Dropping out of the federal program has not hampered efforts to protect the islands’ marine species, including monk seals, state and federal agents say.

For years, the state officers who enforce Hawaii鈥檚 conservation laws boosted their patrols and resources under a special partnership that helped their federal counterparts, who are thinly stretched across the islands, enforce their own laws on native species.

That 鈥渏oint enforcement agreement,鈥 or JEA, sent hundreds of thousands of federal dollars to the state鈥檚 each year to help the National Oceanic and Atmospheric Association better protect monk seals, spinner dolphins, sea turtles and other marine animals.

However, DOCARE withdrew from the JEA last year because the monthly reporting requirements for those federal dollars had grown too cumbersome.

In September, 鈥渨e decided to take a time-out from the program so that we can recalibrate our process to make sure we can meet the reporting requirements under the agreements,鈥 DOCARE Enforcement Chief Jason Redulla said last week.

In this photo provided by the Hawaii Department of Land and Natural Resources, department enforcement officers speak to swimmers in Honaunau, Hawaii, March 26, 2023, after the swimmers allegedly harassed a pod of wild spinner dolphins. (Hawaii Department of Land and Natural Resources via AP)
Department of Land and Natural Resources officers, along with a federal officer, speak to swimmers in Honaunau after the swimmers allegedly harassed a pod of wild spinner dolphins. State and federal authorities say their prior joint agreement was a valuable tool, but they also say that enforcement hasn’t been hurt by the state’s leaving it. (Courtesy: DLNR via AP/2023)

Now, DOCARE wants back in. The agency intends to apply by a deadline later this month to rejoin the JEA, Redulla said. 

If accepted, it would probably resume sometime in August or September, he added.

Both Redulla and local agents with NOAA鈥檚 described the JEA as a valuable tool to bolster the manpower and equipment used to enforce , , and other federal laws that aim to protect marine species.

鈥淲e become a force multiplier. We have the ability to be deputized as federal officers, and that in turn helps the federal government,” Redulla said last week.

But he and the federal agents also downplayed the deal coming to a halt for at least a year. 

There鈥檚 been virtually no impact to DOCARE鈥檚 enforcement levels despite the loss of federal funds that cover overtime, fuel, equipment and other costs, said Frank Giaretto, deputy special agent in charge for OLE鈥檚 Pacific Islands Division.

鈥淥ur relationship with DOCARE has never been better, regardless of whether they have a JEA in place,鈥 Giaretto added.

Further, both agencies said that the lack of a JEA did not affect their ability to respond to monk seal incidents across the islands, including the death of a day-old monk seal pup in May on Oahu鈥檚 North Shore in which an unleashed dog attacked the seal, dubbed PO7. 

Two local residents, including an employee of the state鈥檚 Division of State Parks, were charged in the death . Both State Parks and DOCARE are part of the larger Department of Land and Natural Resources.

A Win-Win Partnership

Former DLNR Director William Aila said he was surprised to learn the state had withdrawn from the JEA.

“In my experience it was advantageous,” said Aila, who led the department from 2010 to 2014. 

By working together, the state enforcement officers would receive training from the federal officers to write their reports to meet federal prosecutors’ needs, resulting in better prosecution against marine species violations, he said.

DOCARE also purchased a couple of boats and other equipment with the federal dollars while Aila was at the agency, he said.

鈥淭here were positive things that came out of it,” he said.

Redulla and the OLE agents said the JEA鈥檚 primary benefit was the funding.

monk seal harassment
An unleashed dog harasses a Hawaiian monk seal, representing a violation of federal law by the dog’s owner. (Courtesy: DLNR/2022)

Martina Sagapolu, the assistant director for NOAA OLE鈥檚 Pacific Islands Division, also said she understood why DOCARE withdrew last year.

鈥淚t鈥檚 a lot of paperwork 鈥 welcome to the federal government,鈥 Sagapolu said.

NOAA is trying to make the reporting requirements easier but federal funding awards require a lot of justification, she said.聽

鈥淭hey had too much going on,鈥 Sagapolu added. 

During its last year in the agreement, DOCARE received more than $275,000 to help NOAA鈥檚 thinly stretched law enforcement personnel bolster their patrols and investigations across the islands, according to Redulla. 

The funding awarded by Congress for such JEA agreements has gradually decreased in recent years, Sagapolu said. DOCARE鈥檚 share shrunk by nearly half in a 10-year period. In 2014, the division received , according to reports.

Sagapolu’s enforcement division has fewer than 12 people to cover the entire U.S. Pacific region, including Hawaii, Guam and other U.S. territories, she said. It’s the smallest of the OLE’s five divisions but has to cover the largest area, representing some 1.7 million square miles, according to Sagapolu.

Redulla said his agency revamped its internal procedures and its staff can now provide the federal government with the reporting data it needs.

“I don鈥檛 think we lost out on much,” he said. “I think it was more important that we ensure if we鈥檙e going to accept federal funds that we鈥檙e able to comply with the federal requirements of the FEA program, so we鈥檙e being responsible with the funding that鈥檚 being given to us.”

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