HomeMy WebLinkAboutCOM 0178.004 2002-2004 ..r.,
BOBJACOBSON ~ PHONE: 9(1-8263
Councilman FAS:961-8912
E-Mail: jacohs(a)hgea.org
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MEMORANDUM
To: Gary Safarik, Chairman
Public Works and Intergovernmental Relations Committee and Members
Hawaii County Council
From: Bob Jacobson, Council Member
Subject: DRAFT 3 OF A RESOLUTION NO. 55-03 SUPPORTING THE
PRESERVATION AND CONSERVATION OF WAO KELE `O PUNA.
Attached for your favorable consideration is draft 3 of a proposed Resolution No. 55-03
supporting the acquisition of Wao Kele `O Puna.
Changes were made to the title of the resolution.
A RESOLUTION SUPPORTING THE [ACQUISITION] PRESERVATION AND
CONSERVATION OF WAO KELE `O PUNA
Eight WHEREASES, were omitted from the body of the resolution.
The 2nd WHEREAS which reads:
[WHEREAS, in the case of Pele Defense Fund v. Estate of James Campbell, et
al., in the Hawaii Third Circuit Court, the Plaintiff, Pele Defense Fund, challenged the
land exchange and asserted claims to important Native Hawaiian rights based on
traditional access and gathering practices of Native Hawaiians in the Puna region, and
relating to traditional uses of Wao Kele `O Puna; and]
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The 3rd WHEREAS which reads:
[WHEREAS, the Hawaii Supreme Court held in Pele Defense Fund v. Paty, 73
Haw. 578, 837 P.2d 1247 (1992), that although Pele Defense Fund could not contest the
transfer of public ceded lands exchanged for KahauaLe`a, it could litigate the extent to
which Hawaiians retained rights customarily and traditionally exercised for subsistence,
cultural and religious purposes in Wao Kele 'O Puna; and]
The 4th WHEREAS which reads:
[WHEREAS, Pele Defense Fund's Wao Kele `O Puna litigation was remanded by
the Supreme Court for trial on whether those traditional access and gathering practices of
Native Hawaiians in Wao Kele `O Puna must be legally protected; and]
The 5th WHEREAS which reads:
[WHEREAS, prior to and during this litigation, certain permits were issued by
regulatory agencies of the State of Hawaii in regard to the geothermal development
activities in Wao Kele `O Puna; and]
The 9th WHEREAS which reads:
[WHEREAS, the remedial activities required by the permits issued by agencies
of the State of Hawaii have not been completed; and]
The 11th WHEREAS which reads:
[WHEREAS, the unique biota of Wao Kele `O Puna includes endangered species
that are threatened by invasive alien species, including alien species that have occupied
road and developed areas used in geothermal exploration; and]
7'he 13th WHEREAS which reads:
[WHEREAS, on August 26, 2002, the court entered its final judgement in favor
of the Pele Defense Fund against the Estate of James Campbell in aprecedent-setting
decision for the benefit of all Hawaiians, which formally acknowledged and confirmed
important traditional access, gathering and hunting rights for cultural practitioners for the
first time; and]
The 14th WHEREAS which reads:
[WHEREAS, said final judgement creates a permanent access easement for all
Hawaiians to Wao Kele `O Puna in perpetuity and designated the Pele Defense Fund with
the responsibility of monitoring enforcement of the access easement for all Hawaiians;
and]
The NOW, THEREFORE, BE IT RESOLVED has been changed which reads:
NOW, THEREFORE, BE IT RESOLVED that the Hawaii County Council
supports the effort by conservation groups working [in consultation with the Pele Defense
Fund] to acquire Wao Kele `O Puna, for purposes of preservation and protection.
7'he BE IT FURTHER RESOLVED has been changed which reads:
BE IT FURTHER RESOLVED that government officials and agencies of
F{awai`i County and the State of Hawaii are encouraged to support the effort by
conservation groups working [in consultation with the Pele Defense Fund] to acquire
Wao Kele ' O Puna, since the county views this acquisition as a high priority that will
promote county and state interests, the general welfare, and county and state goals to
protect important conservation lands;
Names have been omitted from the BE IT FINALLY RESOLVED which reads:
BE IT FINALLY RESOLVED that the County Clerk transmit copies of this
resolution to the Honorable George W. Bush, President of the United States of America,
U.S. Senator Daniel [nouye, U.S. Senator Daniel Akaka, U.S. Representative Neil
Abercrombie, U.S. Representative Ed Case, and Governor Linda Lingle, [State Senate
President Robert Bunda, State Senator Lorraine Inouye, State Senator Willie Espero,
State Senator Colleen Hanabusa, State Senator Suzanne Chun Oakland, Speaker of the
State House of Representatives Calvin Say, State Representative Hermina Morita, State
Representative Thomas Waters, State Representative Ezra Kanoho, State Representative
Sol Kaho' ohalahala,] Trustees of the Estate of James Campbell, [and the Pele Defense
Fund]
Should you have any questions, please feel free to contact me at Ext. 8263.
Att:
BJ/ey