Notes
Haw. Code R.
tit. 13, subtit. 12, ch.
261
Act 340, SLH
1993, established the Kaho'olawe island reserve, by adding chapter 6K to the
Hawaii Revise Statutes. The legislature found that the island of Kaho'olawe is
of significant cultural and historical importance to the native people of
Hawaii. Chapter 6K, HRS further provides for the transfer of the island reserve
to the sovereign native Hawaiian entity upon its recognition by the United
States and the State of Hawaii. Commercial uses are strictly prohibited. The
reserve is to be used solely and exclusively for the preservation and practice
of all rights customarily and traditionally exercised by native Hawaiians for
cultural, spiritual, and subsistence purposes; preservation and protection of
its archaeological, historical, and environmental resources; rehabilitation,
revegetation, habitat restoration, and preservation; education; and fishing
that is consistent with the purpose of the law and which takes into
consideration the health and safety of the general public. The United States
and its allies used the island and surrounding waters as a military target from
1941 to 1990. In recognition of the substantial amount of unexploded ordnance
and hazardous materials present on the island and in the adjacent waters,
institutional controls are required because of the imminent threat to public
health and safety which will continue to exist until the Kaho'olawe island
reserve has been cleared of unexploded ordnance and hazardous
waste.
