HB1948 HD2

SECTION 1. The legislature finds that the original Polynesian colonists of Hawaii came from the Marquesas islands some time between 350 - 750 A.D. The evidence pointing to the Marquesas as the original homeland of the first Polynesians to settle Hawaii is based on three things:

(1) The Hawaiian language is most closely related to Marquesan;

(2) An analysis of prehistoric skeletal remains shows a very close relationship between traits of the Hawaiian and Marquesan populations; and

(3) A comparison of DNA in populations of the Pacific rat, which was widely spread by the Polynesians, shows a link between the Hawaiian and Marquesan rat populations.

It is possible that there was more than one settlement voyage, with multiple voyages from both the Marquesas and Tahiti. Hawaiian oral traditions speak of long distance voyages and their famous navigators, Pa'ao, Mo'i-keha, Kila, and La'a-mai-kahiki.

The successful expeditions of the modern day double-hulled voyaging canoe Hokule'a from Aotearoa (New Zealand) to Rapa-Nui (Easter Island) attest to the sailing and navigational skills that made Polynesia's explorers the greatest sailors of all time.

When the first settlers arrived here, they found incredibly unique ecosystems, and within those ecosystems they discovered that they could sustain themselves, other than the marine ecosystem. The plants they brought with them in their voyaging canoes were the core of their culture. They were their food plants, their fiber plants, their medicine plants, their ritual plants. Initially, they would have looked for a place with abundant marine resources, fresh water, and rainfall to water the plants that they had brought with them on their voyages.

The traditional Hawaiian values placed the 'aina and the ali'i nui (high chiefs) as elder siblings (brother or sister), with the maka'ainana as the younger sibling - all three having descended from the mating of the earth and sky. It was the duty of the maka'ainana to malama 'aina (care for the land), while it was the duty of the 'aina and the ali'i nui to ho'omalu (protect) the maka'ainana.

The ahupua'a was viewed as a single system. The konohiki managed the ahupua'a as one system. What happened in any one part of the ahupua'a affected all the other parts. The head was connected to the tail, the mauka connected to the makai. The maka'ainana worked as a community with a shared interest in protecting the land and water resources from wao to ko kaha kai.

Pre-contact Hawaiians depended upon an extremely ordered and equitable system of land division in which district boundaries were most carefully planned and laid out. This guaranteed that all natives residing within these boundaries would receive a fair share in the rights, privileges, and benefits essential for a self-sufficient yet comfortable life. Private landownership was unknown, and public, common use of the ahupua’a resources demanded that boundaries be drawn to include sufficient land for residence and cultivation, freshwater sources, shoreline, and open ocean access.

There was a clear line of responsibility from gods to ali'i to konohiki to maka'ainana. There were clear kapu (prohibitions), which controlled when and how resources were used, with very strict penalties for those who did not follow the kapu.

As the native Hawaiians used the resources within their ahupua'a, they practiced aloha (respect), laulima (cooperation), and malama (stewardship) which resulted in a desirable pono (balance). This is sound resource management where the interconnectedness of the clouds, forests, streams, fishponds, sea, and people is clearly recognized.

Hawaiian settlers changed their new island home to suit their needs. The kula (lowland mesic forest) was cleared for agriculture, valley slopes were terraced, the muliwai (estuary) was used for fishponds, the wao akua (wet forest) provided building materials, firewood, and medicinal plants; and birds were captured for food and released once the feathers were gathered.

Hawaiian native plants and animals developed over many millions of years with no defense against large ground predators like man, or man's domestic plants and animals. The first canoe carried perhaps up to thirty types of crop plants, pigs, dogs, and chickens. Also on board were stowaways like the Polynesian rat, geckos, landsnails, and weeds.

A major change was habitat alteration for agriculture. As the population grew, more and more of the lowland mesic forest was cleared and used to grow food. Other areas were burned to encourage the growth of pili grass, used for covering their houses. The wao akua was less affected, yet it was logged for woods like koa and 'ohi'a.

As in most of the Pacific islands, many species of endemic sea and land birds became extinct after the arrival of man. At least forty endemic species disappeared: large flightless geese, ibises, rails, pueo, an i'o, an eagle, ravens, and many honeycreepers. The cause of these extinction was not only gathering for feathers and food, but also the introduction of the Polynesian and Norwegian rat, wild pigs, and destruction of the kula habitat.

To the farmer, wai was life, wai was wealth, wai was the source of the law of the land. Wai was needed to grow kalo, the principal food resource. The right to use wai depended on the use of it. As long as the maka'ainana cultivated the land and contributed their share of labor required to maintain the water resource, they had a right to use the water for their kalo.

Kalo lo'i alone could claim the water. Other plants were considered dry land crops, unless there was water to spare. People worked together to build and maintain lo'i (taro fields) and 'auwai (irrigation canals) in each of the ahupua'a.

Kalo cannot grow in stagnant water. It needs a constant supply of cool water flowing through it. Although planters diverted water from the stream into an 'auwai to deliver this water to the lo'i, the total amount taken was never more than fifty per cent of the total flow. Once used in the lo'i, the water was returned to the stream. Pani wai (dams) were used to divert the stream into the 'auwai.

These pani wai were built by stacking basalt boulders across a stream. This did not change the stream bottom and stream width, or block the passage of native stream animals from mauka to makai. Groups sharing the pani wai killed anyone who broke it, cramming the dead body into the break. Water was extremely serious to the native planter.

Another use of wai was for aquaculture. The invention of the loko ‘ia (fishpond) was a special achievement of the Hawaiians. Fishponds were highly productive and developed during the growth and expansion of the population. Those who had fishponds loved the lands where they dwelt. Fishponds were things that beautified the land, and a land with many fishponds was called fat.

The main species of fish raised in ponds were awa (milkfish) and anae (mullet). It was not unusual for a taro farmer to cultivate o’opu and opae in his loko ‘ia kalo.

Tradition associates the most famous loko ‘ia, Alekoko fishpond, with two ali’i, a brother and a sister. These fishponds were symbols of chiefly status and power, and usually under the direct control of ali’i or konohiki. The fish from these ponds often went to feed chiefly households.

Hawaiians were primarily planters of the land. By the time Captain Cook arrived in 1778, Hawaiians had developed agricultural production far beyond any of their Polynesian relatives elsewhere in the Pacific.

Hawaiian agriculture was based on two main crop plants. The first was kalo (taro), a water-loving plant of southeast Asian origin. No other Polynesian society admired kalo as a plant and source of food as much as the Hawaiians. The Marquesans favored breadfruit, the Tahitians preferred bananas, but the Hawaiians chose kalo. It was and is the heart of their culture. In all of Polynesia, there were no extensive flat valley bottoms, so perfect for kalo cultivation, that could compare to those found in Hawaii.

Second only to kalo as a crop plant was 'uala (sweet potato), which is tolerant of dry conditions and capable of producing high yields, even in marginal soil. Because 'uala is of South American origin, it was once believed that Polynesians were from that area. However, our recent understanding of the voyaging skills of Polynesian explorers indicates that they acquired the plant in their travels, well before European arrival.

Other crop plants important to the native planter were: mai'a (banana), 'ulu (breadfruit), ko (sugarcane), niu (coconut), uhi (yam). Other plants extensively cultivated were wauke (paper mulberry) for kapa, 'awa as a narcotic, ipu (gourd) for containers and musical instruments, hala for mats, and many other useful and medicinal plants. However, crop tending activities were most focused on kalo and 'uala.

The earliest planters did not immediately begin construction of large irrigation systems for taro because their small population did not require intensive production. For the first few centuries following their arrival, slash and burn gardens, or shifting cultivations, were their most efficient techniques. Land early on was plentiful, and Hawaiian settlers also made extensive use of the natural food resources such as native birds, fish, and shellfish. However, in the period from. 1100-1600 A.D, the Hawaiian population would grow to several hundred thousand. It was at this time that large irrigation works, dryland field cultivation, and aquaculture were developed. This period was called the expansion period, because the growing population, having occupied all the choice agricultural lands, had to expand into marginal areas with less agricultural resources.

It was in the expansion period that stone-faced lo'i (pondfields) and 'auwai (irrigation channels) were built. Around the fifteenth century, the earliest loko 'ia (fishponds) were built. The native population had become large enough to provide the labor for these massive projects of agricultural intensification.

It was in the expansion period that the ahupua'a system of land management developed, along with its associated social class structure. As the population grew and the amount of available land and resources diminished, the need to divide these resources and resolve territorial boundaries increased, thus, the ahupua'a system was formed. Residents of an ahupua'a had free access to all the resources in their ahupua'a, from mauka to makai and makai to mauka.

By the expansion period, the society had divided into a pyramid type of structure, with the mo'i (king) at the top, layers of ali'i (chiefs) below him, the konohiki (managers) in charge of the ahupua'a below them, and at the bottom the maka'ainana (common people). The maka'ainana were the real native planters, and as their name suggests, "the eyes of the land". At the top of the pyramid, ali'i nui.

In return for their use of the land, the maka'ainana owed the upper layers of chiefs labor, loyalty, and a share of their agricultural product. All rights to the land were with the ali'i, and the ali'i could gain or lose power with a turnover in chiefs above them. Changes in the upper level ali'i rarely affected the native planters because the maka'ainana who faithfully cultivated the land were valuable to whoever was in power.

Once constructed, Hawaiian irrigation systems did not require much management. However, these systems produced high yields for the labor invested.

'Ainakumuwai is the land that is the source of the water. It is another name for the watershed. The quality of a stream's water depends on its source. Rain runs off of the land into streams, or percolates into the groundwater. Whatever the rain carries into a stream affects the qualities of that stream.

High quality Hawaiian streams are clear, cold, and have a strong flow all year long. There is little sediment, leaf litter, and other loose debris because of uninterrupted stream flow and flash floods caused by heavy rains in the mountains. Flow rates can rise and fall rapidly in response to rainfall. Hawaiian streams have a relatively short and steep descent from the mountains, and their bottoms are typically basalt (bedrock, boulders, cobbles, gravel, and sand). Any withdrawal of water by well, tunnel, or diversion affects the stream flow (mauka to makai connection).

Biologically, alien introduced species dominate to the near exclusion of native species. We see primarily poeciliid fish (small mouth bass, guppies, sword tail, medaka). Hinana (young 'o'opu) are like candy to these introduced fish. Many streams are a poor habitat for native species because of severe sedimentation, dewatering, bank erosion, and human impacts to papa (level) areas. The papa (level) zone and forests are mostly alien species.

When humans arrived over a thousand years ago, they began changing their new island home to suit their needs. We have examined the attitudes and effects of the ahupua'a and plantation management systems on land, water, and sustainability throughout Hawaii. As we continue to change our island home, the effects of our decisions will be visible in the streams and water. We have looked at what was and what is. What will be is our kuleana (responsibility).

Over the past two hundred years, we have seen and experienced severe changes. These changes include the deterioration of the Hawaiian culture, language, values, and land tenure system which have in part resulted in the over-development of the coastline, alteration of fresh water streams, destruction of the life-giving watersheds, decimation of the coral reefs, and decline of endemic marine and terrestrial species.

Stewardship of the land and its resources was formalized through the kapu system. The kapu (taboo), administered and enforced by konohiki and kahuna, or priests who placed restrictions on fishing certain species during specific seasons, on gathering and replacing certain plants, and on many aspects of social interaction, as well. In this way, the community maintained a sustainable lifestyle. Through sharing resources and constantly working within the rhythms of their natural environment, Hawaiians enjoyed abundance and a quality lifestyle with leisure time for recreation during the harvest season of the year. This lifestyle also encouraged a high level of artistic achievement. Many crafts, including Hawaiian kapa and featherwork, were the finest in the Pacific. Hawaiians devoted themselves to competitive sport and martial arts, as well as expression through dance and chant, creating rich traditions that continue today.

Restoration is the return of a degraded ecosystem to a close approximation of its remaining natural potential. We already know some of the problems that restoration has to deal with. We review the physical, chemical, and biological conditions separately, although they work together as one system. Then we speak about the most important element of all -- the modern day maka'ainana.

The ahupua'a is an ancient Hawaiian land division system which contained strips of land that extended from the mountain to the kupapaku (ocean floor). The ahupua'a supported a self-contained and ola (life giving) community working with a spirit of cooperation of caring and revering the land to meet the needs of all. Through the study of the ancient Hawaiian ahupua'a, the biological and non-biological factors and their interactions, we hope to identify those elements which supported the success of that ecological system. Learning to build on those elements and not rival nature but to cooperate and live in harmony with her to build a sustainable future is the goal.

Native Hawaiian culture is knowledge passed on for generations and still living for the purposes of perpetuating traditional protocols, caring for and protecting the environment, and strengthening cultural and spiritual connections. It is through the aha moku council that native Hawaiians protected their environment and sustained the abundance of resources which they depended upon for thousands of years.

Today, many Hawaiian communities are becoming revitalized by using the knowledge of cultural practitioners that was passed down through our kupuna and experienced farmers (mahi'ai) and fishers (lawai'a) to engage and enhance both sustainability and subsistence and self-sufficiency.

Furthermore, many Hawaiian communities are interested, concerned, involved, willing, and able to advise the departments, agencies, organizations, and other groups in integrating traditional knowledge and ahupua'a management practices.

This is consistent with the Hawaii State Constitution which reaffirms and protects 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 rights of the State to regulate such rights.

In addition, the legislature finds that on August 15-17, 2006, The Ho'ohanohano I Na Kupuna Puwalu series began and native Hawaiian cultural and traditional practitioners versed in lawai'a and mahiai, ocean and land ahupua'a methods gathered to discuss and bring forth the wisdom of the kupuna and ancestors. It was a gathering of empirical knowledge handed down from generation to generation on traditional fishing, agriculture, streams, fishponds, and land use methodology based on the ahupua'a system. Representatives from thirty-seven moku in the State of Hawaii, over one hundred ahupua'a practitioners, including kupuna and the acknowledged traditional experts of each moku came forth with their mana'o and concerns.

The conclusion of Puwalu Ekahi was the creation of a resolution calling on the Hawaiian people to begin the process to uphold and continue Hawaiian traditional land and ocean practices. Perpetuating and preserving the knowledge of the practitioners through the continuation of the konohiki management, the kapu system, the creation of an 'aha moku and the ahupua'a management system was the consensus of all.

On November 8 and 9, 2006, Puwalu 'Elua brought together educators, administrators, cultural practitioners, and kupuna to discuss practices, concepts, and items such as:

(1) Values and the spiritual connection between natural resources and native Hawaiians;

(2) The ahupua'a concept;

(3) Generational knowledge and generational learning;

(4) The importance of place names and mo'olelo; seasonal closures and lunar calendars;

(5) Fishing practices;

(6) Northwest Hawaiian islands;

(7) Konohiki connections;

(8) Marine protected areas;

(9) Upena (nets);

(10) Placed based kapu;

(11) Limu; and

(12) Pu'uhonua concepts that could be developed as the educational framework to integrate this knowledge into the curricula for all public, private, charter, and Hawaiian immersion schools in Hawaii.

On December 19 and 20, 2006, Puwalu 'Ekolu brought together major policymakers and stakeholders in the protection of the Hawaii ecosystem. Native Hawaiian practitioners, experts in traditional methods of sustainability, and government policymakers, including members of the Hawaii state legislature, Hawaii state agency directors, environmental groups, educational leaders, and Hawaiian community organizations discussed existing programs, their successes and failures in community capacity building improved. In conclusion, it was agreed that statutes and ordinances and a framework for community consultation using the Hawaiian perspective and traditional methods such as the ahupua'a management system was needed and the creation of "aha moku councils" should be established.

In the 2005 "Hawaii Ocean Resources Management Plan" report to the twenty-third legislature regular session of 2006, it was identified under the protection of natural and cultural resources section that development of a system for assessing management needs and developing management practices that draw collectively on regulatory, science-based, traditional, and cultural, community-based and political systems such as the konohiki or ahupua'a concept is needed. Aha moku councils provide meaningful feedback.

The purpose of this Act is to create a system of "best practices" based upon the indigenous resource management practices of moku (regional) boundaries that acknowledge the natural contours of land, the specific resources located within those areas, and the methodology necessary to sustain those resources and community.

This aha moku council system shall foster understanding and practical use of knowledge, including native Hawaiian methodology and expertise, to assure responsible stewardship and awareness of the interconnectedness of the clouds, forests, valleys, land, streams, fishponds, and sea. It shall include the use of community expertise and establish programs and projects to improve communication, education, and training on the stewardship (mauka to makai and makai to mauka) issues throughout the region (moku) and increase scientific education among related professions, including community residents and native Hawaiians.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 12 to be appropriately designated and to read as follows:

“Chapter

AHA MOKU COUNCIL SYSTEM

§ -1 Aha moku council system and commission; purpose. (a) The purpose of the aha moku council system, which shall consist of thirty-nine aha moku councils, with the administrative assistance of the aha moku council commission and executive secretary, shall be to collect information and recommendations from the ahupua'a residents within each moku and people who are knowledgeable on the moku, to advise the State, including the governor, the department, and the legislature, based on the indigenous resources management practices of moku boundaries that acknowledge the natural contours of the land, the specific resources located within the moku, and the methodology necessary to sustain those resources and the community to, among other things:

(1) Ensure the future sustainable use of the State's

marine, land, cultural, agricultural, and natural

resources;

(2) Create a system of "best practices";

(3) Foster understanding and practical use of knowledge,

including native native Hawaiian methodology and

expertise; and

(4) Establish programs and projects to improve

communication, education, and training on stewardship

issues within individual mokus.

(b) The councils shall:

(1) Be consulted in an advisory capacity to all state

agencies; and

(2) Submit information and recommendations to relevant

state agencies when a moku feels it is necessary to

do so within the context of any state activity.

§ -2 Definitions. For the purposes of this chapter:

"Aha moku council commission" or "commission" means the administrative office of the council system that is responsible for providing administrative and technical support services to enable all of the councils to carry out their mandates.

"Aha moku council" or "council" means a council composed of the most knowledgeable experts in the trade of lawaia (fisher), mahiai (farmer), practioners, and kupuna for each moku of the islands of Hawaii, Maui, Molokai, Lanai, Kahoolawe, Oahu, Kauai, Niihau, and Molokini.

"Ahupua'a resident" means a resident who lives in the ahupua'a as the resident's primary and permanent residence.

"Department" means the department of land and natural resources.

"Moku" means a district designated by the regions listed in section -3(b).

§ -3 Aha moku council commission; establishment. (a) There is established the aha moku council commission which shall be placed within the department for administrative purposes. The commission shall consist of one representative who shall serve all of the aha moku councils, be appointed by the governor, and serve as the executive secretary of the aha moku council system. The governor shall make the appointment based on recommendations made by the councils. The commission shall provide administrative support to each council to enable the council to carry out the formation and operation determinations as listed in section -5, upon the council's request.

(b) The aha moku council system shall be composed of councils for each of the mokus identified in this section within the islands of Hawaii, Maui, Molokai, Lanai, Kahoolawe, Oahu, Kauai, Niihau, and Molokini, which each constitute a region, as follows:

(1) The island of Hawaii shall consist of the mokus of Kau, Puna, Hilo, Hamakua, Kohala, and Kona;

(2) The island of Maui shall consist of the mokus of Hamakualoa, Hamakuapoko, Hana, Honuaula, Kaanapali, Kahikinui, Kaupo, Kipahulu, Koolau, Kula, Lahaina, and Wailuku;

(3) The island of Molokai shall consist of the mokus of Halawa, Kaluakoi, Kawela, and Palaau;

(4) The island of Lanai shall consist of the mokus of Koolau and Kona;

(5) The island of Kahoolawe shall consist of the moku of Kahoolawe;

(6) The island of Oahu shall consist of the mokus of Ewa, Kona, Koolaupoko, Koolauloa, Waialua, and Waianae;

(7) The island of Kauai shall consist of the mokus of Halelea, Kona, Koolau, Napali, and Puna;

(8) The island of Niihau shall consist of the mokus of Kona and Koolau; and

(9) The island of Molokini shall consist of the moku of Molokini.

§ -4 Executive secretary. (a) The executive secretary shall:

(1) Certify the elections conducted by each council;

(2) Ensure that the electoral processes, including the

qualifications of membership, adopted by each moku is

in accordance with state and federal laws;

(3) Communicate the findings of each council in reports to

the governor, department, and legislature, whenever

requested to do so by any of the councils; and

(4) Serve as record keeper of all reports and findings

prepared by all councils for public viewing purposes.

(b) The executive secretary shall not be a voting member on any council.

(c) The executive secretary shall serve without compensation, but shall be reimbursed for necessary expenses incurred during the performance of the executive secretary's duties.

§ -5 Council operations. Each council shall determine and adopt for the individual council the following, in accordance with law, based on a consensus developed by interested parties during regional community meetings and other sources of input:

(1) The electoral process for the members of each council;

(2) The number of members in each council;

(3) Qualification for membership on each council; and

(4) Term limits for the members of each council.

§ -6 Advisory capacity; advocacy; regional community development programs. (a) All state agencies shall obtain advisory input from all councils that are likely to be affected by the state agency's proposed activity, for management and maintenance of marine, land, cultural, agricultural, and natural resources to ensure their future sustainable use.

(b) The councils shall:

(1) Treat the ahupua'a as the basis of the State's traditional resource management system;

(2) Hold meetings to collect information and recommendations from the individual council's ahupua'a residents and people who are knowledgeable of the

moku, on management strategies to perpetuate the marine, land, cultural, agricultural, and natural

resources of the moku;

(3) Act as advocates for the people and resources found in the moku; and

(4) Communicate the information and recommendations of the ahupua'a, including proposed legislation, through its

executive secretary to the governor, department, and

legislature, by requesting the executive secretary to

submit the information for consideration to the

governor, department, or legislature,

to assist the State in the development of a comprehensive set of best sustainable practices for marine, land, cultural, agricultural, and natural resources management.

(c) The councils may establish regional community development programs for fishery, agriculture, water, or land use within State jurisdiction to provide access and sustainability practices to a region's fishery and agriculture that enhances the region's community education, cultural awareness, and participation in protection and preservation of the state's natural resources.

§ -7 Rule-making authority. The department, in consultation with the councils, representatives of state and county marine and fishery, agriculture, water and land use agencies and appropriate Hawaiian organizations, including the office of Hawaiian affairs and the department of Hawaiian home lands, shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2007-2008 for administrative costs related to the aha moku council system.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. This Act shall take effect upon its approval; provided that section 3 of this Act shall take effect on July 1, 2020.

HOUSE OF REPRESENTATIVES	H.B. NO.	1948
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 2
STATE OF HAWAII