THE SENATE

S.B. NO.

23

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO NATIVE HAWAIIANS.

 

 

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

 


     SECTION 1.  The legislature finds that, over the past two hundred years, Hawaii has seen and experienced severe changes in a variety of instances.  One such instance includes the deterioration of the Hawaiian culture, language, values, and land tenure system, which have in part resulted in the over-development of the coastline, alteration of fresh water streams, destruction of the life-giving watersheds, decimation of the coral reefs, and the decline of endemic marine and terrestrial species.

     Native Hawaiian culture has knowledge that has been passed on for generations, and is still living for the purposes of perpetuating traditional protocols, caring for and protecting the environment, and strengthening cultural and spiritual connections.  It is through the aha moku councils that native Hawaiians protected their environment and sustained the abundance of resources that they depended upon for thousands of years.

     Today, many Hawaiian communities are becoming revitalized by using the knowledge of cultural practitioners that was passed down through kupuna, and experienced farmers (mahiai) and fishers (lawaia) to engage and enhance sustainability, subsistence, and self-sufficiency.  Furthermore, many Hawaiian communities are interested, concerned, involved, willing, and able to advise government agencies, organizations, and other interested groups in integrating traditional knowledge and ahupuaa management practices.

     The legislature further finds that on August 15 to 17, 2006, the Hoohanohano I Na Kupuna Puwalu series began and native Hawaiian cultural and traditional practitioners who are versed in lawaia and mahiai, ocean, and land ahupuaa methods gathered to discuss and bring forth the wisdom of the kupuna and ancestors.  It was a gathering of empirical knowledge handed down from generation to generation on traditional fishing, agriculture, streams, fishponds, and land use methodology based on the ahupuaa system.  Representatives from thirty-seven moku in the State and over one hundred ahupuaa practitioners, including kupuna and the acknowledged traditional experts of each moku, all joined together to come forth with their manao and concerns.

     The conclusion of Puwalu Ekahi was the creation of a resolution calling on native Hawaiians to begin a process to uphold and continue Hawaiian traditional land and ocean practices.  Perpetuating and preserving the knowledge of the practitioners through the continuation of the konohiki management, the kapu system, and the creation of an aha moku and the ahupuaa management system was the consensus.

     On November 8 and 9, 2006, Puwalu Elua brought together educators, administrators, cultural practitioners, and kupuna to discuss the values and the spiritual connection between natural resources and native Hawaiians; the ahupuaa concept; generational knowledge and learning; the importance of place names and moolelo; seasonal closures and lunar calendars; fishing practices; the Northwestern Hawaiian islands; konohiki connections; marine protected areas; upena (nets); placed‑based kapu; limu; and puuhonua concepts that could be developed as an educational framework to integrate this knowledge into a curricula for all public, private, charter, and Hawaiian immersion schools in Hawaii.

     On December 19 and 20, 2006, Puwalu Ekolu brought together major policymakers and stakeholders in the protection of the Hawaii ecosystem.  Native Hawaiian practitioners and experts in traditional methods of sustainability, government policymakers including members of the legislature, state agency directors, environmental groups, educational leaders, and Hawaiian community organizations discussed existing programs and their successes and failures in community building.  In conclusion, it was agreed that statutes, ordinances, and a framework for community consultation using the Hawaiian perspective and traditional methods such as the ahupuaa management system are needed, and the creation of the aha moku councils should be established.

     Between 2006 and 2010, three more puwalu were convened to gather additional community input on best practices in the area of native Hawaiian resource management.  All puwalu were open to the public and included farmers, fishers, environmentalists, educators, organizations and agencies, and governmental representatives who, through discussions on the integration of these practices into regulation and common utilization, came to the consensus of the necessity to integrate the aha moku system into government policy.  The information gathered from all puwalu has been compiled into a comprehensive report to the legislature as required by Act 212, Session Laws of Hawaii 2007.

     The purpose of this Act is to create an aha kiole commission, which will be located within the department of land and natural resources and shall serve in an advisory capacity to the governor and the legislature.  The aha kiole commission will advise the governor and legislature on issues related to land and natural resource management through the aha moku system, a system of best practices that is based upon the indigenous resource management practices of moku (regional) boundaries, that acknowledges the natural contours of land, the specific resources located within those areas, and the methodology necessary to sustain resources and the community.

     SECTION 2.  (a)  There is established the aha kiole commission to be placed within the department of land and natural resources for administrative purposes as provided in section 26-35, Hawaii Revised Statutes.  The commission shall advise the governor and the legislature in carrying out the purposes of this Act.  The commission shall consist of eight members selected by the aha moku councils of the respective islands without regard to sections 26-34 and 78‑4, Hawaii Revised Statutes.  The commission members shall select the chairperson of the commission.  The members shall not receive compensation for their service but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties under this Act.

     (b)  The commission shall:

     (1)  Provide advisory input based upon the indigenous resource management practices of each moku to state and county agencies;

     (2)  Aid in the implementation of a comprehensive set of best practices for natural resource management;

     (3)  Foster the understanding and practical use of knowledge, including native Hawaiian methodology and expertise;

     (4)  Ensure the future sustainable use of the State's marine, land, cultural, agricultural, and natural resources;

     (5)  Enhance community education and cultural awareness;

     (6)  Participate in the protection and preservation of the State's natural resources;

     (7)  Engage in discussion with and participate in meetings and events held by the various moku statewide;

     (8)  Establish an administrative structure that oversees the aha moku system; and

     (9)  Select an executive director.

     (c)  The commission shall submit an annual report to the governor and legislature no later than twenty days prior to the convening of each regular legislative session.  The annual report shall include a list of all recommendations made by the commission and the resulting action taken by state and county agencies over the course of the year.

     SECTION 3.  This Act shall take effect upon its approval.

 



 

Report Title:

Aha Kiole Advisory Commission

 

Description:

Establishes an aha kiole advisory commission placed within the department of land and natural resources to serve in an advisory capacity to the governor and the legislature on all matters regarding the management of the State's land and natural resources.  (SD1)

 

 

 

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