Bill Text: HI HR122 | 2024 | Regular Session | Amended
Bill Title: Requesting The State To Adopt A Policy To Promote A Net Gain In Wetlands And Encouraging Actions To Control The Invasive Axis Deer Population On Maui.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2024-04-01 - Report adopted. referred to the committee(s) on FIN as amended in HD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Belatti, Gates, Quinlan excused (3). [HR122 Detail]
Download: Hawaii-2024-HR122-Amended.html
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HOUSE OF REPRESENTATIVES |
H.R. NO. |
122 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
REQUESTING THE STATE TO ADOPT A POLICY TO PROMOTE A NET GAIN IN WETLANDS AND ENCOURAGING ACTIONS TO CONTROL THE INVASIVE AXIS DEER POPULATION ON MAUI.
WHEREAS, South
Maui has been hit by five major floods causing significant damage and two once-in-a-century
floods in the last three years in part due to the degradation of Kīhei's
historical wetlands; and
WHEREAS, these
floods put citizens' lives directly at risk by closing roads and access to and
by emergency medical personnel and aid; and
WHEREAS, these
floods also put emergency responders' lives directly at risk, leading to
tragedies, including the death of Maui County firefighter Tre' Evans-Dumaran in
2023 while he responded to flood-related emergencies; and
WHEREAS,
Kīhei is a critical revenue-generating area that needs protection; and
WHEREAS,
greening efforts to reduce flooding are effective at making greenbelts for fire
mitigation; and
WHEREAS,
wildfires and flooding can both be prevented by greening the area surrounding
Kīhei, reducing plant destruction by deer and providing recycled R1 water
to grow mosses and plants that prevent erosion and act as firebreaks; and
WHEREAS, these
measures in conjunction with retention ponds can reduce flooding and wildfire
risk, effectively saving lives, property, and generating revenue; and
WHEREAS, Hawaii's
surface water quality standards apply to wetlands:
(1) Hawaii's State Water Code defines "water" or "waters of the State" as "any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground";
(2) Hawaii's State Water Code explicitly protects wetlands as part of stream systems; and
(3) It is the policy of the County of Maui that wetlands be restored or protected beyond what is required by the Clean Water Act, Coastal Zone Management Act, or any other law, and all discretionary permits issued by the County must be consistent with this policy; and
WHEREAS,
anchialine pools have unique and often rare ecosystems and species, several of
which are in South Maui; and
WHEREAS, without
protections, anchialine pools and other wetlands may be at risk for development
or degraded habitat, and it is financially prudent to protect and prevent
degraded wetlands because, due to the State's stringent land use laws, it is
incredibly difficult and cost-prohibitive to maintain or restore degraded
wetlands; and
WHEREAS, the
boundaries of wetlands are determined by the presence of two or more of the
three wetland indicators (hydrophytic vegetation, the presence of hydric soils,
and evidence of hydrology) listed in the 1987 United States Army Corps of
Engineers Wetland Delineation Manual and the 2012 Regional Supplement to the
Corps of Engineers Wetland Delineation Manual: Hawaii and Pacific Islands Region; and
WHEREAS, much of
Kīhei has all three of the aforementioned wetland indicators; and
WHEREAS,
Kīhei's wetlands directly receive stream, storm, and urban runoff, and
these wetlands act as a necessary filter before this water reaches the ocean;
without such filtering, high levels of sediments damage coral reefs, aquatic
life, and recreational usage; and
WHEREAS,
restoration and net gain of wetlands enhance wildfire and drought resilience,
reduce the magnitude of flooding events, and provide valuable habitat for a
variety of flora and fauna, all of which are of vital importance to Maui; and
WHEREAS, fire
and flooding in Maui are further exacerbated by the invasive axis deer
population over-grazing native plants; and
WHEREAS,
compared to native plants, invasive forest plants tend to be more fire-prone,
do not absorb as much water, and are less likely to latch onto the soil,
causing higher flooding and fire risk; now, therefore,
BE IT RESOLVED
by the House of Representatives of the Thirty-second Legislature of the State
of Hawaii, Regular Session of 2024, that the State is requested to adopt a
policy to promote a net gain in wetlands; and
BE IT FURTHER
RESOLVED that the Department of Land and Natural Resources is requested to
adopt a policy to protect and restore anchialine pools; and
BE IT FURTHER
RESOLVED that there should be substantial funding to mitigate fire and flood
risk in South Maui; and
BE IT FURTHER
RESOLVED that Kīhei wetlands should be prioritized over development
concerns where feasible; and
BE IT FURTHER
RESOLVED that funds should be prioritized for purchasing land parcels solely
for restoration and habitat protection purposes; and
BE IT FURTHER
RESOLVED that the replanting of native plants that are vital to preventing
flooding and fire disasters should be prioritized on Maui, and should be done
so in areas and ways so that they are protected from imminent destruction by
axis deer and other hazards, particularly around streambanks and wetland banks
to prevent erosion and purify water; and
BE IT FURTHER
RESOLVED that further measures should be taken to control the invasive axis
deer population in Maui, including furthering current fencing and ungulate
control efforts and hunting incentives; and
BE IT FURTHER
RESOLVED that to further axis deer hunting incentives and to better feed Maui
and all of Hawaii, the County of Maui, Department of Land and Natural
Resources, Department of Agriculture, and State of Hawaii are requested to
engage in proactive efforts to make United States
Department of Agriculture inspections and United States Department of
Agriculture butchers more accessible, feasible, and affordable for hunters to
utilize in order to sell venison; and
BE IT FURTHER
RESOLVED that these efforts by the County of Maui, Department of Land and
Natural Resources, Department of Agriculture, and State of Hawaii are requested
to aim to model other state programs that process meat and distribute it to the
community, such as Pennsylvania's Hunters Sharing the Harvest program, which donates
over one hundred thousand pounds of venison to over five thousand food banks by
allowing hunters to bring a kill to any one of a network of deer processors who
put venison into the food bank system; and
BE IT FURTHER
RESOLVED that the lands available for hunting axis deer on Maui should be
expanded where possible; private owners should continue to be incentivized to
allow axis deer hunts on private lands through programs such as the Department
of Land and Natural Resources' Landowner Incentive Program, and fiscal support
for such programs should be prioritized; and
BE IT FURTHER
RESOLVED that Mesonet and Commission on Water Resource Management hydrologic
data services are of utmost importance to track, understand, and predict fires
and flooding on Maui and throughout Hawaii, and should continue to be funded
and supported so disastrous events can be anticipated, mitigated, and planned
for when unavoidable; and
BE IT FURTHER
RESOLVED that certified copies of this Resolution be transmitted to the Governor,
Chairperson of the Board of Land and Natural Resources, Director of Health, Chairperson
of the Board of Agriculture, Mayor of Maui County, all members of the Maui
County Council, and Director of the Department of Public Works of Maui County.
Fire and Flood Mitigation; Policy for Net Gain in Wetlands
