wailuku, HI 96793(808) 984-8103
Hawai‘i Island District Office
75 Aupuni Street, Room 204
Hilo, HI 96720(808) 961-9590

COMMISSION ON WATERRESOURCE MANAGEMENT
1151 Punchbowl, Room , 227
Honolulu, HI 96813
587-0214
dlnr.cwrm@hawaii.gov

36

U.S. ARMY CORPS OF ENGINEERS
Honolulu District, Regulatory Office
Bldg. 230, Attn: CEPOH-RO
Ft. Shafter, Hawaii 96858-5440
www.poh.usace.army.mil.
CEPOH-RO@usace.army.mil
808.835.4303

COUNTY PLANNING OFFICES
Honolulu: 808.768.8000
Maui: 808.270.7735
Kaua‘i: 808.241.4050
Hawai‘i: 808.961.8288

COUNTY TAX OFFICES(TMK Information)
Honolulu: www.qpublic.net/hi/honolulu
Maui: www.mauipropertytax.com
Kaua‘i: www.qpublic.net/hi/kauai
Hawai‘i: www.hawaiipropertytax.com

KUA‘ĀINA ULU ‘AUAMO
47-200 Waihe‘e Road
Kāne‘ohe, HI 96744
808.672.2545
kuahawaii.org

CATEGORIZATION OF HAWAIIAN FISHPONDS
Type I – Loko I‘a Kuapā: A fishpond of littoral water whose side or sides facing the sea consist of astone or coral wall, usually containing one of more sluice gates.
Type II – Loko I‘a Pu‘uone: An isolated shore fishpond usually formed by the development of barrier
beaches building a single, elongated sand ridge parallel to the coast and containing one or moreditches and sluice gates.
Type III – Loko I‘a Wai: An inland freshwater fishpond which is usually either a natural lake or swamp,
which can contain ditches connected to a river, stream, or the sea, and which containsluice gates.
Type IV – Loko I‘a Kalo: An inland fishpond utilizing irrigated taro plots.
Type V – Loko I‘a ‘Ume‘iki: A fishtrap, similar to a Type I – loko i‘a kuapā, which has various
combinations of inward and outward leading lanes.
Type VI – Kaheka and Hapunapuna: A natural pool or holding pond.

ESSENTIAL TERMS
kuapā - seawalls‘auwai – water channel
mākāhā – sluice gatepu‘uone – pond near the shore, as connected to the sea by a stream or ditch
niho – wall foundation stonesmo‘o – pond guardian

CREDITSPHOTOGRAPHY
Loko Ea courtesy of Malama Loko Ea Foundation || Kaloko aerial Adam Johnson || Ko’ie’ie Joylynn Paman || Kaloko Uncle
Peter - Tyler Paikuli-Campbell. “Peter Keka, master mason, led work on the kuapa for nearly 12 years. Uncle Peter was born andraised in the Kona area and remembered working on the kuapa as a youth.” || Alekoko (aka Menehune) Fish Pond, Kauai •Hawaii Tourism Authority (HTA) / Tor Johnson • Content Creator Company: Hawaii Tourism Authority (HTA) • Content Creator
Email: info@hawaiitourismauthority.org || Paepae ‘o He‘eia Honua Consulting & Liz Foote || Huilua (both aerials) John Johnson ||Kaloko aerial Adam Johnson || Fish on a reef Hawaii Island • Hawaii Tourism Authority (HTA) / Kirk Lee Aeder • Content Creator Company:
Hawaii Tourism Authority (HTA) • Content Creator Email: aederkla@aol.com || Sunset falls on a pair fishing Molokai, Kaunakakai • Hawaii
Tourism Authority (HTA) / Dana Edmunds • Content Creator Company: Hawaii Tourism Authority (HTA) • Content Creator Email: info@
hawaiitourismauthority.org || Alii Fishpond wall Molokai, Kaunakakai Credit Requirements: Hawaii Tourism Authority (HTA) / Dana Edmunds• Content Creator Company: Hawaii Tourism Authority (HTA) • Content Creator Email: info@hawaiitourismauthority.org|| Plant Molokai,

Kaunakakai • Hawaii Tourism Authority (HTA) / Dana Edmunds • Content Creator Company: Hawaii Tourism Authority (HTA) • Content Creator
Email: info@hawaiitourismauthority.org || Mākāhā at Paepae ‘o He‘eia Shawn Kahoolemana Naone

LEAD AUTHORS
Trisha Kehaulani Watson, JD, PhD, Honua Consulting
Michael Cain, DLNR, OCCLDLNR OFFICE OF CONSERVATION AND
COASTAL LANDS – HO‘ĀLA LOKO I‘AKalanimoku Building
1151 Punchbowl St.
Honolulu, HI 96813
http://dlnr.hawaii.gov/occl/hoala-loko-ia/