STAND. COM. REP. NO.  868-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 2820

      H.D. 3

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred H.B. No. 2820, H.D. 2, entitled:

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

begs leave to report as follows:

The purpose of this measure is to help preserve Hawaiian fishponds by, among other things:

     (1)  Requiring the Department of Land and Natural Resources to establish the East Honolulu Fishpond Heritage Area;

     (2)  Requiring the Board of Land and Natural Resources to provide preferences for the reconstruction, restoration, repair, or use of Hawaiian fishponds;

     (3)  Prohibiting the granting of a lease for public land containing an existing Hawaiian fishpond or the site of an identifiable historic Hawaiian fishpond if the terms of the lease preclude or foreclose the reconstruction, restoration, repair, or use of the fishpond or site; and

     (4)  Requiring the Board of Land and Natural Resources to give preference to the retention of the traditional name of a kanaka maoli fishpond when issuing certain leases for public land.

The Department of Transportation, Office of Hawaiian Affairs, Kuli‘ou‘ou/Kalani Iki Neighborhood Board #2, and Sierra Club-Hawaii Chapter supported this measure.  Several concerned individuals opposed this measure.  The Department of Land and Natural Resources and Maunalua Fishpond Heritage Center provided comments.

     Your Committee has amended this measure by:

     (1)  Including in the purposes of the East Honolulu Fishpond Heritage Area the preservation of:

          (A)  Existing Hawaiian fishponds and traditional fishpond structures;

          (B)  Fish and plant habitats; and

          (C)  The customary and traditional uses of fishponds in the fishpond heritage area;

     (2)  Adding a severability clause; and

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

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2820, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2820, H.D. 3.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

MARCUS R. OSHIRO, Chair