Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 8, 1 August 2010 — NEW LAW PROTECTS FISHPONDS [ARTICLE+ILLUSTRATION]

NEW LAW PROTECTS FISHPONDS

By Chris Cramer The unanimous passage of HB 1665 is a clear mandate from the people of Hawai'i to protect our fishponds. It prohibits the State Land Board from selling government-owned Hawaiian fishponds. UNANIMOUS ! In an age of disagreement, we never hear that word. Throughout the hearings, not one testimony opposed the need to keep our fishponds. Nobody wanted another Menehune Fishpond situation. That ancient treasure is slowly dying from silt and mangrove after a private party marketed it for millions and nobody could afford it. HB 1665 gained urgency when news spread of the State Department of Transportation plan to auction two of Honolulu's three remaining shoreline fishponds. Kalauha'iha'i Fishpond and the state's interest in Kānewai Fishpond were planned for sale to the highest bidder. Like most fishponds, they are spring fed. The precedent of selling these water sources during a drought was disturbing. Fortunately, on July 7, Act 210 heeame law without Gov. Linda Lingle's signature. Does this mean students no longer have to peek fromoutside the fence to learn about Kalauha'iha'i and Kānewai fishponds? The answer is not yet. Lingle has issued a statement of eoneem regarding the fishpond bill. Here is an excerpt from her statement: "Under current law (17 1-52 HRS) land acquired by condemnation that is in excess of the needs for whieh condemned, may be disposed of by the Board of Land and Natural Resources. This bill would prevent the Department of Transportation from asking the Board to dispose of two parcels that contain fishponds even though they were acquired by condemnation and are excess to the Department's needs. "While I understand the cultural and eeonomie significance of preserving existing Hawaiian fishponds, I am concerned this bill will require the Department of Transportation to continue to maintain these properties when it has limited SEE FISHP0NDS ON PAGE 27

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resources to do so. "The Department of Transportation has not been successful in convincing other government agencies to assume responsibility for these fishponds whieh require considerable maintenance." Fishponds are nothing to fear. They have fed Hawai'i for centuries. Nonprofits that restore fishponds are flooded with requests from volunteers wishing to help maintain them. We have seen fishponds unite entire communities around Hawaiian values and centuries of knowledge. In addition to fish, ponds like Waikalua Loko are labs for students to strengthen math and science skills. New careers are also sparked as astronomy, botany and marine biology heeome excitingly relevant. As our state leader, Lingle is in a key role to fulfill the people's mandate. Her leadership is critical to identify an agency under her charge that ean relieve the DOT of its unwanted fishponds. The law

allows a transfer of the East Honolulu fishponds at less than "fair market value" to a governmental agency for "social, conservation or related purposes." Three steps are holding back the East Honolulu fishponds from the eommunity organizations pressing to revitalize them. Lingle ean help with all of them. The first two require a puhlie interest determination from the Federal Highway Administration and Land Board

approval. Lastly, Lingle ean officially set aside the fishponds for protection with a state agency holding title. Ancient Hawaiian fishponds clearly are in the puhlie interest to perpetuate. It's time to cuttheredtape! ■ Chris Cramer is President ofthe East Honoīuīu-based nonprofit Maunaīua Fishpond Heritage Center, online at maunaluafishpondheritage.com.

A new state law prohibits the state from selling publie lands housing governmentowned Hawaiian fishponds, including Kalauha'iha'i Fishpond in East O'ahu, pictured. - Photo: Courtesyof Chris Cramer