HONOLULU — The state Board of Land and Natural Resources (BLNR) on Friday approved a landmark settlement with a property owner over alleged violations of conservation lands on O‘ahu’s North Shore.
The settlement is with Chinese American television host Yue-Sai Kan, trustee of Yue-Sai Kan Trust, which owns Unit 1 at Marconi Point Condominiums.
Instead of facing hefty fines for allegations of habitat destruction, an unauthorized fence and killing of a Laysan albatross, the settlement proposed donating Kan’s 4.7-acre property at Marconi to the nonprofit North Shore Community Land Trust.
With the settlement, the Department of Land and Natural Resources (DLNR) also agreed not to pursue criminal charges against Kan, who is not required to admit fault, guilt or liability.
BLNR’s approval was unanimous after some questions about how it would work, and testimony in support of it.
Environmentalists are hailing it as a precedent for future conservation-related settlements.
“After a challenging and heartbreaking start earlier this year, this decision marks a pivotal moment for the protection of Hawai‘i’s native biodiversity,” said Maxx Phillips, the Center for Biological Diversity’s Hawai‘i director.
“I applaud Yue-Sai Kan for taking a commendable step toward safeguarding our endangered and native species and the places they live. This agreement sets a strong precedent for collaborative conservation efforts.”
Kan, also an entrepreneur and philanthropist, potentially faced millions of dollars in state fines.
Among them were $15,000 for the intentional injuring and killing of a nesting, female Laysan albatross named Ho‘okipa, and $30,000 for building an unauthorized fence in the conservation district.
Additionally, she shared joint responsibility for a $1.5 million fine with Sushil Garg, a tech entrepreneur and manager of Greystone HI Investments LLC, and landscaper Benjamin Lessary for the destruction of critical habitat for at least 300 endangered yellow-faced bees along the shoreline.
Based on an on-site investigation, DLNR said this included the unauthorized grading and chopping down of more than 100 heliotrope trees and clearing of naupaka in the area, which was one of the few known habitats for the endangered bees.
In April, attorneys for all three requested contested case hearings at the BLNR meeting after the violations and fines were laid out. BLNR did not vote on the proposed fines due to the contested case hearings.
The Marconi Point Condominiums are an agricultural condo development east of Turtle Bay Resort in Kahuku. Kan, through her trust, purchased Unit 1 at Marconi for $3.6 million in 2021, according to documents.
Kan’s attorney, Eric Robinson, followed up with a written letter to the department in May requesting mediation or settlement of the matters.
According to a brief filed with DLNR, Robinson reached out to the state Department of the Attorney General proposing a donation of Kan’s Marconi Point property in exchange for releasing her and the trust from all enforcement actions.
The attorney general wished to accept the offer, pending the board’s approval.
Adam Borrello, executive director of the North Shore Community Land Trust, said he was humbled and excited by the opportunity to restore the parcel of land.
Since 2015 the nonprofit has been working to restore the area by removing invasive trees and planting natives — and this has brought back native insects and animals.
It already manages a restoration site next door at the Turtle Bay conservation easement, along with 600 acres on the makai side and 400 acres on the mauka side of Turtle Bay.
“This is just a wonderful extension of that, and an amazing access point for our continued and long-term restoration efforts,” he said. “We certainly hope and believe that if we restore the habitat, we can envision the yellow-faced bees and others making their return to that area.”
Denise Antolini, a member of the Aloha Marconi Alliance, testified in support of the settlement and called it a historic precedent.
She said the alliance was also happy to see that Kan had removed the wrought-iron fence that Ho‘okipa became entangled in while trying to incubate her egg.
“Agreeing to accept Kan’s offer furthers DLNR’s mission of protecting and preserving and protecting cultural resources, endangered and rare species,” the department’s chair, Dawn Chang, said in a statement.
“This donation also supports DLNR’s collaboration with aina-based partners to steward cultural and ecologically sensitive lands by having contiguous high-quality coastal strand habitat for the conservation and protection of these species.”
Volunteers shared that they were able to save Ho‘okipa’s egg and that the chick hatched at James Campbell National Wildlife Refuge under the care of foster parents and is ready to fledge soon.
The potential violations faced by Garg and Lessary, along with several others, are still pending, along with their contested hearings.
