STAND. COM. REP. NO.  594-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 2820

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Hawaiian Affairs, to which was referred H.B. No. 2820, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HAWAIIAN FISHPONDS,"

begs leave to report as follows:

The purpose of this measure is to require the Department of Land and Natural Resources to establish the east Honolulu fishpond heritage area.

The Office of Hawaiian Affairs, Department of Transportation, Kuliouou/Kalani Iki Neighborhood Board #2, Association of Hawaiian Civic Clubs, Livable Hawaii Kai Hui, Kuakini Hawaiian Civic Club of Kona, Sovereign Councils of the Hawaiian Homelands Assembly, Hawaii Farmers Union United, and several concerned individuals supported the measure.  The Maunalua Fishpond Heritage Center and the Aha Moku Advisory Committee supported the measure with amendments.

     Your Committee has amended this measure by:

     (1)  Adding as Part II of this measure the contents of H.B. No. 377 H.D. 2 from the 2011 legislative session, which provides state lease preferences for the reconstruction, restoration, repair, or use of Hawaiian fishponds;

     (2)  Prohibiting leases of public land containing existing or Hawaiian fishponds or a site of a traditional fishpond if the terms of the lease preclude or foreclose the use of the land as a Hawaiian fishpond, or loko i‘a;

     (3)  Adding a provision that requires the Board of Land and Natural Resources to provide preference to the retention of the traditional name of a kanaka maoli fishpond, or loko i‘a;

     (4)  Clarifying that the Hawaiian fishponds and kanaka maoli fishponds are also generally referred to as loko i‘a in the Hawaiian language;

     (5)  Adding a provision that requires all Hawaiian fishponds held as public lands under the jurisdiction of the Department of Land and Natural Resources to be held in trust and transferred to a Native Hawaiian government upon the establishment of such a government;

     (6)  Changing the effective date to July 1, 2012; and

     (7)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2820, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 2820, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Hawaiian Affairs,

____________________________

FAYE HANOHANO, Chair