Bill Text: HI SCR54 | 2020 | Regular Session | Amended
Bill Title: Strongly Urging Various Government Agencies To Take Appropriate Actions To Protect The Wahi Pana Of Waimakaohiiaka And Preserve The Traditional And Customary Practice Of Making Salt Beds And Gathering Paakai (salt) In Hanapepe, Kauai.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Engrossed - Dead) 2020-07-01 - Referred to FIN, referral sheet 52 [SCR54 Detail]
Download: Hawaii-2020-SCR54-Amended.html
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THE SENATE |
S.C.R. NO. |
54 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
STRONGLY URGING VARIOUS GOVERNMENT AGENCIES TO TAKE APPROPRIATE ACTIONS TO PROTECT THE WAHI PANA OF WAIMAKAOHI‘IAKA AND PRESERVE THE TRADITIONAL AND CUSTOMARY PRACTICE OF MAKING SALT BEDS AND GATHERING PA‘AKAI (SALT) IN HANAPEPE, KAUA‘I.
WHEREAS, Waimakaohi‘iaka, in the ‘ili of ‘Ukulā, in the ahupua‘a of Hanapēpē, in the moku of Kona or also known as the salt ponds of Hanapēpē is a wahi pana, a culturally significant sacred site specifically for the making of pa‘akai (salt), which has been traditionally cultivated and gathered by native Hawaiians since time immemorial; and
WHEREAS, Waimakaohi‘iaka, is
the only area in all of Hawai‘i that continues to make the salt
beds and harvest pa‘akai using these traditional methods, which
are passed generation to generation by native Hawaiian ‘ohana who
are exercising their constitutionally protected traditional and customary
salt-making knowledge and skills; and
WHEREAS, article XII, section
7, of the Hawaii State Constitution provides: "The State reaffirms and shall protect
all rights, customarily and traditionally exercised for subsistence, cultural,
and religious purposes and possessed by ahupua‘a tenants who are descendants of
native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to
the right of the State to regulate such rights"; and
WHEREAS, in keeping
with centuries-old traditions, the pa‘akai gathered at this location
cannot be bought nor is it sold, but is generously shared or traded by the twenty-two
families who are the lineal descendants of past salt-makers, resulting in this
resource being distributed throughout Kaua‘i, statewide, nationally, and
internationally for subsistence, cultural, and religious purposes; and
WHEREAS, the Hawai‘i Register
of Historic Places is an official list of properties that have been recognized for
their significance to the history, architecture, archaeology, or culture of
Hawai‘i
communities, and the Hanapēpē Salt Pans have been listed in the State
Inventory of Historic Places; and
WHEREAS, the
Waimakaohi‘iaka
parcel is zoned for conservation, and is identified as an open/special treatment
resource and cultural district by the County of Kaua‘i; and
WHEREAS, urbanization,
commercial, and recreational activities adjacent to Waimakaohi‘iaka cause
threatening factors such as dust, noise, and contamination from sources ranging
from an ill-placed helicopter operation sited at Port Allen Airport, also known
as Burns Field, and vehicles accessing the beach, to broken beer bottles and
trash left by beach users; and
WHEREAS, on June 25,
2019, the Kaua‘i Planning
Commission considered an application submitted by Smoky Mountain Helicopters,
Inc. (SMI) for after-the-fact permit applications during which over seventy-five
people testified and hundreds more submitted written testimonies to protect
this last of its kind salt making tradition in Hanapēpē; and
WHEREAS, subsequently,
the Kaua‘i Planning
Commission was preparing for a contested case hearing for the after-the-fact
permit applications and was granted intervenor status to the Hui Hana Pa‘akai o Hanapēpē,
a native Hawaiian organization formed in 1964, comprised of the twenty-two ‘ohana that
continue the salt-making and gathering practice; and
WHEREAS, on August 1,
2019, the Hui Hana Pa‘akai o Hanapēpē sent a certified
letter to the Department of Health and the United States Environmental Protection
Agency urgently requesting them to investigate immediately the use of an
unpermitted restroom facility utilizing a cesspool at Burns Field by SMI, a lessee;
and
WHEREAS, on two occasions
in August 2019, the County of Kaua‘i Planning Department sent a certified
notice of violations of Kaua‘i's comprehensive zoning ordinance
and special management area rules and regulations and orders to pay fines to
the Department of Transportation, Airports Division; SMI; D & J Air Adventures;
and Maverick Helicopter citing the illegal development within the special area management
district, failure to secure required special management area permit
determination, and violations of the comprehensive zoning ordinance; and
WHEREAS, in response to
inquiries sent by State Representative Dee Morikawa and Kaua‘i
Councilman Luke Evslin, the Department of Health Wastewater Branch (WWB)
investigated the site on August 21, 2019, and found that: an illegal cesspool was constructed but not in
use, the Maverick Helicopters facility was utilizing two portable toilets,
plumbing fixtures (toilet, sink and associated piping) were recently removed
from the facility's restroom, no wastewater was observed being discharged to
the illegal cesspool, and the WWB will be issuing the facility a field citation
for the construction of an illegal cesspool; and
WHEREAS, additional
WWB investigations found that: SMI had
previously utilized an unapproved cesspool for an unpermitted restroom, the
cesspool was not in use and the fixtures from the restroom were removed before
the inspection, two portable toilets were provided at the Maverick Helicopters
facility for employees and customers, the WWB will be issuing the Maverick
Helicopters a field citation for the construction and use of a cesspool that
was not approved by the Director of Health, and Maverick Helicopters will be
ordered to: (1) properly abandon the
cesspool; (2) obtain a building permit for the restroom; (3) construct a new
individual wastewater system to serve the restroom; and (4) remove the two
portable toilets after the individual wastewater system is issued an approval
to use from the WWB; and
WHEREAS, on August 30,
2019, the County of Kaua‘i Director of Planning received a
copy of a letter from Belles Graham LLP representing SMI in receipt of the
Planning Department's letter dated August 5, 2019, informing the client of a
Notice of Violation and Order to Pay Fines, as well as a Petition to Appeal
Decision of the Planning Director as provided for by chapter 9 of the Planning
Commission rules; and
WHEREAS, the Hui Hana Pa‘akai o
Hanapēpē has developed a web strategy to share updated and relevant
information with the community, which can be found on their website; now, therefore,
BE IT
RESOLVED by the Senate of the Thirtieth Legislature of the State of Hawai‘i, Regular
Session of 2020, the House of Representatives concurring, that the Governor and County of Kaua‘i are strongly urged to protect the wahi pana of
Waimakaohi‘iaka and the traditional and customary practice of
making salt beds and gathering pa‘akai
(salt) in Hanapēpē, Kaua‘i for all future generations; and
BE IT FURTHER RESOLVED
that this body stands in solidarity with the Hui Hana Pa‘akai o Hanapēpē
as protectors of the wahi pana; and
BE IT FURTHER RESOLVED
that the Department of Transportation is strongly urged to order the relocation
of the operations of Smoky Mountain Helicopters, Inc. from Burns Field to the
more appropriate Līhu‘e Airport where all other Kaua‘i
helicopter tour businesses operate, then close the Port Allen Airport, and provide
adequate security to prevent illegal trespassing and camping in the areas under
its jurisdiction; and
BE IT FURTHER RESOLVED
that the Department of Land and Natural Resources and the County of Kaua‘i are urged
to control, regulate, and enforce illegal beach access impacting the salt ponds
in the areas under its jurisdictions; and
BE IT FURTHER RESOLVED
that the United States Environmental Protection Agency is urged to investigate
the use of an unpermitted restroom facility utilizing a cesspool at Burns
Field, Kaua‘i by SMI
and send a response to the Hui Hana Pa‘akai o Hanapēpē; and
BE IT FURTHER RESOLVED
that certified copies of this Concurrent Resolution be transmitted to the Administrator
of the United States Environmental Protection Agency, Governor, Chair of the
Board of Trustees of the Office of Hawaiian Affairs, Chairperson of the Board of
Land and Natural Resources, Director of Transportation, Mayors of each county, Chair
of County of Kaua‘i Council, Chair of County of Kaua‘i Planning
Commission, County of Kaua‘i Planning Department, and President
of the Association of Hawaiian Civic Clubs.
Agencies; Waimakaohi‘iaka; Salt Beds
