HB1267 HD1

HOUSE OF REPRESENTATIVES	H.B. NO.	1267
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES.

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

SECTION 1. The legislature finds that Ka‘ena point state park, Mākua, and Keawa‘ula regions are significant for their beauty, cultural and historical significance, and exceptional value to the Hawaiian community. Historcally, these areas were primarily known for their lawai‘a (fishing practices), as well as other traditional Native Hawaiian practices such as lua (warrior training) and la‘au lapa‘au (medicinal practices). These areas are places of cultural enlightenment and healing and are rich in mo‘olelo (history) encompassing life from beginning to end.

In 2016, due to years of overuse and abuse from illegal driving on the beach, unmanaged camping, harmful fishing and gathering practices, and other recreational uses that created unacceptable, potentially hazardous accumulations of dangerous rubbish and human waste, areas of Ka‘ena point state park, Mākua, and Keawa‘ula regions were closed to overnight access. The intent was to reopen them with a proper management system in place that encompasses Hawaiian managagement values in balancing public use with the preservation of the ‘āina, wildlife, and cultural resources. However, a proper management system has yet to be implemented.

The legislature notes that prioritizing the State's natural resources is an essential component of destination management. Before 2020, annual arrivals to the State exceeded ten million visitors, and according to state economists, by 2025, Hawaii will again return to pre-pandemic tourism levels. Social media has only perpetuated this growth. The legislature believes that rising visitor numbers in Hawaii's state parks could be better managed by implementing various types of management systems.

The legislature further finds that in 2018, massive flooding on Kauai damaged surrounding bridges, beaches, and roads, thereby forcing Hāena state park to close for fourteen months. When the park reopened, the department of land and natural resources worked with the local community to implement a management system that balanced public use with Hawaiian cultural values and the preservation of the ‘āina, wildlife, and cultural resources. Furthermore, based on the success of the Hāena state park model, House Bill No. 2446, Regular Session of 2022, was introduced to appropriate moneys for the department of land and natural resources to replicate models such as the model used at Hāena state park. That measure also appropriated additional moneys from the state parks special fund for purposes of state park management.

Recently implemented management plans and models have been shown to improve and promote a more harmonious relationship between public use and park maintenance and preservation. Ka‘ena point state park, Mākua, and Keawa‘ula regions are in dire need of such a model. Although some needs of each state park may be similar, each park is unique and other needs may vary based on location and useage.

The abuse and harmful activities have plagued the ahupua‘a of Mākua, Kahanahāiki, and Keawa‘ula for more than a century. The legislature finds that a proper management system for these areas is long overdue and the implementation of a system to improve public safety and environmental protection is necessary.

The purpose of this Act is to require the department of land and natural resources to develop and implement an improved management system for Ka‘ena point state park, Mākua, and Keawa‘ula regions.

SECTION 2. (a) The department of land and natural resources shall develop and implement a management system to allow for improved management, such as the system that has been used and deemed successful at Hāena state park; provided that the management system pursuant to this Act shall be unique and tailored to the specific criteria and needs of Ka‘ena point state park, Mākua, and Keawa‘ula regions.

(b) In the development and implementation of a management system for Ka‘ena point state park, Mākua, and Keawa‘ula regions, the department of land and natural resources shall:

(1) Collaborate collectively with community stakeholders and cultural practioners of the specific regions;

(2) Work with all parties that share use of and jurisdiction over the encompassed land and marine areas;

(3) Ensure the sustainability of the management system by working with outside partners, such as local nonprofit organizations, as has been done in other state parks management systems; and

(4) Maintain the current limited access until proper measures are employed to address and resolve these issues.

SECTION 3. This Act shall take effect on June 30, 3000.