Report Title:

Alien Species

THE SENATE

S.C.R. NO.

4

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

H.D. 1

   


SENATE CONCURRENT

RESOLUTION

 

AUTHORIZING THE ISSUANCE OF AN EASEMENT COVERING A PORTION OF SUBMERGED LANDS AT LAHAINA, MAUI, HAWAII, FOR CONCRETE PIER AND DECK PURPOSES.

 

WHEREAS, Patrick J. Ballenger and Mariana Van Blom, applicants, requested after-the-fact approvals and permits for an encroachment onto and over state submerged lands immediately offshore Front Street at Lahaina, Maui; and

WHEREAS, the encroachment consists of a wooden, three-level deck supported by concrete pilings extending approximately forty feet seaward from the applicants' property boundary and has been in place since the 1920s or 1930s when the original structure was built; and

WHEREAS, the structure is currently used commercially for the Lahaina Fish Company Restaurant; and

WHEREAS, a public hearing was held on February 9, 1989, in Kahului, Maui, for a conservation district use permit (CDUA); and

WHEREAS, on April 28, 1989, under agenda item H-7, the Board of Land and Natural Resources (BLNR) approved the applicant's CDUA for the use of an existing restaurant deck supported by concrete piers on and over submerged state lands, makai of the applicants' property, subject to the payment of a fine and other terms and conditions; and

WHEREAS, on October 27, 1989, under agenda item F-12, BLNR authorized the direct issuance of a 20-year, term, non-exclusive easement for the use of state submerged lands, subject to certain terms and conditions; and

WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution, before submerged public lands may be leased; and

WHEREAS, in order to issue the easement document, all appropriate authorizations are required; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2001, the House of Representatives concurring, that BLNR is authorized to issue a 20-year easement covering a portion of submerged lands at Lahaina, Maui, for concrete pier and deck purposes pursuant to section 171-53, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of BLNR.