REPORT TITLE:
Natural Resource Management


DESCRIPTION:
Defines "substantial adverse environmental or ecological effect"
as it relates to special management areas to include specific
levels of degradation or damage to resources which is also
defined.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           560
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SPECIAL MANAGEMENT AREAS.
 


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

 1      SECTION 1.  The legislature finds that more guidance is
 
 2 needed in interpreting provisions of chapter 205A, part II,
 
 3 Hawaii Revised Statutes.  The purpose of this Act is to define
 
 4 the term "substantial adverse environmental or ecological effect"
 
 5 in order to ensure that the long-term incremental degradation of
 
 6 natural resources is halted.
 
 7      SECTION 2.  Section 205A-22, Hawaii Revised Statutes, is
 
 8 amended by adding four new definitions to be appropriately
 
 9 inserted and to read as follows:
 
10      ""Baseline" means the levels found in the area before
 
11 initiation of the activity and not including any pollution
 
12 formerly or currently caused by the applicant.
 
13      "Resource" includes any historic site, archaeological
 
14 resource, public access way, recreation area, trail, scenic
 
15 resource, open space, agricultural land, native plant species,
 
16 endangered species, fauna, native habitat, wildlife habitat,
 
17 wetland, anchialine pool, bay, estuary, marsh, river mouth,
 
18 river, stream, slough, lagoon, submerged land, beach, surfing
 
19 site, fishpond, reef, coral, marine life, fishery, area of open
 

 
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                                     S.B. NO.           560
                                                        
                                                        

 
 1 water free of visible structures, water, and air.
 
 2      "Scenic resource" includes views of the ocean, views along
 
 3 the coast, views of unusual land forms, and views of the
 
 4 mountains from the shoreline.
 
 5      "Substantial adverse environmental or ecological effect"
 
 6 includes:
 
 7      (1)  Damage or degradation of a unique resource;
 
 8      (2)  Damage, degradation to, or loss of, five per cent or
 
 9           more of a specific resource found in an ahupua`a;
 
10      (3)  Damage, degradation to, or loss of, five per cent or
 
11           more of a specific marine resource found within an area
 
12           with a one hundred meter radius; or
 
13      (4)  A five per cent increase to the baseline in levels of
 
14           any of the water pollutants, water quality parameters,
 
15           air pollutants, or noise decibel levels as identified
 
16           in administrative rules."
 
17      SECTION 3.  New statutory material is underscored.
 
18      SECTION 4.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________