The State of Hawaii, Department of Land and Natural Resources (DLNR), pursuant to Chapter 190D, Hawaii Revised Statutes (HRS), hereby issues public notice of receipt and invites public comment by April 9, 2009 regarding:

Conservation District Use Application HA-3496, Hawaii Oceanic Technology Oceansphere Aquaculture Facility in State Marine Waters, Located Approximately Three Miles (2.6 nautical miles) Offshore Malae Point, North Kohala, Island of Hawaii

Furthermore, pursuant to Section 190D-11(b), Hawaii Revised Statutes, the department includes the following information in this notice and invitation for public comment related to the above application:

1. The state marine waters for which the application has been made:

The total area of 247-acres (1 square kilometer) of the surface, seafloor and water column of State marine waters and submerged lands located approximately three miles offshore (2.6 nautical miles) due west of Malae Point is requested by the applicant, Hawaii Oceanic Technology, Inc., for an open ocean aquaculture farm. The twelve “Oceansphere” platforms will not be moored to the ocean floor. Instead they will use individual propulsion systems to keep each platform in position via satellite global positioning systems (GPS)/Inertial Navigation Systems (INS) and radio telemetry control. The propulsion system is identified as a Persistent Oceanic Power (USPTO patent application 11/849,338) generator and electric pump, which will provide power for positioning, telemetry, and autonomous operation. A directed stream of water will be used to position the oceanspheres.

The twelve oceanspheres will be evenly distributed throughout the 247 acre area. Each oceansphere is 54 meters in height and 54 meters in diameter. The platforms will be held at a depth of 180 feet (55 meters) below the water surface. The tops of the platform will be 65 feet (20 meters) below the sea surface. The water depth at the proposed site is 1,320 feet (402.34 meters).

The four corners of the project area are located at 20º05’53.72″ N 155º55’55.68″ W; 20º05’53.72″ N 155º55’24.36″ W; 20º05’26.04″ N 155º55’24.36″ W; and 20º05’26.04″ N 155º55’55.68″ W. The center point of the area is located at 20º05’40.00″ N 155º55’40.00″ W.

2. The nature of the exclusive use sought:

The applicant intends to use those submerged waters and lands that are necessary to operate the proposed aquaculture project. The applicant’s calculation assumes a 100 foot radius from each of the twelve platforms marker buoy and has determined that the total area of proposed exclusive use will be 8.65 acres (376,990.8 square) of the 247-acre area. The applicant is asking for safety reasons that all fisherman and boaters keep 100 feet from each of the twelve oceanspheres marker buoy; fisherman will be allowed to fish around the oceanspheres but not directly above or below them. For liability reasons there will be no swimming or SCUBA diving allowed in the 247 acre ocean lease area.

3. The purpose for which the application has been made:

The applicant intends to produce 6,000 tons (5,443 metric tons) per year of yellow fin (Thunnus albacares) tuna or bigeye tuna (Thunnus obesus), known as Ahi. Fingerlings will be grown from eggs collected from broodstock caught in coastal waters off the Island of Hawaii and will be grown on land at the Pacific Aquaculture & Coastal Resources Center (PARC) in Hilo. Fingerlings will be transferred to the site when they are approximately 12 inches and 5 pounds. The Ahi will be harvested when they are 100 pounds in size at which time they will be harvested at sea, processed, and prepared at Hilo and Kawaihae Harbors for shipping to the US mainland, Japan, and Hawaii markets. The operation is to be fully functional by 2014.

The application also includes a request for a lease of State Marine Waters.

Copies of the application, the project’s Draft Environmental Impact Statement (DEIS) which includes maps of the general location of the area under consideration are available for inspection at the following state libraries (Kailua-Kona State Library, Hilo State Library, Bond State Library, Thelma-Parker State Library, Naalehu State Library, Kahului State Library, Molokai State Library, Lanai State Library, Kauai State Library, Kaimuki State Library, Kaneohe State Library, Pearl City State Library, Hawaii State Library), and the following Department of Land and Natural Resource’s offices – Hawaii District Land Office, 75 Aupuni Street, Room 204, Hilo, Hawaii, 96720 and Office of Conservation and Coastal Lands, Kalanimoku Building, Room 131, 1151 Punchbowl Street, Honolulu, Hawaii, 96809.

Public comments should be sent to Dawn Hegger, Office of Conservation and Coastal Lands, Department of Land and Natural Resources, P.O. Box 621, Honolulu, Hawaii, 96809, and/or faxed to (808) 587-0322.

BOARD OF LAND AND NATURAL RESOURCES

/s/LAURA H. THIELEN Chairperson