THE SENATE

S.B. NO.

1410

THIRTY-FIRST LEGISLATURE, 2021

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to agriculture.

 

 

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

 


     SECTION 1.  The legislature finds that Hawaii's traditional farming systems, such as loko ia (fishponds), mala (cultivated gardens), and loi (irrigated patches), were important agricultural technologies that historically sustained significant populations with complete self-sufficiency.  The legislature further finds that these traditional Hawaiian farming systems still play a critical role in Hawaii and should be encouraged to promote greater self-sufficiency, crop diversity, and food security.  Moreover, traditional Hawaiian crops like kalo (taro), uala (sweet potato), limu (various seaweeds), awa, hoio (large native fern), and olena (turmeric) that were cultivated using these traditional Hawaiian farming techniques continue to be important agricultural products for food, medicine, and cultural practices today.

     Prioritizing traditional agricultural techniques such as traditional Hawaiian farming is increasingly viewed as good policy.  The United Nations Commission on Trade and Development urges nation states to support the development of sustainable small-scale farms and traditional farming systems to achieve food security and perpetuate viable agricultural resources for future generations, particularly considering climate change.  Supporting traditional farming is also consistent with the recommendations of the taro security and purity task force's 2010 legislative report E ola hou ke kalo; hoi hou ka aina leia:  The taro lives; abundance returns to the land.  The report emphasizes the need to invest in traditional farming and crops to perpetuate culture, and to support disaster preparedness and food security in our islands.  Traditional and customary subsistence farming may help meet Hawaii's growing demand for food in a manner that is socially equitable, economically stable, and ecologically sustainable over the long term.

     The legislature finds that article XI, section 3, of the Hawaii State Constitution requires the legislature to provide standards and criteria to increase Hawaii's agricultural self-sufficiency.  Additionally, article XII, section 7, of the Hawaii State Constitution acknowledges the rights of native Hawaiians to engage in customary and traditional practices.  Traditional and customary and subsistence farming communities, such as multi-family cooperatives, act as critically important repositories for traditional knowledge and help to perpetuate native Hawaiian culture and lifestyles.  In addition, these communities have been shown to provide opportunities for native Hawaiians to reconnect with the land and assist at-risk youth diversion efforts.  Subsistence farming communities collectively provide a diverse array of fresh, locally-produced agricultural products that are not subject to changing shipping costs and fees or fluctuating national and global markets.  These cooperatives provide Hawaii's local food production with the greatest protection against unforeseen circumstances, such as pest introductions, disease, or climate-change related impacts.

     The purpose of this Act is to assert that the state planning office shall provide assurances of the right of native Hawaiian traditional and customary subsistence farmers to engage in subsistence farming.

     SECTION 2.  Section 226-25, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  To achieve the culture objective, it shall be the policy of this State to:

     (1)  Foster increased knowledge and understanding of Hawaii's ethnic and cultural heritages and the history of Hawaii.

     (2)  Support activities and conditions that promote cultural values, customs, and arts that enrich the lifestyles of Hawaii's people and which are sensitive and responsive to family and community needs.

     (3)  Encourage increased awareness of the effects of proposed public and private actions on the integrity and quality of cultural and community lifestyles in Hawaii.

     (4)  Encourage the essence of the aloha spirit in people's daily activities to promote harmonious relationships among Hawaii's people and visitors.

     (5)  Assure the right of traditional and customary subsistence farming by:

          (A)  Providing that the right of traditional and customary subsistence farming is not to be preempted by any judicial interpretation of article XII, section 7, of the Hawaii State Constitution;

          (B)  Allowing persons engaged in traditional and customary subsistence farming to reside on their land upon approval by the department of agriculture and verification by a cultural practitioner council that the land use is traditional and customary; and

          (C)  Declaring that no court, official, public servant, or public employee shall declare any operation of traditional and customary subsistence farming a nuisance if the farming operation is conducted in a manner consistent with generally accepted agricultural and management practices.

          For the purposes of this paragraph, "traditional and customary subsistence farming" means farming conducted by a native Hawaiian cultural practitioner for direct personal or family consumption."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2060.


 


 

Report Title:

Hawaii State Planning Act; Native Hawaiian Traditional and Customary Practices; Subsistence Farming; Agricultural Lands

 

Description:

Clarifies that "traditional and customary subsistence farming", which is customary and traditional subsistence farming conducted by a native Hawaiian cultural practitioner for direct personal or family consumption.  Provides that one of the State's policies under the Hawaii State Planning Act's socio-cultural advancement objectives is to assure the right of native Hawaiian cultural practitioners to engage in customary and traditional subsistence farming.  Effective 7/1/2060.  (SD1)

 

 

 

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