Ka Wai Ola - Office of Hawaiian Affairs, Volume 4, Number 5, 1 May 1987 — OHA, Robinsons Reach Agreement Over Niihau Helicopter Landings [ARTICLE]

OHA, Robinsons Reach Agreement Over Niihau Helicopter Landings

A list of conditions and restrictions drawn up by the Office of Hawaiian Affairs has been agreed upon by the Robinson family following several weeks of intense negotiations. The family, whieh owns the island of Ni'ihau, hasproposed to establish regular helicopter flights between Kauai and Ni'ihau. As a result of the concession agreement, OHA withdrew its notice before the Kauai Planning Commission as intervenor on the application of Niihau Helicopters ine. for landing permits on Ni'ihau. OHA did not object to the emergency or ranching use of the helicopter as proposed by the Robinsons, but only to its use for tourist purposes. OHA's specific

concerns, as noted in a proposed "Findings of Fact and Conclusions of Law" submitted to the commission are: •Exploiting the cultural system of the people living on Ni'ihau by permitting tourists to view and have social and commercial intercourse with them. •The helicopter would present unreasonable noise and pollution into the lives of the Ni'ihau residents. •The proposed new helipad sites might endanger archaeological or historic properties. •Public health and safety by the use of the helicopter. OHA has agreed to the issuance of a one-year interim permit, subject to the following conditions, that: •Niihau Helicopters file with the Planning Commission an archaeological report verifying that limited use of the helipads on Ni'ihau island will not disturb archaeological or re!igious sites in the area. •Landing stops at 15-20 minutes in duration. •No walking or hiking tours be permitted. •No tours land at Pu'uwai Village. •Niihau Helicopters construct sanitation facilities at the landing areas. •The Planning Commission be allowed to revoke the permit pursuant to Section 8.06 Zoning Ordinance. •Niihau Helicopters adhere to all health, safety, flight paths and all other requirements imposed by the Federal Aviation Administration, Department of Transportation, Department of Housing, Kauai Public Works and certify to the Kauai Planning Commission that it has complied with all such standards. •Niihau Helicopters provide free transportation to and from Kauai.and Ni'ihau residents for community or medical purposes. •Niihau Helicopters provide free transportation to and from Kauai to medical personnel as required by the medical provider. During this one-year period, OHA and the Planning Commission will monitor the company's eomplianee with these restrictions in the interim permit and to determine whether the limited use of the island for eommercial tours is compatible with the people of Ni'ihau. In the event of non-eomplianee of the agreement, OHA will intervene to prevent any reissuing of this permit for commercial use of the island.