Bill Text: HI SB2485 | 2010 | Regular Session | Amended
Bill Title: Mokauea Island
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2010-02-11 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO. [SB2485 Detail]
Download: Hawaii-2010-SB2485-Amended.html
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THE SENATE |
S.B. NO. |
2485 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOKAUEA ISLAND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In Keehi Lagoon, between Honolulu harbor and the Honolulu International Airport and less than half a mile from the bustling metropolis of downtown Honolulu, lies the small, ten-acre Mokauea island. Maps dating as far back as 1817 show the fishing village at Mokauea island, the site of Oahu's last Hawaiian fishing village and one of hundreds that thrived in pre-European times. These villages were a repository of an impressive and significant body of maritime skills including knowledge of the sea, currents, tides, seasonalities, and the building and handling of finely crafted canoes and fishing equipment.
Mokauea island's fishing community was once entirely self-sufficient due to a functional fishpond, cultivation of vegetable and medicinal plants, as well as limu, and a healthy supply of reef fish in the surrounding area. However, in 1972, the State attempted to evict the remaining seventeen families from Mokauea in order to build an airport runway extension. Several fishers were arrested for trespassing on land their families had lived on for generations. In June of 1975, in a final eviction attempt, the State burned down five fisher's homes. These actions were recorded by local media and, following a public outcry, the State negotiated a sixty-five year lease with the islanders in 1978, agreeing to let them stay if they would rebuild their houses according to the building code and establish an educational program for local students to learn about traditional fishing and the reef environment. The United States Navy provided labor and machinery to construct a fishpond on the eastern side of the island and consultants from the University of Hawaii helped island residents stock it.
The fishers and their families rebuilt their homes, and the Mokauea Fishermen's Association began their work restoring and reviving the fishing village with the cooperation of the United States Army and groups of students, teachers, scholars, and scientists. Over the next thirty years, the fishpond faced challenges ranging from invasive species to pollution and was ultimately abandoned. Similarly, the Mokauea community's plans to rejuvenate the island have faced many obstacles since that time. Costs of rebuilding together with the high cost of living in Honolulu generally have forced many families off the island. By 2005, only a handful of families remained on the island and none possessed the financial or time resources needed to set up an educational program or the needed facilities without assistance.
Since 2005, Kai Makana, a not-for-profit, tax exempt corporation, has been leading the effort to environmentally and culturally restore Mokauea island. Adopting the original vision of the Mokauea Fishermen's Association, its goal is to recreate a living example of a traditional Hawaiian subsistence fishing village as a learning center that will allow for scientific studies and the perpetuation and practice of Hawaiian fishing and seafaring culture. Projects planned or underway include the clearing of invasive species, identification and reintroduction of appropriate native plants, restoration of the fishpond, and regular removal of marine debris. Infrastructure is also being planned, including renewable energy systems, water production, wastewater and solid waste management, a community organic garden, telecommunications, and security. These efforts are being supported by a diverse collection of community members, schools, private businesses, and government agencies, who share an interest in preserving Mokauea as a unique Hawaiian fishing village.
The purpose of this Act is to facilitate creation of an educational center where students, teachers, and other members of the public can learn the traditional methods used in a self‑sustaining Hawaiian fishing village.
SECTION 2. Within sixty days of the effective date of this Act, the governor shall designate the state agency that shall have jurisdiction over Mokauea island for the purposes of this Act. Upon designation by the governor, "state agency" as used in this Act shall mean the state agency so designated by the governor.
SECTION 3. Notwithstanding any other law to the contrary, including chapter 171, Hawaii Revised Statutes, the state agency is authorized to renegotiate and enter into long-term residential leases for lands comprising the entirety of what is commonly known as Mokauea island, Keehi Lagoon, Oahu, not to exceed sixty-five years in duration, with persons who reside and have continuously resided on Mokauea island, or the lineal descendants of those who reside and have continuously resided on Mokauea island, since July 25, 1978, pursuant to a lease between the State and the Mokauea Fishermen's Association, now known as the Mokauea Fishing Village Association.
SECTION 4. In consideration of the leases granted by the State pursuant to this Act, in cooperation with the state agency and with the guidance of the Mokauea island advisory committee established pursuant to section 6, lessees shall agree to participate in, and become an essential part of, an educational center where students, teachers, and other members of the public can learn the traditional methods used in a self-sustaining Hawaiian fishing village. The state agency shall establish a monitoring system and enforcement mechanism to ensure compliance with these agreements and may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, for these purposes.
SECTION 5. The leases under this Act shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency related to zoning and construction standards for subdivisions, the development and improvement of land, and the construction of units thereon; provided that the state agency determines that the exemptions are consistent with the purposes of this Act and the leases meet minimum requirements for health and safety.
SECTION 6. (a) There is established the Mokauea island advisory committee, which shall:
(1) Advise the state agency on matters related to the management of leases under this Act, including eligibility requirements for applicants for leases and the monitoring of lessee compliance with participation in the interpretive programs; and
(2) Provide guidance to the lessees in fulfilling their obligation to participate in the interpretive and caretaking programs on Mokauea island.
(b) The advisory committee shall consist of six members appointed without regard to section 26-34, Hawaii Revised Statutes, as follows:
(1) One member representing the state agency, as designated by the director or chairperson of that state agency;
(2) Two members of the Mokauea Fishing Village Association, as designated by the association;
(3) One member representing Kai Makana, as designated by the governor;
(4) One member of the Native Hawaiian Legal Corporation, as designated by the corporation; and
(5) One member of the board of trustees of the office of Hawaiian affairs, as designated by the board.
SECTION 7. The state agency shall have exclusive authority on Mokauea island to enforce criminal laws, except as that authority may be delegated to, or shared with, another state or county law enforcement agency pursuant to a memorandum of understanding or other agreement.
SECTION 8. This Act shall take effect upon its approval.
Report Title:
Mokauea Island
Description:
Authorizes a state agency, to be designated by the governor, to renegotiate leases with residents of Mokauea island to facilitate creation of an educational center where students, teachers, and other members of the public can learn the traditional methods used in a self sustaining Hawaiian fishing village. Establishes the Mokauea island advisory committee. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
