Ka Wai Ola - Office of Hawaiian Affairs, Volume 8, Number 7, 1 July 1991 — Riviera Resort approved ; Paʻa Pono objects [ARTICLE]

Riviera Resort approved ; Paʻa Pono objects

Over the strenuous opposition of Miloli'i fishermen and the Office of State Planning, the state Land Use Commission has approved the developer's request for a proposed $900 million Hawaiian Riviera Resort. The May 14 vote approved the reclassification of 732 acres of conservation land and 440 acres of agricultural land to urban use along the South Kona coastline. The project is located 16 miles from the traditional Hawaiian fishing village of Miloli'i. Commissioner Alan Kajioka was the only dissenting commissioner in the 6-1 vote. The approval by the Land Use Commission (LUC) caused even conservative newspaper commentator A. A. "Bud" Smyser to characterize the LUC action as " . . . one of the most flagrant flauntings of eommon sense in its 30-year history," according to a Honolulu Star Bulletin report. The proposed development would result in two major luxury hotels totaling 950 rooms, set around an initial 200-slip marina. The marina would be sized to accommodate up to 400 slips. The project would also involve a regional private airport, two golf courses, tennis facilities, condominiums and other facilities. Native Hawaiian Legal Corp. attorneys Paul Nahoa Lucas and Alan Murakami represented Pa'a Pono Miloli'i, a community organization opposing the massive resort. The Office of Hawaiian Affairs provided partial funding to support this intervention, recognizing the severe impacts that face Miloli'i, the last surviving fishing village in Hawaii outside of Ni'ihau. Fewer than 200 adults still regularly reside in Miloli'i. Nevertheless, over 30 percent still rely on fishing largely to supplement their diets and limited incomes. In a survey taken of the village, over 95 percent of the residents surveyed opposed the resort because of the massive impacts it would have on the area. Pa'a Pono was particularly alarmed that the project marina would harbor 200-400 commercial and recreational boats close to Miloli'i waters, one of the best offshore fisheries remaining in the state of Hawai'i. The destruction of Hawaiian culture Environmental planning expert John Harrison of the University of Hawaii Environmental Center, testified during hearings that wind conditions off the project shoreline would eompel boaters from the proposed manna to head straight up the coast to Miloli'i. Another expert, marine scientist Richard Brock, testified the potential fishing pressure would likely upset the delicate ecological halanee maintained by Miloli'i fishermen for centuries. He affirmed that the fisheries off Miloli'i to the Punalu'u area were probably one of the best remaining offshore fisheries left in Hawai'i, where overfishing has had a dr \stic effect on many fish stocks. Jon Matsuoka of the U school of social work, testified that this disruption to the ecology of the fisheries could effectively destroy the community and Hawaiian culture of Miloli'i. Miloli'i residents Shirley Casuga, Louis Paulo and Willie Kaupiko all told the Land Use Commission of the conflicts that already exist with boaters who venture in the area from Kailua-Kona, 50 miles away. In one instance, a large fishing boat harassed Casuga as she fished with her elderly father, nearly swamping her 15-foot skiff. Kaupiko testified that he relies on catching opelu (a mackerel scad), utilizing a centuries-old Hawaiian hoop net technique. This technique depends on the ability of the fisherman to see through clear water, as he attracts the opelu into a waiting hoop net with the use of vegetable ehum. Predator fish that would scare away the opelu is

not attracted to the same bait. A state statute currently bars the use of meat or blood ehum by fishermen in the waters off Miloli'i, to keep predator fish from being attracted to the area and scaring off opelu. Nevertheless, laek of resources prevents effective enforcement by the State Department of Land and Natural Resources and Kaupiko, who relies on his catches of opelu, must constantly fend off attempts by other fishermen to use blood ehum in Miloli'i waters. The Hawaiian Riviera Resort development is projected to generate several thbusand jobs. However, with a shortage of available labor, this employment generator is expected to lead to inmigration of twice as many workers from other parts of the state and the mainland to fill those jobs as would eome from the surrounding loeal communities. By 1998, the developer projects the population of Ka'u will double as a result of this growth. Pa'a Pono witnesses questioned the wisdom of building a resort to provide jobs primarily to outsiders. Along with the Office of State Planning (OSP), it also objected to allowing growth in such an isolated area. Approval would mean taxpayers pay for the additional facilities and improvements to infrastructure servicing the resort and its support communities. Hazards and inadequate infrastructure Additionally, public facilities are inadequate to service the proposed project. The state Department of Transportation estimated the project would require safety improvements to highways totalling $113 million. The Department of Education also noted there were insufficient school facilities to accommodate the new populahon growth, while the utility company ■ said it would have to build a new electrical generation plant to service the new facilities. Finally, volcanologists presented by the OSP testified that the project site was in the path of Mauna Loa's frequent eruptions. In fact, the location is rated as one of the most hazardous areas on the Big Island, where lava inundation could occur in less than 24 hours, depending on the location of the eruption site. In recognition of these hazards, the federal government refuses to issue insurance policies on homes constructed in the area. Conditions for approval Recognizing the problems cited, the LUC' imposed three specific conditions, among others, on the developer before the reclassification becomes effective: 1) Prior to submitting applications for rezoning or special management area permits, the developer must submit a specific plan "to address environmental concerns regarding the

development of the proposed manna or water feature, and the concerns of the residents and fishermen of Miloli'i as to the impacts of the marina or water feature on their lifestyle and eeonomie well-being." 2) The developer must demonstrate financial commitments to show their ability to proceed with the project. 3) The developer must give the LUC advance notice of any plans to sell off a controlling interest in the project. The LUC must hold further hearings in response to Pa'a Pono's intervention if and when the developer seeks commission approval of these conditions. Accordingly, it appears that more hearings are in store for the Miloli'i people struggling to preserve their ancient way of life. This project presented one of the strongest cases for rejecting a developer's application before the LUC. Certainly, the case for preserving a fragile culture clinging to ancient Hawaiian fishing practices could not be better made. The strong evidence against allowing this development to proceed was one of the clearest instances for denying an application for redistricting before the LUC. Pa'a Pono expresses gratitude to OHA for the support it could give it in this monumental struggle to preserve what is left of Hawaiian culture in Miloli'i as more growth pressures cascade on the Kona coast. Pa'a Pono is reviewing the LUC decision to decide whether it will appeal.

'Opelu fishing . . . it'sveryspiritualstyleof fishing. That enters me a lot . . . From upbringing and from handed down, the parents and the families and the people there, they have a traditional way of training the type of fish, you know, where people highly respect it. And they have kinda kept up that management related to the tradition and way, so they ean prolong the cycling of the fish, be there all the time . . . Tuna comes certain time. But 'opelu fishing, it has to be more family oriented, related to that type of fish where got to understand the ground leam the currents. Willie Kaupiko. Miloli'i fisherman testifying before the State Land Use Commission on the Hawaiian Riuiera Resort proposal.

I think the upbringing we had there, living that type of lifestyle, and 1 hope the next generation, we ean continue to upkeep that tradition not to rake the oeean, take for what you need ... I totally opposed to that (marina), my main reason is that where is this all going to end one day? How mueh? We are raking the land, we are raking the oeean . . . We got to see that the rest of these islands is already getting totally destroyed. If we find areas like Miloli'i or Honaunau or Ho'okena, the people there are related to that kind of culture, I think we should take a high degree and respect those people that are living in that kind of culture. lt's very important for everybody. Willie Kaupiko, Miloli'i fisherman.

Native Hawaiian Legal Corporation N H L C Report

(This eolumn is open to all OHA Trustees as a vehicle for them to express their mana'o. Opinions expressed are those of the individual Trustees and do not necessarily represent the official position of the OHA Board of Trustees.)