Report Title:

‘Ahihi-Kina‘u Natural Area Reserve; Makena-Keone‘o‘io Road

Description:

Establishes that the Makena-Keone‘o‘io government road is under the jurisdiction of the department of land and natural resources; requires the department to adopt rules pursuant to chapter 91 and section 195-5, HRS, regarding entry into the ‘Ahihi-Kina‘u natural area reserve through the Makena‑Keone‘o‘io government road.  (SD1)

THE SENATE	S.B. NO.	2739
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
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-Kina‘u 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-Keone‘o‘io 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 the Makena‑Keone‘o‘io government road is under the jurisdiction of the department of land and natural resources and to require the department to adopt rules pursuant to chapter 91 and section 195-5, Hawaii Revised Statutes, regarding entry into the ‘Ahihi-Kina‘u natural area reserve through the Makena‑Keone‘o‘io government road.

     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. The department of land and natural resources shall have exclusive jurisdiction of the Makena‑Keoneoio government road.

The department shall adopt rules pursuant to chapter 91 and section 195-5, regarding entry into the Ahihi-Kinau natural area reserve through the Makena‑Keoneoio government road."

     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 2008-2009 for repair and maintenance of the Makena‑Keone‘o‘io government road.

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

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2008.