PRESERVING AND PROTECTING OUR NATURAL RESOURCES

Continuing our pledge to preserve and protect Hawaii's natural resources remains a chief priority for the Lingle-Aiona Administration.  The Administration's 2008 legislative package reinforces our commitment to this promise by engaging in practical and proactive measures to ensure that the vitality and sustainability of our lands, oceans, and unique natural resources are preserved for generations to come.

Hazardous Substances
It is critical to public safety and the environment to have in place a framework which provides clear guidance to and governance of entities that use or manufacture hazardous substances.  The Administration is proposing legislation that would clarify reporting and emergency planning requirements for operators of hazardous substances and extremely hazardous substances.  This will minimize confusion and make certain that dangerous chemicals are handled appropriately and do not contaminate our land and water supplies. 

Grounded Vessels
In 2006 the Administration proposed, and the Legislature enacted, a law that allowed the State to take control of a boat or other marine vessel that ran aground on State property.  The State is permitted to move the marine vessel to a safer location.  However, the current law does not address the situation where the vessel is so severely damaged that it cannot be safely moved. 
This measure provides the State with the authority to remove marine vessels that are in danger of breaking apart or are so severely damaged that they cannot be safely moved to another location.  It is important that these vessels be removed or dismantled as quickly and safely as possible in order to prevent navigational hazards and to minimize damage to the State’s coral reefs. 

Protecting our Resources
The Administration is also proposing legislation that would protect Hawaii’s fragile ecosystem by establishing strict penalties for damage done to stony coral and live rock.  Current statute set forth fines associated with the killing or injuring of aquatic life, but these fines are calculated on a per specimen basis.  However, this calculation does not address damage or breakage to living colonies and live rock.  The Administration’s proposal will allow the Board of Land and Natural Resources to charge up to $5,000 per square meter for damage done to these living organisms.

Conservation Lands
Protecting lands and natural resources inside State conservation districts is vital to preserving Hawaii's water supply and ecological diversity.  In order to protect conservation-classified lands, the Administration proposes to increase the maximum fine for violations committed within a conservation district from $2,000 to up to $10,000 per violation.  The Administration is also proposing that market value be taken into consideration when the State is determining appropriate fines for theft of and damage to our precious natural resources.  Existing penalties have not successfully deterred prohibited actions such as grubbing, grading, construction and destruction of native vegetation within the State's conservation areas. 

Protecting Public Lands
An integral part of ensuring that Hawaii’s natural resources will be enjoyed by future generations is to discontinue destructive and prohibited use of public lands.  Examples of unlawful activities include unlicensed commercial activities such as surf schools and wedding ceremonies; damage to archeological, historical, or geological features; and defacing natural features.  The Administration is proposing increasing penalties for misuse of public lands and structure sanctions against repeat offenders.  First time activities will be fined up to $2,500 per violation and $500 per day until the prohibited activity stops.  Second-time offenders will be fined up to $5,000 per violation and $1,000 each day the activity continues.  Third-time offenders will be fined up to $10,000 per violation and an additional $2,000 each day the violation persists. 

Conservation Fund
Hawaii’s Land Conservation Fund was established to facilitate State acquisition of valuable lands including parks, coastal areas, wildlife, habitat protection areas, and cultural and historic sites.  However, current law is silent concerning the fund’s ability to accept grants and donations from public and private sources, such as federal funds or personal donations. 
The Lingle-Aiona Administration is proposing legislation that would permit private and public contributions to the Land Conservation Fund and would expand the allowable uses of monies into the fund to include the maintenance and management of legacy lands.  By allowing for greater community investment, there will be more resources secured to protect Hawaii's land legacy and provide the residents of Hawaii continued access and enjoyment of these lands.