Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 5, 1 May 1993 — Legislation to protect Kahoʻolawe heads for passage [ARTICLE]

Legislation to protect Kahoʻolawe heads for passage

by Jeff Clark Legislation to establish an island reserve for Kaho'olawe and its surrounding waters, prohibit commercial use, and also establish a commission to oversee the island's use, passed through committees in both houses of the state Legislature and at press time was set to go to eonference committee. In the House, the bills were amended to increase the number of commissioners by two; the two additional commissioners would be nominated by the Protect Kaho'olawe 'Ohana, bringing the PKO's representation to three. The House Committee on Hawaiian Affairs, chaired by Rep. Tom Okamura, also added the term "native Hawaiian" to define the types of cultural, spiritual, and subsistence uses permitted on the island, and added language requiring the state to fully address the issue of federal liability for the eleanup and rehabilitation of the island prior to its eonveyance from the federal govemment to the state. The appropriation (financing)

part of the measure will be added as a proviso to the state budget bill, thereby accelerating the Kaho'olawe bill's passage. This, Okamura said, would send a strong message of the state's intent to the federal government, whieh must ultimately decide terms of the island's conveyance. After hearing testimony from a Maui County representative expressing eoneem that the bill's three-mile shoreline-to-sea reserve boundary would prohibit commercial fishing, whieh eontributes heavily to the county's tax base, Okamura's committee also added a section saying that fishing should be permitted by

the commission. The House Committee on Finance then amended the bill to reduce the reserve boundaries from three miles to two miles from

Kaho'olawe's shoreline. OHA trustee Abraham Aiona testified in support of access to Kaho'olawe, whieh he said has been one of the most important goals of the Hawaiian people throughout the stmggle to end the bombing. "For this reason, OHA feels it is important that a tangible agreement be reached between the state and the Protect Kaho'olawe 'Ohana whieh ensures that the current level of access to Kaho'olawe is not diminished," he said. Aiona added, "Another facet of this bill whieh needs to be emphasized, and possibly strengthened, is the importance of the federal government accepting responsibility and liability for the damage the U.S. Navy did to Kaho'olawe and committing substantial resource and manpower to retum Kaho'olawe in a reasonable state." Pua Aiu read testimony by PKO leader Davianna Pomaika'i McGregor supporting the bill's passage and the four amendcontinued on page 23

"We neeel to bring back this living lanel that has been wounded so mueh." — Gov. John Waihe'e

Kaho'olawe legislation

continued from page 5 ments. McGregor also supported an amendment proposed by the Offtce of State Planning clarifying that commissioners will be appointed by the govemor. According to McGregor, "Passage of this bill is essential for the State of Hawai'i to clarify its commitment to protect the island and its surrounding waters as a cultural reserve, in perp>etuity, so that such conditions would not have to be placed upon the State of Hawai'i by the federal govemment. Should any of these conditions not be included in this legislation, then the Protect Kaho'olawe 'Ohana would have to advocate for Congress to plaee

such conditions upon the state upon transfer." In the Senate, the bill establishing a Kaho'olawe island commission passed to the Committee on Ways and Means with no amendments. Testifying in support of the bill were OHA trustee A. Frenchy DeSoto and Office of State Planning deputy director Norma Wong, who proposed an amendment clarifying that all the commissioners would be appointed by the governor. The bill directs that the eommission would consist of one PKO member, two PKO nominees, one from OHA, one official from Maui county, the chair of the state land board, and one selected from nominations made

by native Hawaiian organizations, and that they would be appointed by the govemor. Wong also said the OSP and the Department of Land and Natural Resources "are preparing emergency rules governing the use and access to waters surrounding Kaho'olawe. These rules will be imposed for heakh and safety reasons until a more permanent solution ean be worked out." There have been reports of increased public use of the waters around the island, said Wong, who emphasized that just because the bombing has stopped does not mean the waters are safe, as there is unexploded ordnanee in the water as well as on the island.