RESOLUTION

WHEREAS, in late 2003, a raft with a shack affixed to it that is best described as a "squatter barge" was anchored off the shore at Laenani Park; and

WHEREAS, shortly thereafter, residents registered many complaints with the City & County of Honolulu and various State agencies regarding the litter left in Laenani Park by the owner of the barge and suspected drug trafficking off of the barge; and

WHEREAS, the numerous complaints and public scrutiny apparently forced the "squatter barge" to weigh anchor in 2005; and

WHEREAS, undeterred, the "squatter barge" anchored off another part of the Kaneohe Bay shoreline, going so far as to moor the "barge" on trees located on the property of another without permission, and destroying foliage on the property in order to provide easy access from shoreline to road; and

WHEREAS, as was the case when the floating shack moored off Laenani, residents in the immediate area began to report incidences of theft and break-ins, litter, and heavily increased foot traffic to and from the "barge" and drug trafficking activities; and

WHEREAS, residents registered many complaints with the City & County of Honolulu, various State agencies, and elected officials about the activities of the owner of the "barge", as well as elected officials from the area; and

WHEREAS, the residents of the area have also complained about physical threats and a history of violence by the owner and occupants of the "barge", and have been victimized by retaliation; and

WHEREAS, in response to a request for a legal opinion from the representative of the area, the Attorney General opined that the owner of the "barge" could moor on the edge of Kaneohe Bay only if the owner obtained a permit from the Division of Boating and Ocean Recreation of the Department of Land and Natural Resources; and

WHEREAS, the Attorney General also found that the owner of the "barge" does not have the required permit; and

WHEREAS, after receiving the complaints and the opinion of the Attorney General, the Department of Land and Natural Resources has not acted to enforce its own rules, allowing a known threat to the community and lawbreaker to remain when the Department has the means to remove him; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the Legislature strongly requests the Department of Land and Natural Resources to enforce its permitting rules with respect to this "squatter barge", as set forth by the Attorney General in its expedited opinion; and

BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is requested to amend its rules such that the Department can clearly deal with this "squatter barge" and future similar problems without delay and confusion due to misguided interpretations of its own administrative rules; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Department of Land and Natural Resources, the Administrator of the Division of Boating and Ocean Recreation, the Attorney General, and the Kahaluu Neighborhood Board.

Report Title:

Department of Land and Natural Resources; rules enforcement