89
THE SENATE                           S.C.R. NO.            S.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO
    CONVENE A WORK GROUP TO STUDY CONDITIONS AT PUNALU`U BEACH
    AND THE NEAR-BY KAMEHAME BEACH AND RECOMMEND APPROPRIATE
    ACTIONS TO PRESERVE AND PROTECT THE AREA'S ENDANGERED
    SPECIES AND THE ECOSYSTEM.


 1        WHEREAS, Punalu`u Beach, in the Ka`u district of Hawaii
 2   County, is the only beach in the area that is accessible to
 3   both Hawaii residents and tourists; it is the natural habitat
 4   for the endangered Hawksbill turtle and other threatened
 5   animals, including the green sea turtle; and 
 6   
 7        WHEREAS, Kamehame Beach, approximately two miles down the
 8   coast from Punalu`u, is also a significant nesting site for the
 9   Hawksbill turtle; and 
10    
11        WHEREAS, the endangered egglaying turtles and hatchlings
12   such as the Hawksbill turtle, the green sea turtle, and the
13   Hawaiian duck that are known to breed, nest, or hatch at
14   Punalu`u Beach and the nearby Kamehame Beach, are disoriented
15   or harmed and their nesting sites are damaged or destroyed by
16   unmonitored camping and recreational activities, park lights,
17   road repairs, and predators that include rats, mongoose, cats,
18   and dogs; and
19   
20        WHEREAS, Punalu`u Beach, a black sand beach formed by past
21   lava flows into the ocean, is a non-renewable beach because no
22   new black sand is replenishing it; it is suffering also from
23   the effects of subsidence and the illegal removal of beach sand
24   for sale by vendors; and
25   
26        WHEREAS, overlapping jurisdiction among government
27   agencies has led to a lack of coordination in efforts in
28   protecting and managing Punalu`u Beach; and 
29   
30        WHEREAS, the establishment of a state park at Punalu`u
31   Beach or Kamehame Beach in Hawaii County would serve a public
32   interest by preserving and restoring the fragile ecosystem of
33   the area to protect the resident endangered and threatened
34   species, and by aiding the area's economy by creating a clean,

 
Page 2                                                     89
                                  S.C.R. NO.            S.D. 2
                                                        
                                                        

 
 1   safe, and accessible beach with opportunities for local craft
 2   and food vendors in the park; now, therefore,  
 3   
 4        BE IT RESOLVED by the Senate of the Twentieth Legislature
 5   of the State of Hawaii, Regular Session of 2000, the House of
 6   Representatives concurring, that the Department of Land and
 7   Natural Resources is requested to convene a working group of
 8   community members and representatives from state, county, and
 9   federal government agencies to review the current conditions of
10   Punalu`u Beach and Kamehame Beach area and to recommend a
11   course of action that would provide a comprehensive solution to
12   protect endangered turtles and other threatened species and to
13   preserve the natural resources of the area; and
14   
15        BE IT FURTHER RESOLVED that the Chairperson and the
16   working group are requested to consider the management and
17   staffing needs, jurisdiction, and enforcement of the Punalu`u
18   Beach and Kamehame areas, including the feasibility and
19   appropriateness of establishing a state park at Punalu`u Beach
20   or Kamehame Beach that would include a strong public education
21   and interpretive program, or, in the alternative, establishing
22   a nature or marine preserve in the area.  The Chairperson and
23   the working group is requested to study, analyze, and provide
24   recommendations for issues including:
25   
26        (1)  Compliance with the Endangered Species Act;
27   
28        (2)  Restoration of currently polluted resources, the
29             removal of dangerous or illegal structures, and the
30             potential to recover costs from parties responsible
31             for habitat destruction;
32   
33        (3)  Integration of a state park into the federal Ala
34             Kahakai Trail System;
35   
36        (4)  Opportunities for local craft and food vendors in the
37             beach area;
38   
39        (5)  Rights of way, including the elimination of motorized
40             traffic on the existing sand road, and plans and
41             designs for appropriate parking facilities;
42   

 
 
 
 
 
Page 3                                                     89
                                  S.C.R. NO.            S.D. 2
                                                        
                                                        

 
 1        (6)  Elimination or control of predators that harm
 2             endangered species; and
 3   
 4        (7)  Identification and control of existing and potential
 5             sources of water pollution;
 6   
 7   and
 8   
 9        BE IT FURTHER RESOLVED that the Chairperson of the Board
10   of Land and Natural Resources is requested to submit an interim
11   report of the working group to the Legislature twenty days
12   before the convening of the Regular Session of 2001; and
13   
14        BE IT FURTHER RESOLVED that the Chairperson of the Board
15   of Land and Natural Resources is requested to submit a final
16   report of the working group to the Legislature twenty days
17   before the convening of the Regular Session of 2002; and
18   
19        BE IT FURTHER RESOLVED that certified copies of this
20   Concurrent Resolution be transmitted to the Chairperson of the
21   Board of Land and Natural Resources, the Mayor and the
22   Chairperson of the Council of the County of Hawaii, the
23   Director of the Environmental Center of the University of
24   Hawaii at Manoa, and the Earthjustice Legal Defense Fund.