DLNR; Study

Requires the department of land and natural resources to purchase
land and study conditions at Punalu`u beach and recommend
appropriate actions to establish a state park to preserve and
protect the area's endangered species and ecosystem.

THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that Punalu`u Beach, in
 2 the Ka`u district of Hawaii County, is the only beach in the area
 3 that is accessible for both Hawaii residents and tourists and is
 4 the natural habitat for the endangered Hawksbill turtle and other
 5 threatened animals.  Furthermore, Punalu`u Beach is a non-
 6 renewable black sand beach formed by past lava flows into the
 7 ocean because no new black sand is replenishing the beach and it
 8 is suffering also from the effects of subsidence and the illegal
 9 removal of beach sand for sale by vendors.
10      The legislature further finds that the endangered egglaying
11 turtles and hatchlings such as the Hawksbill turtle, the green
12 sea turtle, and the Hawaiian duck that are known to breed, nest,
13 or hatch at Punalu`u Beach are disoriented or harmed and their
14 habitats are damaged or destroyed by unmonitored camping
15 activities, park lights, road repairs, and predators that include
16 rats, mongoose, cats, and dogs.
17      The legislature further finds that the purchase of land at
18 Punalu`u Beach in Hawaii County, Tax Map Key        , by the
19 department of land and natural resources could be the basis for

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                                     S.B. NO.           

 1 establishing a state park and would serve a public interest by
 2 preserving and restoring the fragile ecosystem of Punalu`u Beach
 3 to protect the resident endangered and threatened species, and by
 4 aiding the area's economy by creating a clean, safe, and
 5 accessible beach with opportunities for local craft and food
 6 vendors in the park.
 7      SECTION 2.  The department of land and natural resources may
 8 utilize its powers of eminent domain under section 195-4, Hawaii
 9 Revised Statutes, to institute proceedings to purchase land at
10 Punalu`u Beach in the county of Hawaii, Tax Map Key        , for
11 the purpose of establishing a state park and shall review the
12 current condition of Punalu`u Beach in order to recommend a
13 course of action to protect endangered turtles and other
14 threatened species and to preserve the natural resources of the
15 area.  The study shall take into consideration the following:
16      (1)  Compliance with the Endangered Species Act;
17      (2)  Restoration of currently polluted resources, the
18           removal of dangerous or illegal structures, and the
19           potential to recover costs from parties responsible for
20           habitat destruction;
21      (3)  Integration of the state park into the federal Ala
22           Kahakai Trail System;
23      (4)  Opportunities for local craft and food vendors in the

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                                     S.B. NO.           

 1           park;
 2      (5)  Rights of way, including the elimination of motorized
 3           traffic on the existing sand road, and plans and
 4           designs for appropriate parking facilities;
 5      (6)  Staff requirements;
 6      (7)  Elimination or control of predators that harm
 7           endangered species;
 8      (8)  Identification and control of existing and potential
 9           sources of water pollution; and
10      (9)  Whether the State should purchase the land at Punalu`u
11           Beach in the county of Hawaii, Tax Map Key       , for
12           the purpose of establishing a state park.
13      SECTION 3.  The chairperson of the board of land and natural
14 resources shall report findings and recommendations to the
15 Legislature twenty days before the convening of the Regular
16 Session of 2001.
17      SECTION 4.  This Act shall take effect upon its approval.
19                       INTRODUCED BY:  ___________________________