HomeMy WebLinkAboutCOM 0453.009 2004-2006
PHONE {808) 594-1688 , o e~,w FAX (808} 594-1865
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STATE OP HAWAII
OFFICE OF HAWAIIAN AFFAIRS
711 KAPI'OLANI BOULEVARD, SUITE 500
HONOLULU, HAWAI'196813
HRDOS/2148
December 6, 2005
The Honorable Stacy K. Higa
Chairman, and
Members of ehe Hawai `i County Council
County of Hawai `i
Hilo, HI 96720
RE: Resolution 171-05; Public Hearings on Recreational Boat Harbor Operations, Hawaii
County; December 6, 2005, Keauhou-Kona Public Hearing, Sheraton Keauhou Bay Resort
and Spa, Hawaii Island
Aloha Chairman Higa and Council Members of the Hawaii County Council,
The Office of Hawaiian Affairs (OHA) is in receipt of County of Hawai `i Resolution No. 171-
05, which requests the Hawai `i County Council Co hold public hearings around Hawai `i Island to
collect public input on whether the County should accept management responsibilities of the 10
recreational boat harbor operations -and several boat ramps and an anchorage ai Reed's Bay,
Hilo - on Hawai `i Island from the State Department of Land and Natural Resources, Division of
Boating and Ocean Recreation. OHA offers the following comments.
We appreciate that recreational boat harbors and facilities across the State require more
monetary, physical and staff attention than the State has been able to provide over the years.
Whether the Counties are willing and better prepared to handle the situation has yeC to be
determined, but OHA welcomes any discussion toward improving safe and reliable access to
local harbors.
OHA understands that the State wishes to transfer management, not title, of recreational harbors
and is offering Counties the first chance Co accept both the opportunities and obligations of local
management. if the Counties decide that they do not want the management authority, then the
State will look into private management. OHA has been assured that whether a management
transfer occurs via Executi ve Order, Management Agreement or Lease, future management will
be aware of necessary compliance with the trust and financial obligations owed to OHA's
beneficiaries. All of these boating facilities include ceded lands, which are public lands held in
Comm. No. S 3
Ref. To:
Ref, Uate ~r fi 2~~
The Honorable Stacy K. Higa
December 6, 2005
Page 2
trust. and OHA has a fiduciary duty to our beneficiaries -all Hawaiians, to assure that these
(ands are used and treated properly.
Thus, OHA seeks assurances that. whomever manages these facilities will continue to enforce the
Hawaii Constitutional responsibility to "protect all rights, customarily and traditionally
exercised for subsistence, cultural and religious proposes" possessed by Hawaiians. (Hawai `i
State Constitution, Art. XII, Section 2). OHA hopes to prevent potential conflicts with users and
managers of recreational harbors. For example, outrigger canoe paddling, surfing, fishing and
other Native Hawaiian traditional and customary gathering, access and use rights should not be
reshicted -even during construction and maintenance processes -except as necessary to ensure
safety. And, even if such safety-related restrictions are put in place, alternate access routes must
be provided.
Thank you for the opportunity to comment. If you have further questions, please contact Heidi
Guth at (808) 594-1962 ore-mail her a[ heidig@oha.ore.
Sinccrcly,~e,, ,
'
Clyd V. Namu`o
Administrator
CC: Ruby McDonald
Community Resource Coordinator
OHA -Kona Office
75-5706 Hanama Place, Suite 107
Kailua-Kona, HI 96740