SB2305 HD1.DOC

PART I

SECTION 1. Section 171-58.5, Hawaii Revised Statutes, is amended to read as follows:

"§171-58.5 Prohibitions. The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline is prohibited with the following exceptions:

(1) The inadvertent taking from seaward of the shoreline of [~~such~~] these materials, [~~not in excess of one gallon per person per day for reasonable, personal, noncommercial use;~~] such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags, not to exceed one gallon per person per day;

(2) For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;

(3) The clearing of [~~such~~] these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity; [or]

(4) The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless [~~such~~] the placement would result in significant turbidity[.];

(5) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii state constitution; or

(6) For the response to a public emergency or a state or local disaster."

SECTION 2. Section 205A-44, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area is prohibited with the following exceptions:

(1) The inadvertent taking from the shoreline area of the materials, [~~not in excess of one gallon per person per day, for reasonable, personal, noncommercial use,~~ ~~provided that stricter provisions may be established by the counties;~~] such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags, not to exceed one gallon per person per day;

(2) Where the mining or taking is authorized by a variance pursuant to this part;

(3) The clearing of [~~the~~] these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless [~~such~~] the placement would result in significant turbidity; [or]

(4) The cleaning of the shoreline area for state or county maintenance purposes, including the clearing for purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity[.];

(5) The taking of driftwood, shells, beach glass, glass floats, or seaweed;

(6) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii state constitution; or

(7) For the response to a public emergency or a state or local disaster."

SECTION 3. Chapter 171, Hawaii Revised Statutes, is amended by adding two new sections 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" have the same meaning as "Hawaiian fishponds" as defined in section 183B-1.

§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 II

SECTION 4. 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 Hawaiian fishponds and related cultural and historical sites, including traditional fishpond structures, including traditional rock walls, fishpond gates, and auwai, while making it permissible and desirable to repair, strengthen, and maintain these structures;

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

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

(4) Preserve customary and traditional uses of fishponds in the fishpond heritage area.

(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.

(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."

SECTION 5. 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.

PART III

SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	2305
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII		H.D. 1