HOUSE OF REPRESENTATIVES	H.B. NO.	2820
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HAWAIIAN FISHPONDS.

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

PART I

     SECTION 1.  Chapter 183B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§183B-  East Honolulu fishpond heritage area; established. (a)  The department of land and natural resources shall establish the east Honolulu fishpond heritage area to:

(1) Preserve existing cultural and historical sites, including traditional rock walls, fishpond gates, and auwai;

(2) Preserve existing native Hawaiian fish, plants, and endangered birds that presently inhabit the area; and

(3) Preserve existing spring water sources, on the surface and underground, from harmful alterations or development.

(b)  The department of land and natural resources shall consult as necessary with appropriate federal, state, and county agencies and community members to implement this section.

(c)  For purposes of this section, "east Honolulu fishpond heritage area" encompasses:

(1) The Kalauhaihai fishpond, identified by tax map key numbers 3-7-002:018 and 3-7-002-77;

(2) The state-owned portion of Kanewai fishpond, identified by tax map key number 3-8-002-030; and

(3) The land identified by tax map key number 3-8-002-027."

PART II

     SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§171-  Lease preferences; Hawaiian fishponds, or loko i‘a. (a)  Notwithstanding any other law to the contrary, the board shall provide preferences for the reconstruction, restoration, repair, or use of Hawaiian fishponds, generally referred to as loko i‘a, and subject to chapter 183B, when issuing leases for state land suitable for Hawaiian fishponds.

(b)  The board shall adopt rules pursuant to chapter 91 to effectuate this section, including rules to streamline the application approval process for applicants for leases for the purpose of reconstruction, restoration, repair, or use of Hawaiian fishponds or loko i‘a.

(c)  No lease for public land containing an existing Hawaiian fishpond or loko i‘a or the site of an identifiable historic Hawaiian fishpond or loko i‘a shall be granted if the terms of the lease preclude or foreclose the reconstruction, restoration, repair, or use of the fishpond or site as a Hawaiian fishpond or loko i‘a.

(d)  For the purposes of this section, "Hawaiian fishpond or loko i‘a" has the same meaning as "Hawaiian fishpond" as defined in section 183B-1."

PART III

     SECTION 3.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§171-   Traditional names of kanaka maoli fishponds, or loko i‘a. (a)  Notwithstanding any other law to the contrary, the board shall provide preference to the retention of the traditional name of a kanaka maoli fishpond, or loko i‘a, when issuing leases for public land suitable for reconstruction, restoration, repair, or use of kanaka maoli fishponds, or loko i‘a.  The board shall adopt rules pursuant to chapter 91 to effectuate this section.

(b)  For the purposes of this section, "kanaka maoli fishponds, or loko i‘a," has the same meaning as "Hawaiian fishponds" as defined in section 183B-1."

PART IV

     SECTION 4.  All Hawaiian fishponds held as public lands under the jurisdiction of the department of land and natural resources shall be held in trust and transferred to a Native Hawaiian government upon the establishment of such a government.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2012.

Report Title:

DLNR; East Honolulu Fishpond Heritage Area; State Leases; Hawaiian Fishponds; Kanaka Maoli Fishponds

Description:

Directs Department of Land and Natural Resources to establish the east Honolulu fishpond heritage area.  Provides state lease preferences for the reconstruction, restoration, repair, or use of Hawaiian and kanaka maoli fishponds.  Creates a preference for the use of traditional names of Hawaiian fishponds.  Effective July 1, 2012.  (HB2820 HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.