Thursday, March 6, 2008

Kawainui Marsh

This is unfortunately a controversial issue withing the conservation community.

Linda Paul make an excellant arguement for supporting the resolution and opposing the bill. At the same time Dr. Burrows has put his heart and soul into Kawainui Marsh and is a strong supporter of the bill.

Here is Linda's comments:


Aloha all,

The Kawainui Marsh Advisory Council bill has passed out of the Senate and crossed over. It will be heard in the House. I have pasted in below the Committee report and SB 3206, SD2.
The bill is still fundamentally flawed and should be deferred until the next year:

It does not mandate that DLNR consult regularly with either the proposed Advisory Council or Ho`olaulima ia Kawainui for purposes of coordinating efforts to protect, preserve and maintain the natural and cultural resources of the Marsh.
It does not mandate that DNLR meet with either the AC or Ho`olaulima on a regular basis (i.e. quarterly) to review and assess the progress and programs pertaining to the Marsh.
It does not mandate that DLNR give recommendations by the AC or Ho`olaulima any serious consideration, nor does it contain a process by which the AC’s recommendations on DLNR submittals to the BLNR shall be incorporated into all final submittals and thereby become part of the public record.
By becoming a state-sponsored Advisory Council the bill will result in the slowing down of the process of creating visitor and education centers, restoring habitat, etc., because the AC will be subject to all the state sunshine and notice and comment requirements, and meetings will be subject to the willingness and availability of DLNR staff to schedule and hold them.
The bill lists four things, and only four things, that the AC can do, there is no catch-all phrase i.e. “including, but not limited to….”
The Advisory Council members in the bill do not fairly represent the many organizations that have contributed time, effort and funding to preserving the Marsh over the last 30 years:
Ahahui Malama I Ka Lokahi gets two of the 11 voting seats, the Kailua Hawaiian Civic Club gets one, the Kailua Chamber of Commerce gets one, and every other seat is subject to the political process. The two “community representatives” could very well end up representing existing month-to-month permit holders in the Marsh who do not share Doc’s or Ho`olaulima’s vision.
There is no decision needed from an Advisory Council regarding the use of the $4 million from the federal government. That money was earmarked years ago for the waterbird habitat restoration project. The 3:1 match was/is available because it was/is for an Army Corps of Engineers 404 mitigation project for work the ACE did in the Marsh that resulted in a net loss of wetlands. What has been holding up construction of the ponds is, of course, the land transfer.

When the bill is set for its first hearing in the House, please send in testimony requesting that it be deferred.
I have attached the latest draft of the Ho`olaulima resolution, which I hope Jill and Pono will introduce.
Mahalo,
Linda


STAND. COM. REP. NO. 2836

Honolulu, Hawaii

RE: S.B. No. 3206
S.D. 2


Honorable Colleen Hanabusa
President of the Senate
Twenty-Fourth State Legislature
Regular Session of 2008
State of Hawaii

Madam:

Your Committee on Ways and Means, to which was referred S.B. No. 3206, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO KAWAI NUI MARSH,"

begs leave to report as follows:

The purpose of this measure is to provide continued community participation in the preservation and protection of Kawai Nui marsh.

Specifically, this measure creates the Kawai Nui Marsh Advisory Council within the Department of Land and Natural Resources, and it will consist of representatives of community and conservation groups and government entities. The council shall review and assist in updating the 1994 Kawai Nui Marsh master plan and facilitate the implementation of the master plan. The measure also requires the Council to enhance education and cultural awareness of the marsh and participate in the protection and preservation of its natural and cultural resources. The measure also appropriates an unspecified amount to support the work of the council.

Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, the City and County of Honolulu, and one concerned individual. Testimony opposed to this measure was submitted by the Hawaii Audubon Society. Comments on this measure were submitted by the Department of Land and Natural Resources.

Your Committee finds that the Kawai Nui Marsh is the largest remaining wetland in the State. Among its ecological treasures are primary habitats for a number of species of endemic and endangered Hawaiian birds. It addition, the Kawai Nui Marsh was designated a wetland of international importance by the Ramsar Convention for the marsh's relationship to surrounding cultural sites.

Your Committee further finds that, despite advocacy and restoration efforts from many devoted community groups, the health of Kawai Nui Marsh has declined. Your Committee believes that the involvement of the community in the planning and implementation of programs in Kawai Nui Marsh is critical to maintain and increase public support for preserving this important wetland. Your Committee also believes that the creation of the Kawai Nui Marsh Advisory Council will engage government entities and community groups together in management of the marsh and will preserve and protect it for the future.

Upon further consideration, your Committee has amended this measure as follows:

(1) By clarifying that membership of the council shall include a representative of the Department of Land and Natural Resources State Parks Division, rather than the Administrator; and

(2) By making technical nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3206, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3206, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,


____________________________
ROSALYN H. BAKER, Chair


Report Title:
Kawai Nui Marsh Advisory Council; Establishment; Appropriation

Description:
Establishes the Kawai Nui marsh advisory council; appropriates moneys to DLNR for the work of the council. (SB3206 SD2)

THE SENATE
S.B. NO.
3206
TWENTY-FOURTH LEGISLATURE, 2008
S.D. 2
STATE OF HAWAII





A BILL FOR AN ACT


RELATING TO KAWAI NUI MARSH.


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


SECTION 1. Kawai Nui marsh, encompassing approximately eight hundred thirty acres of land in Kailua, Oahu, is the State's largest remaining wetland and an ecological and cultural treasure. It has been identified by the United States Fish and Wildlife Service as a primary habitat for endemic and endangered native Hawaiian birds such as the ‘alae ke‘oke‘o, ‘alae ‘ula, ae‘o, and koloa maoli. In 2005, the Ramsar Convention on Wetlands designated Kawai Nui marsh a wetland of international importance in part due to the wetlands relationship to surrounding cultural sites.
Act 314, Session Laws of Hawaii 1990 (Act 314), directed the transfer to the State of that certain parcel owned by the city and county of Honolulu and bearing tax map key number 4‑2‑16:1, which encompasses the bulk of Kawai Nui marsh. The parties were unsuccessful in completing the transfer.
Since the passage of Act 314, the health of the marsh has declined significantly despite the advocacy and restoration efforts of community groups such as ‘Ahahui Malama I Ka Lokahi, Hawaii's Thousand Friends, the Kailua Hawaiian Civic Club, Kailua Historical Society, Kawai Nui Heritage Foundation, and the Windward Ahupua‘a Alliance.
Act 235, Session Laws of Hawaii 2007, again addressed the transfer of this parcel to the State, and the city and county of Honolulu is currently in negotiations with the State to complete the transfer of title.
The purpose of this Act is to ensure continued community participation in the preservation, protection, and future vision for Kawai Nui marsh.
SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§171‑ Kawai Nui marsh advisory council. (a) There is established a Kawai Nui marsh advisory council, to be placed within the department of land and natural resources for administrative purposes only. The advisory council shall consist of eleven voting members appointed by the governor in accordance with section 26-34, and six ex-officio members as follows:
(1) One representative from ‘Ahahui Malama I Ka Lokahi or their designee;
(2) One representative from the Kailua Chamber of Commerce;
(3) Four representatives from environmental or educational nonprofit organizations;
(4) Two cultural representatives appointed by the Kailua Hawaiian Civic Club and ‘Ahahui Malama I Ka Lokahi;
(5) Two community representatives;
(6) One landowner representative;
(7) Five ex-officio members representing the United States Army Corps of Engineers, United States Fish and Wildlife Service, the department of land and natural resources forestry and wildlife division, the department of land and natural resources state parks division, and the city and county of Honolulu; and
(8) One ex-officio member who is a student representative from a Kailua area school as selected by a high school council.
(b) Each member representing an organization shall be appointed by the director or other chief executive of the member's organization within days following July 1, 2008. The members of the advisory council shall not receive compensation for their service but shall be reimbursed for expenses, including travel expenses, incurred in their duties relating to the advisory council.
(c) A chairperson shall be elected annually by the council from among the council's voting members; provided that:
(1) Only a nongovernmental member shall be elected as chairperson; and
(2) No member may serve as chairperson for more than two consecutive years.
(d) Six voting members shall constitute a quorum to do business and any action taken by the advisory council shall be validated by a simple majority of the quorum.
(e) The Kawai Nui marsh advisory council shall:
(1) Review and assist in updating and revising the 1994 Kawai Nui marsh master plan, which should consider the Hamakua wetlands, adjacent waterways that enter into Kawai Nui marsh from Maunawili and Kapa‘a valleys and flow into Kailua Bay;
(2) Facilitate implementation of the master plan;
(3) Enhance community education and cultural awareness of Kawai Nui marsh; and
(4) Participate in the protection and preservation of Kawai Nui marsh's natural and cultural resources."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to support the work of the Kawai Nui marsh advisory council, including the revising of the 1994 Kawai Nui Marsh Master Plan.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2008.

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