HomeMy WebLinkAboutCOM 0493.076 2000-2002 My name is Kevin Seiter. I am a Hawaii County resident, a member of the State of
Hawaii Marine and Coastal Zone Management Advisory Committee (HRS 205A-3.5), a member
of the Kailua Village Design Commission, and a conservation advocate for the protection and
preservation of our coastal zones in the County and State of Hawaii.
The new State Public Advisory Committee's purpose is "to advise the lead agency" and
"network agencies", including Hawaii County, on the Coastal Zone Management Act ("CZMA").
Tonite 1 am here in an effort to build bridges, not burn them, in recommending protection a~w~.
preservation of the few, valuable coastal ecosystems in West Hawaii. By-•---
C'_c~unty Cauncil i-'C.
The Coastal Zone Management Act, Chapter 205A, sets forth objectives and policies
which must be followed by the County in finalizing the General Plan. The Federal CZMA, after
which the State Act is modeled, was developed due to the "low priority given to marine matters
by local governments, the diffusion of responsibilities among various state agencies, the inability
of states to assess their interests in their coastal zones, and the failure of states to develop and
implement LONG-RANGE COASTAL MANAGEMENT PLANS." As you know, Congress
devised a program of incentives in the form of grants-in-aid to encourage states to develop and
implement CZM programs for the better management of their coastal zones. Hawaii's
entitlement to these grants and funds depends upon the implementation of our CZM program.
Our State CZM program MUST "...determine specific uses and special geographic areas
based on resource capability and suitability analyzes, socio-economic considerations and public
preferences." Applying these concepts to remaining open, coastal space in West Hawaii, the
best way to protect and preserve the few remaining coastal ecosystems, including Kohanaiki and
Wai'aha Bay South of Kailua town, is to designate as much open space as possible, and maintain
the remaining, valuable coastal ecosystems in West Hawaii for public, recreational uses.
West Hawaii's coastal resources have been stressed by increasing development pressures.
Considering almost half of the peak weekend recreational activity in this State occurs at offshore
and shoreline areas, we must do everything reasonably possible to protect and preserve the
remaining, undeveloped Kona coastal zones for public and recreational purposes. The policies of
the Act require the State and Counties "Provide adequate, accessible, and diverse
recreational opportunities in the coastal zone management area. This means protecting
and preserving our vanishing coastal zone open spaces in dVest Hawaii by keeping our
valuable coastal ecosystems open to a1L"
Resource protection, in this case, means the government provide beach protection, or, in
the words of the CZMA, "Protect beaches for public use and recreation; provide coastal
recreational opportunities accessible to the public; protect, preserve, and, where desi~•able,
restore those natural and manmade historic and prehistoric resources in d~Vest lE-Iawaii,
especially North and South Kona, that are significant in Hawaiian history and culture; to
protect, preserve, and, where desirable, restore or improve the quality of coastal scenic an
open space resources; to Protect valuable coastal ecosystems, including reefs, from
disruption and minimize adverse impacts on all coastal ecosystems, and to promote the
protection, use, and development of marine and coastal resources to assure their ~
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sustainability-"
The Act requires that, with respect to Marine resources, the State and County (A)
Promote the protection, use, and development of marine and coastal resources to assure
their sustainability. The policies of the Act require the State and Counties, "Provide adequate,
accessible, and diverse recreational opportunities in the coastal zone management area:'
In 1995, our Supreme Court made unequivocally clear Hawaii County agencies may
not issue a Special Management Area use pert-nit unless it finds that the proposed project will not
have any significant adverse effects. Factors that may constitute significant adverse effects
include (a) an irrevocable commitment to loss or• desh•uction of any natural or cultural
resource, inclriding but not limited to, historic sites and view planes, (b) effects upon the
economic or• social ovelfare and activities of the community, county or state, and (c) actions
conh•ary to the objectives and policies of the Coastal Zone Management Act."
Puhlic. Access Shoreline 1-ladw. ex r•el. Rothstein Hawaii County Planning Comm'n ex rel.
n•lrmoto, aew. ( - cert. enre ,
517 U.S. l 163, l16 S. Ct. 1559,
13a L. F.d. 2d fibtl (1996).
O~n~ in~rnt~~rv ol•coastal, open space li~on~ Keauhou to Kailua ~'illa~~e is nvn-existent.
The ~,nly natural. acce~tiible open beach resoure:c in North Kona a~~ailuble to the Puhlic in ~'~~est
1 la~raii is Kuhanaiki. Without the protection ol-conservative General Plan designations,
liti~~~~ti~~n hcc~~n~cs ilic tool by which the public pratccts its interests, as at Wai'aha Bay, one of
the fr~~~, remaining undeveloped recreational l~~each ecosystems within walking distance of Kailua
to~~n. ~I he open tipacc dc~iLnations through the general plan is a way to build Bridges between
~~ui, the guardians of our c~,astal resources, and the public whose interests you represent.
In ~~~nclnsi~~n, 1 ask you protect and preser~ e our remaining, valuable coastal ecosystems,
espcei~illy N~~rth of the f larhor, as ohen space, cr~nsistent with the State and Fedora) C7MA.
Any other designation, in my opinion, is contrary to the purposes and objectives of the CZ1~~IA,
and inconsistent with the County's responsibility to protect and preserve our remaining, valuable
coastal resources.