Two bills to rule Niihau

SUBHEAD: No official comments are being accepted on these bills which should be a heads up. 

By Lyn McNutt on 8 Ferbuary 2014 in Island Breath -

Image above: Photo of charter fishing trip results to Niihau posted by Harry Rivera on 4/14/13. From (

No official comments are being accepted on these bills which should be a heads up.


HB 2357 combined with SB180 PD1 gives control of public waters around Niihau away to the Robinson Family (SB180), specifically, by law and then sets up the Aha Moku Advisory Council to do the dirty work (HB 2357).

These are very, very bad, and if passed in their present form will be open for legal action.

HB 2357
1. The suggested text leaves the door open for real abuse.  If you only have to "consult" with people, you are under no obligation to listen to them.  This is also one of NOAA's favorite terms---"in consultation with" means nothing unless it says, "in consultation and agreement with".  There needs to be an agreement clause or they have no need to care if you agree or not after they consulted with you.  This bill only says consultation.  Not good enough.

2. The Aha Moku Council has yet to fulfill the requirements of its own strategic plan as agreed with the Governor when the Bill was signed.  They are not authorized to take on additional roles until they fulfill their primary role given to them by the state and agreed in the strategic plan. The Governor stated this clearly before and after the Bill was signed and this was then presented to moku on each island!!

The Aha Moku councils on the islands are being neglected in favor of creating a centralized management structure in DLNR to bring the management of all konokiki and moku rights into DLNR to be decided and managed by one person who only has to consult with us, and not listen.   The Aha Moku Council on Oahu has sent a letter complaining about this.

3. The Aha Moku Council Advisor does NOT have the right to decide konohiki rights nor set policy based on her/his interpretation of those rights.  These decisions belong to the people and not a government employee.  The Government failed to pass the Aha Kiole Bill, which would have been the appropriate place for this discussion.

This bill scheduled to be heard by Agriculture Committee (AGR) on Monday, February 10th at 10:00am in House Conference Room 312.


Monday, February 10th, 2014 at 10:00am

Conference Room 312
State Capitol
415 South Beretania Street
Honolulu, Hawaii

SB 180 SD1

This is a bill written and modified to benefit one person, a private land owner, and sets a very, very bad, constitutionally questionable precent. The committee on ocean management (WTL)  recommended that the measure be PASSED, WITH AMENDMENTS and be recommitted.

HB 2357 along with SB 180 SD 1 gives away everything and I honestly have no idea what people are thinking in the Senate here.  This blatantly contradicts the constitution, and is tied directly to HB 2357 by giving konohiki rights SPECIFICALLY for Niihau (as if there were any doubt who is supposed to benefit from this) and then changing the Aha Moku Council Advisor's role to work directly with the newly crowned konohiki for Niihau to get what the Robinson's want.

This is all very clever, but some of the people involved in creating this legislation need to take a good long look into their souls and wake up.  What is worse is to be using others and the law to take things away while pretending to "protect" people and resources.  I would not want this on my own conscience.

State Senators

State Represenetaivers 
Representative Dee Morikawa
House District 16
Hawaii State Capitol
Room 310
phone: 808-586-6280
fax: 808-586-6281

Representative James Tokioka
House District 15
Hawaii State Capitol
Room 322
phone: 808-586-6270
fax: 808-586-6271

Representative Derek Kawakami
House District 14
Hawaii State Capitol
Room 314
phone: 808-586-8435
fax: 808-586-8437

Senator Ron Kouchi
Senate District 8
Hawaii State Capitol
Room 206
phone: 808-586-6030
fax: 808-586-6031


Submit your testimony:
If you don't have an account with (, you can set one up easily and it is free. Click on "Register" button in the upper right-hand corner of page.

Return to HB2357 page and click on the blue "Submit Testimony" at top of page and it will take you to a page that looks like this form (for another bill):

You can fill out the information depicted in the above graphic.  Minimum, you only need to highlight the "OPPOSE" dot for SB2357, along with your acct. name and email.  If you want under "Additional Comments," you can write a few sentences or paragraphs

See also:
Ea O Ka Aina: Niihau and the US Military 2/7/14


No comments :

Post a Comment