State conservation violations could lead to large fine for man
Fine recommendation going to contested case hearing
The Maui News
Wednesday, January 10, 2007
HONOLULU - A West Maui man who allegedly cleared land at Honolua Bay and built unpermitted structures on the site is facing a fine of up to $331,350 for violations in the state conservation zone.
A recommendation for the fine against Narcisco "Jimmy" Billianor is on the agenda for the state Board of Land and Natural Resources meeting Friday on Oahu.
Billianor, 57, is part of a family group that has claimed title to the land around Honolua Bay and allegedly demanded visitors pay a fee to get access to the shoreline. He was arrested in November and charged with first-degree terroristic threatening and third-degree extortion, while a juvenile family member was arrested for allegedly threatening police officers.
In a report to the land board, the Office of Conservation and Coastal Lands said state conservation enforcement officers first went to investigate a report of illegal land clearing on June 16.
The officers found a site near the shoreline was cleared by a backhoe by Gilbert Shim, who ceased the activity when he was issued an order to stop the work.
The investigators also reported evidence of a campsite and evidence that a rock wall was built to divert the stream, along with two portable toilets and signs asking for a $3 donation to use the beach.
In its report, the coastal land office says that most of the land along the shoreline is owned by Maui Land & Pineapple Co., which has been granted a conservation district use permit to landscape a section of Honolua to clear overgrown invasive species.
Two other parcels are privately owned, a quarter-acre parcel 7 owned by Gilbert Chee, and a 0.21-acre parcel 8 with multiple owners, including Helen Billianor, mother of Narcisco Billianor.
The report of the alleged violations says that some of the activities occurred on land belonging to Maui Land & Pine.
The coastal land office report says that Narcisco Billianor was issued a notice to cease all of the unpermitted activity on July 24, but the state continued to receive complaints of illegal activities, including solicitations for donations for access to the shoreline.
On Nov. 28, after Billianor was arrested by Maui police, the portable toilets and signs had been removed from the area, but the camping facilities remained at the site, the report says.
The report alleges that the Billianors also have been fishing illegally in the Honolua Bay Marine Life Conservation District.
Based on the findings of the enforcement officers, the coastal land office is recommending a $2,000-a-day fine for 168 days that the illegal ordered-to-cease activities continued, along with $1,350 in administrative costs.
The land board meeting is scheduled for 9 a.m. Friday at the board conference room in Honolulu.
Fine recommendation going to contested case hearing
The Maui News
Sunday, January 14, 2007
HONOLULU - A recommendation for a massive fine against a Maui man for allegedly clearing land and building unpermitted structures on conservation land at Honolua Bay will be going to a contested case hearing, state officials said.
The state Office of Conservation and Coastal Lands had recommended a $331,350 fine against Narcisco "Jimmy" Billianor for alleged violations of conservation district rules for activities conducted from a coastal property at the bay. Honolua Bay is a state marine life conservation district, popular for snorkeling when the waves are down and for surfing when the swells are breaking.
An investigation of complaints of activities involving Billianor and members of his family last year found that an area of the shoreline had been cleared without a permit and several illegal structures had been put up, including two portable toilets.
At the time, Billianor allegedly was also demanding payments from individuals going to the ocean.
The recommendation for penalties for conservation district violations was presented to the state Board of Land and Natural Resources on Friday, but no action could be taken since the issue was to be scheduled for a contested case hearing.
Billianor also has been arrested and charged by Maui police for first-degree terroristic threatening and third-degree extortion for alleged actions against police investigators in November.
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