Report Title:

Ahihi-Kinau Natural Area Reserve; Makena-Keoneoio Road

 

Description:

Establishes that only that portion of the Makena-Keoneoio government road traversing the Ahihi-Kinau natural area reserve is under the jurisdiction of the DLNR and the rest remains under the DOT.  Requires the DLNR to adopt rules regarding entry into the natural area reserve under its jurisdiction.  (SB2739 SD2)

 


THE SENATE

S.B. NO.

2739

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 2

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE MAKENA-KEONEOIO GOVERNMENT ROAD.

 

 

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

 


     SECTION 1.  The legislature finds that the Ahihi-Kinau area on Maui's southwest flank, which contains the most recent lava flow from Haleakala, was the first designated natural area reserve in the State, back in June 1973.  The natural area reserve contains numerous ancient Hawaiian archaeological and cultural sites; fragile anchialine ponds, containing endangered endemic aquatic species; and isolated coves, small bays, and coral reefs, containing numerous species of marine fauna, including fish, crustaceans, corals, and aquatic vegetation.

     The Makena-Keoneoio government road that traverses the natural area reserve permits uncontrolled public access to the natural area reserve.  Further, publicity regarding the natural area reserve and its many resources in travel books and journals is attracting hundreds of visitors from all over the world every day.  This influx of visitors is causing enormous harm to the natural area reserve and its resources.

     The purposes of this Act are to:

     (1)  Establish that the portion of the Makena‑Keoneoio government road that traverses the natural area reserve is under the jurisdiction of the department of land and natural resources and that the remainder of the road outside the natural area reserve remains under the jurisdiction of the department of transportation; and

     (2)  Require the department of land and natural resources to adopt rules pursuant to chapter 91 and section 195-5, Hawaii Revised Statutes, regarding entry into the Ahihi-Kinau natural area reserve through the Makena‑Keoneoio government road.

     SECTION 2.  Chapter 195, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§195‑    Ahihi-Kinau natural area reserve; Makena-Keoneoio government road.  (a)  The department of land and natural resources shall have exclusive jurisdiction of only that portion of the Makena‑Keoneoio government road that traverses the Ahihi-Kinau natural area reserve.  The remaining portion of the Makena‑Keoneoio government road that lies outside the natural area reserve shall remain under the jurisdiction of the department of transportation.

     (b)  The department of land and natural resources shall adopt rules pursuant to chapter 91 and section 195-5, regarding entry into the Ahihi-Kinau natural area reserve through the Makena‑Keoneoio government road."

     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 for repair and maintenance of the Makena‑Keoneoio government road.

     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 upon its approval; provided that section 3 shall take effect on July 1, 2008.