The Board of Land and Natural Resources
Notice of Contested Case Hearing

Regarding Contested Case DAR-NWHI-07-01 (CC) whereby the Board of Land and
Natural Resources found Dr. Greta Aeby violated Northwestern Hawaiian Islands
Research, Monitoring and Education Permit # DLNR.NHWI06R008

The Board of Land and Natural Resources (BLNR), State of Hawaii, will conduct a Contested Case Hearing on DLNR File No. DAR-NWHI-07-01 (CC) regarding the Board of Land and Natural Resources finding that Dr. Greta Aeby violated Northwestern Hawaiian Islands Research, Monitoring and Education Permit # DLNR.NHWI06R008. The hearing will be held pursuant to Chapters 91 and 183C, Hawaii Revised Statutes, and Chapters 13-1 and 13-5, Hawaii Administrative Rules (HAR). The issue involves whether Dr. Aeby’s transportation of two pieces of live coral within the Northwestern Hawaiian Islands Marine Refuge violated her permit. The BLNR has appointed a Hearing Officer to conduct the contested case hearing and the hearing on standing. The hearing on standing will commence at 1:00 PM on Friday, February 1, 2008, at the Kalanimoku Building, 1151 Punchbowl Street, Board Room 132, Honolulu, Hawaii.

Any person wishing to participate in the hearing as an intervening party must file a written application in conformance with Section 13-1-31, HAR, explaining briefly how he or she has a specific legal interest different from the general public and how this interest could be affected by the proposed action. Only persons determined to have standing and admitted as parties to the proceedings will be allowed to participate in the contested case hearing. Any party may retain counsel if desired. An individual may appear on his or her own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation or trust or association may represent the corporation or trust or association. All parties shall be afforded the opportunity to present and cross-examine evidence and witnesses and make arguments on issues before the BLNR.

Written applications to intervene must be received no later than 4:30 PM, Friday, January 25, 2008, at the Department of Land and Natural Resources, Division of Aquatic Resources, Room 330, 1151 Punchbowl Street, Honolulu (or P.O. Box 621, Honolulu, Hawaii, 96809). Application forms are available at the Division of Aquatic Resources office, or will be sent upon request. Please call 587-0332 for application forms or for further information.

LAURA H. THIELEN, Chairperson
Board of Land and Natural Resources
(SB03513601 12/30/07)