Legislators respond to public concerns by Nathan Eagle – THE GARDEN ISLAND A bill died this week in the state Legislature that would have tackled reported abuses along the coast of Ni‘ihau, a privately owned island populated by Native Hawaiians.
Legislators respond to public concerns
by Nathan Eagle – THE GARDEN ISLAND
A bill died this week in the state Legislature that would have tackled reported abuses along the coast of Ni‘ihau, a privately owned island populated by Native Hawaiians.
State Reps. James Tokioka, Roland Sagum, Hermina Morita and Ken Ito on Jan. 23 introduced legislation after finding that some recreational beachgoers and fishermen who take advantage of the public’s right to access Ni‘ihau’s shores leave behind “their debris, fishing gear and, at times, even their personal excrement.”
Ni‘ihau is an island with both cultural and natural treasures that must be protected, the proposed bill adds. Effective and prudent management of the island’s land-based, shoreline and marine resources must be in place while allowing the residents to continue their cultural practices, the legislation states.
The bill was killed Tuesday when lawmakers voted to recommit it to the Finance Committee instead of crossing it over to the Senate. The decision was made after the public raised concerns over the legislation’s unintended consequences.
Residents told the representatives that the bill was simply too much, too fast.
Sagum, D-16th District, said he apologized for allowing the bill to move as far as it had without consulting more constituents.
He said yesterday that the new plan is to gather community feedback over the next year or two and explore a more appropriate solution to this problem.
Kaua‘i legislators said they rallied roughly 150 to 180 residents Wednesday at Kaua‘i Community College to discuss the bill’s fate and explain how the process works.
Commercial fishermen troubled by a rumored ban on fishing around Ni‘ihau were a dominant part of the make-up of that session and an ‘Aha Kiole Advisory Committee meeting on Feb. 27.
It remains unclear how the misinformation spread, officials said, but the meeting this week was intended to bring clarity to concerned residents.
House Bill 3440 would have established the waters surrounding Ni‘ihau as a marine life conservation district.
The proposed law also would have required the state Department of Land and Natural Resources to adopt rules with input from the ‘Aha Kiole Advisory Committee — a newly formed group charged with incorporating Native Hawaiian knowledge into modern resource management practices — to ensure long-term sustainability, regulate recreational activities and create an enforcement officer position.
Ni‘ihau would have been designated a community-based subsistence fishing area if the legislation passed. This would regulate, among other things, the amount and size of fish that can be caught, Tokioka said.
“The plan was always to look at a way to restrict Jet Skis because there has been a problem as of recently with people going onto the island and leaving trash and then going back,” he said. “A lot of the kids were frightened by the new recreational activity happening on their shoreline. The bill was specifically designed to deal with that.”
As commercial fishermen voiced concern about the bill’s unintended consequences, Tokioka said, language was put in to clarify the law by permitting all current forms of fishing as provided by statute within the marine life conservation district.
“The public felt that they did not have a chance to review the bill and its unintended consequences,” Sagum said. “It was too quick to understand if it’s good or bad.”
The community meeting Wednesday let residents and the fishing and tour boat industries air their concerns, the representative said.
“Both groups were happy with the decision to kill the bill,” Sagum said. “The community is still whole.”
Tokioka said he heard the cries of Ni‘ihau residents concerned about the impacts of people operating thrill craft around the island and beachgoers polluting the shoreline so he responded with legislation he felt addressed these problems.
Sagum said Hawai‘i Revised Statutes already have some rules in place that govern thrill craft, such as speed boats.
Sagum said residents have criticized the Legislature, asking how it is possible to pass hundreds of bills in a four-month session and fully understand every side and all the potential impacts.
“I was impressed with how knowledgeable the people were in recognizing this bill was happening too fast for them,” Sagum said. “I made a commitment to go community by community to talk with the fishermen and explain what I see happening with those industries.”
• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com.
