LIHUE — A short form bill introduced Thursday, and passed by a Senate committee about an hour later, proposes to make the privately owned and “Forbidden Island” of Niihau an independent county from Kauai. And it all came as a
LIHUE — A short form bill introduced Thursday, and passed by a Senate committee about an hour later, proposes to make the privately owned and “Forbidden Island” of Niihau an independent county from Kauai.
And it all came as a surprise, and disappointment, to Kauai County officials.
“This came up without warning or discussion, which is disturbing,” wrote county spokeswoman Beth Tokioka in an email. “I can say that knowing very little about it we have significant reservations.”
In a written statement, Mayor Bernard Carvalho Jr. said he was concerned about the current discussions regarding Niihau, from talks about establishing a no-fishing zone around the island to Thursday’s introduction of Senate Bill 172.
“I have serious concerns about SB 172 and am extremely disappointed that there were no discussions with the County prior to it being introduced,” he said. “The motives here are unclear, and we need to understand what benefits this bill will deliver before we take a position.”
If passed, the “County of Niihau” would be under the control of the state Department of Land and Natural Resources.
Niihau is the seventh largest of the inhabited Hawaiian Islands and is privately owned by the Robinson family.
“Except for any powers specifically conferred to the county of Niihau, none of the provisions of the Hawaii Revised Statutes regarding counties shall be deemed to refer to or shall be applicable to the county of Niihau,” states the bill.
Spokeswoman Deborah Ward said the DLNR is reviewing the bill and the potential implications it may have on the department.
The measure was quickly scheduled for a decision-making hearing in front of the Committee on Transportation and International Affairs on Thursday— with no public testimony accepted.
“A public hearing will be scheduled at a later date, at which point testimony will be accepted,” stated the agenda.
The TIA committee voted 7-1 that the measure be passed with amendments. Sen. Ron Kouchi, D-Kauai-Niihau, cast the lone dissenting vote.
“Nobody talked to me about it,” Kouchi said shortly after the hearing. “And I don’t want someone from Kauai who doesn’t understand that it was a procedural vote to think it represented my support at this time.”
Kouchi said he planned to discuss the matter Thursday with Carvalho, as well as members of the Kauai County Council. One of Kouchi’s initial observations is that Niihau would have to provide its own emergency services and establish its own form of government, should the bill pass.
SB 172 was an empty bill carried over from the 2013 legislative session. Kouchi said Sen. Kalani English introduced the measure at the request of Sen. Clayton Hee.
Carvalho said there are “valid concerns” from many stakeholders when it comes to matters involving Niihau and its surrounding waters.
“A full and open discussion with all stakeholders is needed before any decisions are made,” he said.
Last week, a slew of House bills aimed at prohibiting outsiders from fishing and harvesting opihi around the island of Niihau died in committee.
Instead of creating new laws from Oahu, the House Committee on Ocean Marine Resources and Hawaiian Affairs opted to follow the state DLNR’s recommendation to handle the situation through the department’s administrative rules process, according to Rep. Derek Kawakami, D-Wailua-Haena.
At that time, Kawakami said deferring the bills will “allow more public input by Niihauans and Kauai fishermen and ocean users because the meetings will take place on Kauai instead of Oahu.”
