SB615 SD1

SECTION 1. The legislature finds that Native Hawaiian traditional and cultural practices as they pertain to the land and the ocean, ‘aina and kai, are in immediate danger of further loss in the main Hawaiian Islands. Native Hawaiians for thousands of years before foreign contact successfully controlled their own destiny, nurtured the integrity of their people, and protected and preserved their native cultural traditions, and reserve the right to continue to do so, particularly as these traditions reflect their deep spiritual connection to the ocean and to the land. In addition, various western statutes and rules that have been adopted since the arrival of foreigners to Hawai‘i have not been successful in protecting the oceans, coastlines, forest areas, watersheds, or rivers and streams from becoming degraded, polluted, or destroyed.

The legislature further finds that Hawaiian indigenous and endemic species of marine and terrestrial life, found nowhere else on the earth, are in imminent danger of extinction. The United States Commission on Ocean Policy – in its vision and strategy for the twenty-first century and beyond – envisions clean, safe, prospering, and sustainably managed ecosystems while preserving a high level of biodiversity and a wide range of critical natural habitats. The guiding principles of the commission are, among others, sustainability, ocean‑land‑atmosphere connections, ecosystem-based management, and the use of best available science and information.

In 2005, Governor Lingle acknowledged through Executive Order No. 2005-01, which created the Hawai‘i Ocean and Coastal Council, that there is a need to protect the near-shore waters and coastline, to gather information, and to provide advice and recommendations on direction and planning for addressing ocean and coastal matters throughout the State to foster coordinated approaches that support local initiatives on ocean and coastal concerns. However, because the State is comprised of separate islands, it is difficult, if not impossible, to impose blanket laws that affect the marine resources as they differ island to island, and sometimes district to district.

Native Hawaiian people, as the host culture and those most familiar with the specific natural resources, district to district, have not been consulted on the policy‑making level on laws that directly impact their culture, despite the fact that traditional cultural methods as defined under ahupua‘a management systems have sustained the Hawaiian Islands for thousands of years.

In addition, the legislature finds that in August 2006, a puwalu consisting of traditional lawaia (fishing) and mahiai agriculture) kupuna and experts from every district in Hawai‘i was held to address the critical impacts on the Native Hawaiian culture and resources, and to come to consensus on a process to protect and perpetuate the pristine and unique ecosystem of Hawai‘i. This puwalu, through a resolution, called for the continuation of the ahupua‘a management system using konohiki, kapu, and the creation of an ‘aha moku through which the ahupua‘a management system can be applied.

The purpose of this Act is to establish a task force at the University of Hawaii to develop a plan to create a permanent ‘aha moku as an advisory body to the governmental agencies involved with regulatory policies pertaining to the ocean and to the land.

SECTION 2. (a) There is established within the University of Hawaii an ‘aha moku task force to consult on a plan for the formation of a permanent ‘aha moku advisory council developed by the participants in the Na Ho‘ohanohano I Na Kupuna Puwalu series, which would advise governmental agencies involved with regulatory policies, including the correct protocol pertaining to ocean and land use in Hawai‘i.

(b) The ‘aha moku task force shall include the following:

(1) Representatives from each moku of each island;

(2) One member representing the Association of Hawaiian Civic Clubs;

(3) One member representing the office of Hawaiian affairs;

(4) One member appointed by the president of the senate; and

(5) One member appointed by the speaker of the house of representatives.

(1) Identify the governmental agencies and their respective policies related to ocean, coastal, and land issues, and determine how these agencies would be advised by the ‘aha moku advisory council;

(2) Determine the protocols for the appointment of representatives from each moku of each island to the ‘aha moku advisory council, including consultation with the most knowledgeable kupuna or traditional practitioner accepted by that specific moku;

(3) Hold public hearings to assure input of the Native Hawaiian community on the findings and proposed recommendations of the task force; and

(4) Research a proper site within the University of Hawai‘i to be a permanent and safe repository for the data and information gathered by the ‘aha moku advisory council from each moku of each island. This information shall be accessible to educational institutions and the general public.

(d) The task force shall submit its findings and recommendations no later than twenty days prior to the convening of the regular session of 2008.

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 the work of the task force.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2007.

THE SENATE	S.B. NO.	615
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII