DID YOU KNOW THAT under Hawaii Rev. Stat. §46-161 to §46-165 - COUNTY ORGANIZATION  AND ADMINISTRATION

 Counties can transfer the right to develop one piece of land to another piece of land  in order to:

1. Protect the natural, scenic, and agricultural qualities of open lands.
2. Enhance sites and areas of special character or special historical, cultural, aesthetic; or economic interest or value.
3. Enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource.

For the Full Text of the Statute see:   Hawaii Rev. Stat. §46-161 to §46-165

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IS THERE A MAGNIFICENT OLD TREE FULL OF MEMORIES IN YOUR NEIGHBORHOOD
THAT PEOPLE WANT TO CUT DOWN AND YOU CANT STAND IT?!
GUESS WHAT, THEY CANT!!

Under Hawaii. Rev. Stat. §58-1 to §58-5, - Exceptional Trees -
 

THIS LAW MEANS THAT  ....your county has to enact laws that designate exceptional trees. Once a tree is designated as exceptional, your county arborist advisory committee can review any action that would endanger an exceptional tree.(paraphrase)
WHAT IS AN EXCEPTIONAL TREE?
An exceptional tree is a tree or stand or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, esthetic quality, or endemic status has been designated by the county arborist commitee as worthy of preservation.(exact statutory language) Trees planted by the forestry industry are not exceptional trees. (paraphrase)

Please contact THE OUTDOOR CIRCLE at (808) 593-0300 if you have a concern regarding a tree.

For the Full Text of the Statute see:   Hawaii. Rev. Stat. §58-1 to §58-5

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ADMINISTRATIVE PROCEDURE ACT, HAWAII REVISED STATUTES ANNOTATED, §91-1 to §91-18, (MICHIE 2001).
 

DID YOU KNOW THAT …when you or your agency has a dispute with or a complaint against any state agency, you have the right to be heard by that agency.(paraphrase)  You may also have the right to a contested case hearing.

THE ADIMINSTRATIVE PROCEDURE ACT is a remedial statute designed to give citizens a fair opportunity to be heard before the official of the agency who is charged with passing [judgment] on that case. (exact statutory language)

SOME OF THE HIGHLIGHTS OF THE STATUTE ARE: (all parahrase)

1. You have the right to view all agency rules and all agency proposed rules.
2. You have the right to receive paper copies of all agency rules and agency proposed rules. The state agency in question may not charge you more than $0.10 per page for copies.
3. All rules and proposed agency rules must be posted on the lieutenant governor’s website. When an agency wants to change its rules, it must give 30 days notice to the public and hold a public hearing.
4. When a state agency performs an adjudicative function, rather than merely administrative, an aggrieved party has a right to a contested case hearing.
5. In any contested case, you have the right to present evidence, both oral and written. This evidence must be fully considered by the agency.
6. Any interested person may petition an agency requesting the adoption, amendment, or repeal of any rule stating reasons therefore. Within 30 days, the agency will either deny the petition or will declare the rule invalid as requested or adopt the rule requested by the petitioner.

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PUBLIC AGENCY MEETINGS AND RECORDS, HAWAII REVISED STATUTES, §92-1 to §92-71, (MICHIE 2001).

THE SUNSHINE LAW!

In a democracy, the people are vested with the ultimate decision making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to the public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest. Therefore the legislature declares that it is the policy of this state that the formation and conduct of public policy-the discussions, deliberations, decisions, and action of governmental agencies –shall be conducted as openly as possible.

-HAWAII STATE LEGISLATURE

1. Issue: whether the Honolulu City Council’s practice of allowing oral testimony at public meetings if persons wishing to testify sign up by a certain time is allowed under chapter 92: ( OIP Opinion #  02-02PDF )

o No. The Sunshine Law requires that boards shall afford all interested persons an opportunity to present oral testimony on any agenda item; and that boards may provide for reasonable administration of oral testimony by rule (chp 92-3 1993) (OIP language)
o OIP does not believe it is “reasonable” under section 92-3 to require persons wishing to testify to sight up by a certain time. Such a requirement would preclude all latecomers from testifying orally. (OIP language)
o Oral testimony must be allowed even if person wishing to testify did not sign up (OIP language)

2. Issue: Is the council’s practice of placing time limits on oral testimony allowed under the Sunshine Law?

o YES. The sunshine Law allows boards subject to it to provide for reasonable administration of oral testimony by rule (§92-3). So long as the Council’s time restrictions on testimony meet the requirements of the Sunshine Law and the Freedom of Speech and Equal Protection Clauses of the US Constitution, the Council may put reasonable time limits on oral testimony pursuant to rules adopted under §92-3. (OIP language)

· The term “board” means any agency, board, commission, authority, or committee of the State or its political subdivisions, which is created by constitution, statute, rule, or executive order. (OIP language)

· OIP was unable to find any Hawai‘i Supreme Court cases dealing with the issue of whether boards may require persons wishing to testify to register in advance.

Honolulu City Council Rule 20 requiring registration prior to a meeting by persons wishing to testify does further the orderly transaction of business, it also can preclude persons from testifying orally if they fail to register by the prescribed time. In light of the Sunshine Law’s policy that the “provisions requiring open meetings shall be liberally construed,” and the clear requirement that boards “afford all interested persons an opportunity to present oral testimony on any agenda item,” the OIP is of the opinion that to disallow testimony from anyone who has not signed up by a specific time would be contrary to a basic policy of the Sunshine Law. (§92-1(2), 92-3) The fact that written testimony is always allowed, and that council members make themselves available to the public outside of meetings does not lessen the statutory requirement that all interested persons be allowed to testify orally on any agenda item. (OIP language)

*    Chp 92 sets forth how minutes for both public and executive portions of board meetings must be prepared & maintained. Stating that neither a full transcript nor a recording of the meeting is required but written minutes shall give a true reflection of matters discussed & views of the participants.

*    Executive Meeting Minutes - the Sunshine Law requires that boards keep written minutes of all meetings and include substance of all matters proposed, discussed, or decided & a record by individual member of any votes taken & any other information that any member of the board requests be included or reflected in the minutes.

*    Minutes are public records and shall be available within 30 days after the meeting. Loopholes - except where such disclosure would be inconsistent with sec 92-5, provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer.

*    If board wishes to hold an executive meeting it must first vote to do so. A meeting closed to the public shall be limited to matters exempted by section 92-5. The reason for hold such a meeting shall be publicly announced & the vote of each member shall be recorded & entered into the minutes of the meeting.

· Sec. 92-4 Executive meetings. A board may hold an executive meeting closed to the public upon an affirmative vote, taken at an open meeting, of two-thirds of the members present; provided the affirmative vote constitutes a majority of the members to which the board is entitled. (exact language) A meeting closed to the public shall be limited to matters exempted by section 92-5.·

EVERY MEETING OF ALL BOARDS SHALL BE OPEN TO THE PUBLIC and all persons shall be permitted to attend any meeting unless otherwise provided in the constitution or as closed pursuant to sections 92-4 and 92-5. The boards shall afford all interested persons an opportunity to submit data, views, or arguments, in writing, on any agenda item. The boards shall also afford interested persons an opportunity to present oral testimony on any agenda item. (paraphrase) Meetings that decide issues of a personal nature, such as hirings, firings or disciplinary proceedings of individuals, or other sensitive matters may be closed to the public.(paraphrase)

NOTICE MUST BE GIVEN to the public of any regular, special or rescheduled meeting. The notice must be filed with the lieutenant governor’s office and posted at the meeting at least six days before the meeting’s scheduled date. (paraphrase)

For the Full Text of the Statute see:  §92-1 to §92-71

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GOVERNMENT PUBLICATIONS, HAWAII REVISED STATUTES ANNOTATED, §93-1 to §93-15, (MICHIE’S 2001).

CHECK THIS OUT…

 HAWAII’S  Government Publications Statute requires that government publications be available through the public library system. (paraphrase)

There shall be at least one government publications depository in each county.
WHEN A PUBLICATION IS RELEASED…
 The state or county agency shall immediately deposit fifteen copies with the state publications distribution center and one copy wit the University of Hawaii. Legislative Journals of the senate and house shall be made available for sale at a price to be set by the lieutenant governor.

For the Full Text of the Statute see:   §93-1 to §93-15

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DO YOU....
LOVE THE BEACH?
SWIMMING AND SURFING?
ENJOYING PRISTINE OCEAN VIEWS?

DID YOU KNOW THAT YOU HAVE A LEGAL RIGHT TO ACCESS THE OCEAN  EVEN WHEN PRIVATE PROPERTY IS BLOCKING IT?!!
 

Under Hawaii Rev. Stat. §115   - Public Access to Coastal and Inland Recreational Areas -
 

YOU HAVE THE RIGHT  to walk or otherwise travel along the ocean in the

area that is defined as being along the upper reaches of the wash of waves, usually evidenced by the edge of vegetation or by the debris left by the wash of waves. If the area is not safe because it is a cliff or other unstable area, then the county must establish, by condemnation,  along the makai boundaries of the property lines, public transit corridors. These corridors must be at least six feet wide. (paraphrased)
 

For the Full Text of the Statute see:  Hawaii Rev. Stat. §115

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ARE YOU THIRSTY? HOW ABOUT AN ICE COLD GLASS OF CLEAN WATER!

DID YOU KNOW THAT... Under Hawaii Rev. Stat. §174c - State Water Code -

...the Waters of the State are held for the benefit of the citizens of the state. Water can be used for agricultural and commercial uses but must also be preserved for the customary uses of Native Hawaiians. The waters must also be used in a way that preserves ecological balance, scenic beauty, drinking water, and public recreational use.
The Commission on Water Resource Management designates which areas will be water management areas. These areas will be controlled by the commission in a way that serves the public interest.
When a recommendation is made to designate an area as a water management area, there will be a public hearing. This hearing must provide the following information:

1. A description of the land area proposed to be designated in terms of appropriate legal subdivisions and tax map keys;
2. The purpose of the public hearing;
3. The time, date and location of the public hearing where oral and/or written testimony may be submitted and heard

DO YOU SEE A WATER USE THAT SEEMS HARMFUL OR WASTEFUL?
See Hawaii Rev. Stat. §174c-13 Citizen Complaints.
 You have the right to make a complaint to the Commission on Water Resource Management. If you file a complaint with the commission that any other person is wasting or polluting water or is making a diversion, withdrawal, impoundment, consumptive use of waters or any other activity the commission must make an investigation, take appropriate action, and notify you of the result.

For the Full Text of the Statute see:  Hawaii Rev. Stat. §174c

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FLOOD CONTROL AND FLOOD WATER CONSERVATION, HAWAII REVISED STAUTES ANNOTATED, §179 (Michie 2001).
 

Floods caused by heavy rainstorms and unusually high surf are detrimental to the health, safety, and general welfare of the people of the State, resulting in jeopardy to and loss of life and property. There is disruption of commerce, transportation and communications. That is why reduction of flood damage and the conservation and beneficial use of flood water is so important. (paraphrase)

To help with this goal, the State has enacted this legislation.

The stated purpose of Hawaii Rev. Stat. §179, Flood Control and Flood Water Conservation  Is to provide for the coordination by the State of all Federal and state flood control projects undertaken in Hawai’i and for such technical or financial assistance to its political subdivisions as my be desirable or necessary to assure maximum benefits to the people of the State from the expenditure of state funds for flood control purposes. (exact statutory language)
 

1.  The Board of land and natural resources is responsible for flood water conservation and control. The board has a duty to coordinate with other state agencies, in conformance with the objectives of the statewide flood control program. (paraphrase)

2. The Board of land and natural resources must, compile, evaluate, interpret, and disseminate information for technical use and for the general information and education of the people of the State. (paraphrase)

3.  The  Board of land and natural resources must work with the Federal government on its flood control initiatives. It must do studies to determine the feasibility of any proposed Federal flood control plan. These are plans put forth by the State that are seeking Federal funding. If a plan like this has merit but is not feasible by Federal standards, the Board must study formulate standards for feasibility on State standards. The Board must then make recommendations to the legislature.

For the Full Text of the Statute see:  HAWAII REVISED STAUTES ANNOTATED, §179

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SOIL AND WATER CONSERVATION DISTRICTS, HAWAII REVISED STAUTES ANNOTATED, §180(Michie 2001).
 

DID YOU KNOW THAT...

A. Hawaii’s soil and water conservation programs are administered through districts. The district is a governmental subdivision of the State. Like a city or county.

B. The districts are run by directors. These district directors work together with the department of land and natural resources. The department of land and natural resources is responsible to disseminate information throughout the state encouraging the formation of soil and water conservation districts.

 1. What follows is a sampling of the powers of Districts and  Directors:

  (a). Provide for and encourage water surveys,     investigations, and research relating to soil and    water conservation and publish and disseminate
  the information gathered.

  (b). Provide for and encourage demonstrations relative
  to control and prevention of erosion and conservation
  of soil and water resources and carry out preventive and   control measures, on publicly owned lands in the district
  and on privately held lands in the district with owner
  consent.

  (c). Give monies, equipment, seeds and other materials to
  occupiers of lands within the district to aid in the    conservation of soil and water.

  (d). Develop plans for conservation of soil and water   resources and control and prevention of erosion
  within the district.

C. The department of land and natural resources, if it determines there is a need and public sentiment for the creation of a soil and water conservation district, will give notice and hold a referendum on the question of the creation of the district. The department of land and natural resources will also hold an election  to elect three directors for the district.

D.  Occupiers of land lying within the proposed district shall be entitled to vote on the proposition of the creation of the district. They can also vote in the election of the district directors.

E.      If a majority of voters vote in favor of the creation of a soil and water conservation district, within a reasonable time later, the board of land and natural resources shall determine whether or not the operation of the proposed district would administratively feasible. To make this determination, the board of land and natural resources must take into account:

  1. Topography
  2.  Composition of soils
  3. Distribution of erosion
  4. Prevailing land use practices
  5. Other geographical, physical, economic & social factors

F.  The ultimate power to create the soil and water conservation district lies with the sitting lieutenant governor who upon request of the department of land and natural resources will issue the certificate which creates the district.
 

For the Full Text of the Statute see:    HAWAII REVISED STAUTES ANNOTATED, §180

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SOIL EROSION AND SEDIMENT CONTROL, HAWAII REVISED STAUTES ANNOTATED, §180 C (Michie 2001).
 

DID YOU KNOW THAT WHEN A DEVELOPMENT PROJECT DISTURBS LAND, THERE MUST BE A PLAN IN PLACE TO CONTROL POSSIBLE SOIL EROSION?
 
 

UNDER,SOIL EROSION AND SEDIMENT CONTROL, HAWAII REVISED STAUTES ANNOTATED, §180 C (Michie 2001),

(a) The county governments, in cooperation with the soil and water conservation districts and other appropriate state and federal agencies, shall enact ordinances for the purpose of controlling soil erosion and sediment.

(b) The ordinance for erosion and sediment control shall include but not be limited to the following:
 (1) Be based on relevant physical and developmental information concerning watersheds and drainage basins of the county and/or State. Including but not limited to data relating to:
  (A) Land use
  (B) Soil
  (C) Hydrology
  (D) Geology
  (E) Size of land area being disturbed by development
  (F) Approximate water bodies and their characteristics
  (G) Transportation
  (H) Public facilities and services

 (2) Include such survey of land and waters as may be deemed appropriate by the county or required by any applicable law to identify areas including multi-jurisdictional and watershed areas with critical erosion and sediment problems.

 (3) Contain standards for various types of soil and land uses, which standards shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land disturbing activities.

 (4) Include a provision whereby standards shall be deemed met if it can be shown that the land is being managed in accordance with soil and conservation district directors, and that a comprehensive conservation program is being actively pursued.

(All of the text featured is the exact statutory language)
 

For the Full Text of the Statute see:   HAWAII REVISED STAUTES ANNOTATED, §180 C

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STRIP MINING, HAWAII REVISED STAUTES ANNOTATED, §181(Michie 2001).
 

“STRIP MINING” means mining of mineral by uncovering removing the soil from the surface above mineral deposits and mining directly from the mineral exposed for the purpose of carrying on a business of mining or selling mineral removed by the process.

A.  In the State of Hawai’i, it is illegal to strip mine without first getting a permit from the board of land and natural resources. VIOLATIONS CAN RESULT IN A FINE O F UP TO $5,000.00 for each violation.

B. It is illegal for any operator of a strip mine to cause or permit any poisonous or noxious matter to be discharged into any stream or shore water in such manner as to constitute a public nuisance. VIOLATIONS CAN RESULT IN A FINE O F UP TO $5,000.00 for each violation.

C. Before the strip mining has begun, the operator must submit a plan to board of land natural resources detailing the extent of the proposed strip mining operation.

D. As soon as practicable following the completion or abandonment of strip mining of any pit or of such portion thereof as may be specified in the plan, the operator shall submit to the board a proposal for the reclamation of the site. It will require the strip mining operator to:

 1. Strike off peaks and ridge and fill in deep depressions created or left by the mining operations and grade the surface of the pit to contour which will minimize erosion and be suitable for planting.

 2. Dispose of all debris, rubble and tailings in a way that enhance the contour of the pit and provides erosion and drainage control.

 3. Provide such drains, ditches and outlets as may be necessary to prevent the accumulation of water in the pit ant to remove water from the pit in such a way as to minimize erosion of the pit and the surrounding land.

 4. Utilize the overburden removed from the surface of the pit in such manner as best to recondition or reclaim the mined area, or the area where the tailings have been disposed of.

 5. Provide a reasonable means of access to the pit.

 6. Revegetate or rehabilitate the pit. This includes:

  a. Replacing topsoil, if needed.

  b. Liming, if mining caused changes in soil PH or if needed to   make soil fertility as it was before the strip mining.

  c. Applying fertilizer to regain soil’s fertility.

  d. Must plant a cover crop of good pasture grass to stabilize
  the exposed surface and to minimize erosion. In pits intended for   reforestation to forest, the operation must plant a quick cover crop followed by forest plantings.

  e. All of the measures go towards the goal of making sure the soil
  regains its original fertility.

For the Full Text of the Statute see:  HAWAII REVISED STAUTES ANNOTATED, §181

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RESERVATION AND DISPOSITION OF GOVERNMENT MINERAL RIGHTS, HAWAII REVISED STAUTES ANNOTATED, §182 (Michie 2001).
 

DID YOU KNOW THAT ALL OF THE MINERALS UNDER OR INSIDE STATE LANDS ARE OWNED BY THE STATE? Some of the important facts about this law follow. Check it out!
 

MINING LEASES

A. All minerals in, on or under State lands or lands which hereafter become state lands are reserved to the State. This means that even if you buy or lease land from the State, you did not have any rights to the minerals in, on, or under that land.

B. Land which was previously owned by the State but is now owned by a private party can have its mineral rights, which are reserved to the State, leased out by the State for mining. If that mining damages the land, the occupier/owner of the land will be reimbursed by the State for those damages. The occupier/owner can also charge rents to the mining operation.

C. A person who wishes to mine on state lands must notify the board of land and natural resources. The person must pay $100.00 and include a description of the land. As soon as practicable thereafter, the board will put a notice to be published in a newspaper of general circulation at least once each week in each of three successive weeks, setting forth the description of the land, and the minerals to be leased. The board may hold a public auction of the lease within six months from the date of first publication of the notice.

D. Whether or not the state land sought to be auctioned is then being utilized or put to some productive use, the board, after due notice of public hearing to all parties in interest, within six weeks from the date of the first publication of the notice shall determine whether the proposed mining operation or the existing or reasonably foreseeable future use of the land would be of greater benefit to the State. If the board determines that the mining would NOT be a more beneficial use of the land than it must disapprove the application for the mining lease without putting the land to auction.

(All of the text featured is paraphrased)

 For the Full Text of the Statute see:   HAWAII REVISED STAUTES ANNOTATED, §182

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WILDLIFE, HAWAII REVISED SATUTES ANNOTATED, § 183D  (Michie 2001).
 

DID YOU KNOW THAT under Hawaii Rev. Stat. 183D- Wildlife:  the State Department of Land and Natural Resources must protect wildlife and regulate hunting and killing or propagating of wildlife?

This law requires that the Department of Natural Resources do the following: (Some of the highlights follow)

1.  Manage and administer the wildlife and wildlife resources
2.  Enforce all laws relating to the protecting, taking, hunting, killing, propagating, or increasing the wildlife within the State and the waters in its jurisdiction.
3.  Establish and maintain wildlife propagating facilities.
4.  If necessary, import wildlife to support the existing wildlife population.
5.  Distribute, free of charge, as the Departments deems to be in the public interest, game for the purpose of increasing the food supply of the State.
6.  Gather and distribute, free of charge, information as to the best way to protect, propagate and distribute wildlife in the State and waters subject to its jurisdiction.

WILDLIFE FUND       §183D-10.5 Wildlife revolving fund

The money collected by the Department through selling hunting licenses will be put into a fund called the WILDLIFE REVOLVING FUND.
 The money in the fund will be used for the implementation of the rules that are designed to protect wildlife and enforce the laws.

OTHER IMPORTANT PROVISIONS:

1. It is illegal to kill or capture any wild birds.

2. It is illegal to Hunt without a license.

3. It is illegal to harass hunters.

4. Violations of any of the provisions of the statute can result in large fines of many thousands of dollars.

(All of the featured text is paraphrased)

For the Full Text of the Statute see:   HAWAII REVISED SATUTES ANNOTATED, § 183D

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STATE PARKS, HAWAII REVISED STAUTES ANNOTATED, §184 (Michie 2001).
 

DID YOU KNOW THAT HAWAI’I HAS  A STATE PARKS LAW?

Under Hawaii Rev. Stat. §184, STATE PARKS-

 A. The State Department of Land and Natural Resources may designate government owned lands as State Parks.

 B. The Department of Land and Natural Resources may designate public facilities on the grounds of the State parks.

 C. There is a fund called the Park Acquisition Trust Fund. It has monies in it to establish new parks. The money is used to condemn lands that will be turned into public parks. The money can also be used to expand existing parks.

There is a provision of the law called the AINA HOOMALU STATE PARKS PROGRAM.
 This provision requires the Department of Land and Natural Resources to establish and manage a state parks program known as the “aina hoomalu state parks program”. The aina hoomalu state parks program shall consist of those parks which contain unique and significant natural or cultural history or features. The department shall designate those state parks throughout the State which are to be included in the aina hoomalu state parks program and shall develop interpretive programs for those parks.
(All of the featured text is paraphrased)

For the Full Text of the Statute see:    HAWAII REVISED STAUTES ANNOTATED, §184

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TREE FARMS, HAWAII REVISED STAUTES ANNOTATED, §186 (Michie 2001).

DO YOU BREATHE OXYGEN?
THEN THIS LAW SHOULD INTEREST YOU!

DID YOU KNOW THAT HAWAI’I HAS A  LAW THAT REGULATES TREE FARMS?

Under Hawaii Rev. Stat. §186, Tree Farms-

WHERE CAN A TREE FARM BE ESTABLISHED?

 Any property that is at least ten acres in size, that is in an agricultural district, and that  is in a conservation district which is zoned for commercial use, can become a tree farm.
 The property owner must apply to the Board of the Department of Land and Natural Resources.
 Before any tree farm is approved there will be a public hearing. The Board must make the plan available to public not less than thirty days before the tree farm is approved.
 Any new tree farm must enter into an agreement with the State to operate the tree farm for at least twenty years. The operator must have ownership of the land or a lease of at least twenty years from the date of the commencement of the tree farm operation.
The owner of the farm shall have the exclusive right to harvest the trees according to a management plan approved by the department.
(All of the text featured here is paraphrased)
 
 

For the Full Text of the Statute see:    Hawaii Rev. Stat. §186

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AQUATIC RESOURCES, HAWAII REVISED STAUTES ANNOTATED, §187A (Michie 2001).

Under Hawaii Rev. Stat. §187A, Aquatic Resources-

The Department of Land and Natural Resources shall:

 1. Manage and administer the aquatic life and aquatic life and aquatic resources of the State.

 2. Establish and maintain aquatic life propagating stations.

 3. Establish, manage, and regulate public fishing areas, artificial reefs, fish aggregating devices, marine life conservation districts, shoreline fishery management areas, refuges, and other areas.

 4. Import aquatic life when necessary, for the purpose of propagating existing aquatic species.

 5. Distribute free of charge, as the department deems necessary, seafood fro the purpose of increasing the food supply of the State.

 6. Gather and compile information and statistics concerning the habitat and character of, and increase and decrease in, aquatic resources in the State.

 7. Enforce all laws relating to the protecting, taking, killing, propagating, or increasing of aquatic life within the State and waters subject to its jurisdiction.

Konohiki Rights (A brief description)

1. The fishing grounds from the reefs, and where there happens to be no reefs, from the distance of one geographical mile seaward of the beach at low watermark, in law, shall be considered the private fishery of the Konohiki, whose lands by ancient regulations belong to the same. These vested fishing rights  for the private fishery must be established by proceedings in conformity with section 96 of the Organic Act, and for which judgment has been entered in any circuit court. The established private fishery shall not be disturbed, except to the extent of the reservations and prohibitions set forth in this law.
 The Konohiki shall be considered to hold the private fishery for the equal use by the Konohiki and the tenants on their respective lands, and the tenants shall be allowed to take for home consumption or commercial purposes, any aquatic life of the fisheries.

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FISHING RIGHTS AND REGULATIONS, HAWAII REVISED STAUTES ANNOTATED, §188 (Michie 2001).

Mahi Mahi, Tuna, Tilapia….Fish are a delicious and precious resource.  Read more to find out how Hawaii protects these delicate delicacies!

Under Hawaii Rev. Stat. §188, Fishing Rights and Regulations-

Some highlights of this important law follow:
 

Designation of community based subsistence fishing area.
One of the most important aspects of this statute is the protection it affords to Native Hawaiian traditional fishing rights.
 The department of land and natural resources may designate community based subsistence fishing areas and carry out fishery management strategies for these areas. The purpose of these areas is to provide Native Hawaiians with protected access to fishing in accordance with their traditional rights which are protected under the Constitution of the State of Hawaii.
 

Possession or use of explosives, electro fishing devices, and poisonous substances in State waters prohibited.

 Using poisons, devices that put live electricity in to the water, blasting fuse caps cannot be used to catch fish unless a permit is obtained from the department of land and natural resources.

Fishing with firearms, spears.

 No person shall use firearms to pursue, take, or kill any turtle, crustacean, mollusk, aquatic mammal, or fish, except tuna and bill fish that have been caught and gaffed and sharks .
 No person shall use a spear to pursue, take, or kill any crustacean, turtle, or aquatic mammal.

Bullpen traps prohibited
 It is unlawful for any person to use a "bullpen trap" which exceeds two thousand feet in total length.

Nets and traps

 It is unlawful for any person to use nets made of  or using netting, or bullpen traps, with a stretched mesh of less than two inches. Certain species of fish may be caught with smaller nets if the fisher has a special license. See the statute for the rules and requirements.

Fishing with gill nets prohibited.
 It is unlawful for any person engaged in gill net fishing to:
 (1) Leave the person's net unattended without visually inspecting the net every two hours and releasing or removing any undersized, illegal or unwanted sea creatures.
 (2) Leave the net in the water for more than four hours in any twenty-four hour period.

A "gill net"  is a curtain like net suspended in the water with mesh openings large enough to permit only the heads of the fish to pass through, ensnaring them around the gills when they attempt to escape.

Fishing with a gill drift net is prohibited. There are no exceptions!

Penalties

Violations of any of the provisions of this law can result in stiff penalties!

(All of the text featured here is paraphrased)
 

For the Full Text of the Statute see:   HAWAII REVISED STAUTES ANNOTATED, §188

Special thanks to Hawaii’s Thousand Friends, OHELO and Patagonia Corp.

COMMERCIAL FISHING, HAWAII REVISED STAUTES ANNOTATED, §189 (Michie 2001).

Hawaii's vast marine resources need to preserved and protected. What follows are some of the highlights of Hawaii's commercial fishing regulation.

Under Hawaii Rev. Stat. §189, COMMERCIAL FISHING-

License requirement
No commercial fishing operation can operate without a commercial marine license.

Commercial fisheries special fund
There is a special fund called the "Commercial fisheries special fund" which is established by the State treasury. The monies are used to enforce commercial fishing regulations.

Longline fishing prohibited
Longline fishing is prohibited. Longline fishing means fishing conducted with gear consisting of at least one mainline over one nautical mile in length, to which is attached a number of branch lines with baited hooks and which is suspended below the surface of the ocean by floatlines attached to surface floats.

Monthly catch report
Every commercial fishing licensee must give a monthly catch report to the department of natural resources.

Penalties
Violations of any of the provisions of this statute will result in stiff penalties!

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For the Full Text of the Statute see:   HAWAII REVISED STAUTES ANNOTATED, §189

Special thanks to Hawaii’s Thousand Friends, OHELO and Patagonia Corp.

MARINE LIFE CONSERVATION PROGRAM, HAWAII REVISED STAUTES ANNOTATED, §190 (Michie 2001).

The many diverse sea creatures within the territorial water of the State of Hawaii are protected by this important law. Some highlights of the statute follow:

Under Hawaii Rev. Stat. §190, Marine Life Conservation Program-

 All marine waters of the State are a marine life conservation area to be administered by the department of land and natural resources.

 The department of land and natural resources shall adopt rules governing the taking of conservation fish, crustacean, mollusk, live coral, algae, or other marine life as it determines will further the state policy of conserving, supplementing  and increasing the State's marine resources. The rules may prohibit activities that may disturb, degrade, or alter the marine environment, establish open and closed seasons, designate areas in which all or any one or more of certain species of fish or marine life may not be taken, prescribe limits on the methods of fishing and the types of nets and traps that may be used.

The department may require that permits be issued for certain activities that impact aquatic life.

 This statute creates the authority for the fishing and commercial fishing regulations.

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For the Full Text of the Statute see:   HAWAII REVISED STAUTES ANNOTATED, §190

Special thanks to Hawaii’s Thousand Friends, OHELO and Patagonia Corp.

NATURAL AREA RESERVES SYSTEM, HAWAII REVISED STAUTES ANNOTATED, §195 (Michie 2001).

Because of the uniqueness and diversity of Hawaii's ecosystem, the legislature found it necessary to enact a law to prevent the loss of this biodiversity.  For highlights of this important law READ ON!
 

Under Hawaii Rev. Stat. §195, Natural Reserves System-

The legislature finds and declares that:

(1) The State of Hawaii possesses unique natural resources, such as geological and volcanological features and distinctive marine and terrestrial plants and animals, many of which occur nowhere else in the world, that are highly vulnerable to loss by growth of population and technology;

(2) These unique natural assets should be protected and preserved, both for the enjoyment of future generations, and to provide baselines against which changes which are being made in the environments of Hawaii can be measured;

(3) In order to accomplish these purposes the present system of preserves, sanctuaries and refuges must be strengthened, and additional areas of land and shoreline suitable for preservation should be set aside and administered solely and specifically for the aforesaid purposes; and

(4) That a statewide natural area reserves system should be established to preserve in perpetuity specific land and water areas which support communities, as relatively unmodified as possible, of the natural flora and fauna as well as geological sites.

Natural area reserves commission
There shall be a natural area reserves commission. The commission shall consist of thirteen members. Six of the members shall be persons possessing scientific qualifications as evidenced by an academic degree in wildlife or marine biology, botany, forestry, ecology, resource management, biogeography, zoology, or geology. One member shall be a person possessing membership on a hiking organization organized in the State. One member shall be a person possessing membership in a hunting organization organized in the State. The chairperson of the board of land and natural resources, the superintendent of education, the director of the office of state planning, the chairperson of the board of agriculture and the president of the University of Hawaii, shall serve as ex officio voting members. The governor shall appoint the chairperson from one of the appointed members of the commission. The positions are not paid. However members will be reimbursed for expenses.

Natural Area Partnership Program
 This program is to be funded both publicly and privately. It will use its monies to compensate landowners who agree to place perpetual conservation easements on their land. A conservation easement is a restriction which is recorded on the title to the land which restricts development and conserves the wild nature of the land.

Natural heritage reserve fund/program
 This establishes the "natural area reserve fund" which is designed to fund the purposes of this statute in its entirety.

(The text featured above is paraphrased)

For the Full Text of the Statute see:   HAWAII REVISED STAUTES ANNOTATED, §195

Special thanks to Hawaii’s Thousand Friends, OHELO and Patagonia Corp.

HAWAII STATEWIDE TRAIL AND ACCESS SYSTEM, HAWAII REVISED STATUTES ANNOTATED, §198D (Michie 2001).

This important law provides the necessary regulations to allow the State’s trail system to operate.

Some highlights of this important law follow-

Under Hawaii Rev. Stat. §198D, Hawaii statewide trail and access system-

 There is established the Hawaii statewide trail and access program, to be known as Na Ala Hele. The department of land and natural resources shall, plan, develop, acquire land or rights for public use of land, construct, restore, and engage in coordination activities to implement the program in accordance with this chapter.

 The department must inventory all of the trails in the State. The trails with public access must be noted. The inventories must be published and the public must have access to them.

 The department must also keep a list of those trails which need repair or are otherwise inadequate. These must also be published.

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For the Full Text of the Statute see:     HAWAII REVISED STATUTES ANNOTATED, §198D

Special thanks to Hawaii’s Thousand Friends, OHELO and Patagonia Corp.

CONSERVATION AND RESOURCES ENFORCEMENT PROGRAM, HAWAII REVISED STATUTES ANNOTATED, §199
(Michie 2001).

This important law provides the necessary regulations to allow the State’s conservation goals to be met.

Some highlights of this important law follow-

Under Hawaii Rev. Stat. §199, Conservation and resources enforcement program-

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For the Full Text of the Statute see:     HAWAII REVISED STATUTES ANNOTATED, §199

Special thanks to Hawaii’s Thousand Friends, OHELO and Patagonia Corp.

LAND USE COMMISSION, HAWAII REVISED STATUTES ANNOTATED, §205 (Michie 2001).
 
 

COASTAL ZONE MANAGEMENT, HAWAII REVISED STATUTES ANNOTATED, §205A  (Michie 2001).
 
 

COMMUNITY DEVELOPMENT AUTHORITY, HAWAII REVISED STATUTES ANNOTATED, §206E  (Michie 2001).
 

THIS LENGTHY AND COMPREHENSIVE STATUTE PROVIDE THE STATE WITH COMMUNITY DEVELOPMENT

Brief highlights from this important law follow-
 

Under Hawaii Rev. Stat. §206E,  Community Development Authority-

 The legislature finds that many areas of the State are substantially undeveloped, blighted or economically depressed, and are or are potentially in need of renewal, renovation, or improvement to alleviate such conditions as dilapidation, deterioration, age, and other such factors or conditions which make such areas an economic or social liability.
 The legislature further finds that there exists within the State vast, unmet community development needs. These include, but are not limited to, a lack of suitable affordable housing; insufficient commercial and industrial facilities for rent; residential areas which do not have facilities necessary for basic livability, such as parks, open space; and areas which are planned for extensive land allocation tone, rather than mixed uses.
 The legislature finds that a new and comprehensive authority for community development must be created to join the strengths of private enterprise, public development and regulation into a new form of capable long-range planning and implementation of improved community development.

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 The legislature, by statute, may designate an area as a community development district if it determines that there is a need for replanning, renewal, or redevelopment of that area. The designation shall describe the boundaries of that area. The authority can then partner with business and other government agencies to plan the new  developments and foster healthy growth and renewal for that community.
 
 

 There is created the Hawaii community development revolving fund into which all receipts and revenues of the authority shall be deposited. The monies will be used to foster renewal and generally to implement the stated objectives of this law.

(All of the text featured above is paraphrased)

For the Full Text of the Statute see:     HAWAII REVISED STATUTES ANNOTATED, §206E

Special thanks to Hawaii’s Thousand Friends, OHELO and Patagonia Corp.

QUALITY GROWTH POLICY, HAWAII REVISED STATUTES ANNOTATED, §223 (Michie 2001).
 
 

HAWAII STATE PLANNING ACT, HAWAII REVISED STATUTES ANNOTATED, §226 (Michie 2001).