KAHUKU, Hawaii — The state’s Board of Land and Natural Resources decided Friday to approve a settlement deal with Yue-Sai Kan, which allows her to have immunity for environmental violations in exchange for donating her multimillion-dollar property at Marconi Point to conservation. 

What You Need To Know

  • The state's Board of Land and Natural Resources accepted a deal with Yue-Sai Kan, which will transfer her 4.7-acre property at Marconi Point to the North Shore Community Land Trust, a nonprofit conservation group

  • With the board’s approval, the DLNR has agreed not to pursue hefty fines and criminal charges against Kan for environmental violations

  • Kan was accused of being part of the destruction of a 2-acre stretch of native habitat that was home to endangered Hawaiian yellow-faced bees, hiring a grounds worker who killed a nesting Laysan albatross by throwing a rock at its head, and erecting an unauthorized fence

  • The state’s Department of Land and Natural Resources will still seek about $3 million in fines and potential criminal actions against eight nearby landowners

Under the deal, Kan’s 4.7-acre property, which is located near Turtle Bay, will be transferred to the North Shore Community Land Trust, a nonprofit conservation group. She has already removed a wrought-iron fence that is dangerous to native species, according to a news release from the state's Department of Land and Natural Resources.

“We will make the highest use of this opportunity to advance our efforts to fully restore this amazing coastal dune environment for the benefit and enjoyment of native species and all those who respectfully visit this culturally and environmentally significant place,” Land trust Executive Director Adam Borrello said in a statement. 

The Honolulu Civil Beat, a partner of Spectrum News Hawaii, reported earlier this week on the possible deal. The settlement with Kan comes after the destruction in October of a 2-acre stretch of native brush and trees along the coast at Marconi that was a habitat for endangered Hawaiian yellow-faced bees. State investigators also determined a grounds worker killed a nesting Laysan albatross in December by throwing a rock at its head, while erecting the unauthorized wrought-iron fence in the conservation district.

Before the settlement was reached, the Department of Land and Natural Resources had recommended that the board fine Kan $1,547,500.

Even though the settlement deal was approved, the DLNR will still seek about $3 million in fines and potential criminal actions against eight nearby landowners, who were also implicated in the bee habitat destruction, according to HCB. 

“After a challenging and heartbreaking start earlier this year, this decision marks a pivotal moment for the protection of Hawaii’s native biodiversity,” said Maxx Phillips, Hawaii director for the Center for Biological Diversity, in a statement. “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.”

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