Report Title:

Ka'u District; Conservation

Description:

Establishes Ka'u conservation district along the shoreline; prohibits development until a preservation and protection plan is implemented.

HOUSE OF REPRESENTATIVES

H.B. NO.

1419

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to ka'u district.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature is concerned about unmanaged development and the intrusion of urban activities creeping into the until now pristine wilderness areas in south Kona and Ka'u on the island of Hawaii. The legislature finds that this increasing intrusion into what was once pristine land and ocean areas is having a destructive impact on natural resources, native plants, and land and aquatic animals and their habitats. Valuable native Hawaiian resources, including heiau, slides, and other archaeological evidence of ancient Hawaiian habitation of the area, are endangered.

The legislature addressed this problem in part during the regular session of 2003 with the establishment of the south Kona wilderness area; however, not addressed in 2003 was the continuing urban intrusion south into the district of Ka'u, the original landfall for native Hawaiians coming from the south Pacific. The district of Ka'u is also a valuable nesting area for endangered green and hawksbill turtles. The legislature finds that it is imperative that these few remaining treasures be protected and preserved, to be enjoyed by future generations.

The legislature further finds that a large portion of the Ka'u district is in zone one or zone two of the lava flow hazard zone maps prepared by the United States Geological Survey, the most dangerous zones facing lava flow hazards.

Accordingly, the purpose of this Act is to establish a conservation area in the shoreline areas of the Ka'u district and not allow development in the conservation district until a plan for the preservation and protection of valuable natural and cultural resources found in the area, and the careful use of this area, is developed and implemented.

SECTION 2. There is established a Ka'u conservation area, comprising of a one mile band of land from the shoreline inland the entire length of the Ka'u district from the south Kona district around Ka Lae to the Puna district, excluding any portions of the Hawaii volcanoes national park.

SECTION 3. No state or county agency, commission, or department shall grant any approvals or issue any permits to allow any development and no person shall engage in any development in the Ka'u conservation district.

For purposes of this section, "development" includes:

(1) Any grubbing, earth-moving, building, or mining operation;

(2) Any material change in use, intensity of use, or appearance of any structure or land, fast or submerged; or

(3) The division of land into two or more parcels.

SECTION 4. (a) The county of Hawaii, in consultation with the department of land and natural resources, Ka'u district landowners, interested members of the community, and other stakeholders, shall prepare a plan for the preservation and protection of all natural and cultural resources in the Ka'u conservation district that shall include, but not be limited to, the following:

(1) The preservation of the extensive archaeological sites in the area, including ancient habitations, slides, heiau, burial caves and lava tubes, and other archaeological or culturally valuable and sensitive resources;

(2) The protection of native Hawaiian flora and fauna and their habitats;

(3) The protection of anchialine ponds and their unique inhabitants;

(4) The protection of ocean animals, including but not limited to monk seals, green turtles, and hawksbill turtles, and their nesting and habitation areas;

(5) Proposed future land uses that permit minimal manmade structures and avoids the hazards from potential volcanic activity and lava flows; and

(6) Permitting limited access for recreational purposes, including fishing, swimming, camping, and exploration.

(b) The county of Hawaii shall submit the plan to the legislature no later than twenty days prior to the convening of the regular session of 2007.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________