SB2739

THE SENATE	S.B. NO.	2739
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating TO the makena-keoneoio government road.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the Ahihi-Kinau area on Maui's southwest flank, which contains the most recent lava flow from Haleakala, was the first designated natural area reserve in the State, back in June 1973. The natural area reserve contains numerous ancient Hawaiian archaeological and cultural sites; fragile anchialine ponds, containing endangered endemic aquatic species; and isolated coves, small bays, and coral reefs, containing numerous species of marine fauna, including fish, crustaceans, corals, and aquatic vegetation.

The Makena-Keoneoio government road that traverses the natural area reserve permits uncontrolled public access to the natural area reserve. Further, publicity of the natural area reserve and its many resources in travel books and journals is attracting hundreds of visitors from all over the world every day. This influx of visitors is having an enormous negative impact on the natural area reserve and its resources.

The purpose of this Act is to establish that Makena‑Keoneoio government road is under the jurisdiction of the department of land and natural resources and is to be used as an access road to the Ahihi-Kinau natural area reserve.

SECTION 2. Chapter 195, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§195‑ Ahihi-Kinau natural area reserve; Makena-Keoneoio government road. (a) The department of land and natural resources shall have exclusive jurisdiction of the Makena‑Keoneoio government road.

(b) Public access to the Makena-Keoneoio government road where it traverses the Ahihi-Kinau natural area reserve shall be prohibited, except for:

(1) Legal residents of the area who require access to their residences using the road;

(2) State and county officials and employees requiring access for the maintenance of the road and the maintenance of the natural area reserve and its resources; and

(3) Persons who are permitted into the natural area reserve pursuant to administrative rules adopted by the department of land and natural resources."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________