Bill Text: HI HR122 | 2024 | Regular Session | Amended


Bill Title: Requesting The State To Adopt A Policy To Promote A Net Gain In Wetlands And Encouraging Actions To Control The Invasive Axis Deer Population On Maui.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-01 - Report adopted. referred to the committee(s) on FIN as amended in HD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Belatti, Gates, Quinlan excused (3). [HR122 Detail]

Download: Hawaii-2024-HR122-Amended.html

HOUSE OF REPRESENTATIVES

H.R. NO.

122

THIRTY-SECOND LEGISLATURE, 2024

H.D. 1

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

REQUESTING THE STATE TO ADOPT A POLICY TO PROMOTE A NET GAIN IN WETLANDS AND ENCOURAGING ACTIONS TO CONTROL THE INVASIVE AXIS DEER POPULATION ON MAUI.

 

 

 


                WHEREAS, South Maui has been hit by five major floods causing significant damage and two once-in-a-century floods in the last three years in part due to the degradation of Kīhei's historical wetlands; and

 

                WHEREAS, these floods put citizens' lives directly at risk by closing roads and access to and by emergency medical personnel and aid; and

 

                WHEREAS, these floods also put emergency responders' lives directly at risk, leading to tragedies, including the death of Maui County firefighter Tre' Evans-Dumaran in 2023 while he responded to flood-related emergencies; and

 

                WHEREAS, Kīhei is a critical revenue-generating area that needs protection; and

 

                WHEREAS, greening efforts to reduce flooding are effective at making greenbelts for fire mitigation; and

 

                WHEREAS, wildfires and flooding can both be prevented by greening the area surrounding Kīhei, reducing plant destruction by deer and providing recycled R1 water to grow mosses and plants that prevent erosion and act as firebreaks; and

 

                WHEREAS, these measures in conjunction with retention ponds can reduce flooding and wildfire risk, effectively saving lives, property, and generating revenue; and

 

                WHEREAS, Hawaii's surface water quality standards apply to wetlands:

 

     (1)  Hawaii's State Water Code defines "water" or "waters of the State" as "any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground";

 

     (2)  Hawaii's State Water Code explicitly protects wetlands as part of stream systems; and

 

     (3)  It is the policy of the County of Maui that wetlands be restored or protected beyond what is required by the Clean Water Act, Coastal Zone Management Act, or any other law, and all discretionary permits issued by the County must be consistent with this policy; and

 

                WHEREAS, anchialine pools have unique and often rare ecosystems and species, several of which are in South Maui; and

 

                WHEREAS, without protections, anchialine pools and other wetlands may be at risk for development or degraded habitat, and it is financially prudent to protect and prevent degraded wetlands because, due to the State's stringent land use laws, it is incredibly difficult and cost-prohibitive to maintain or restore degraded wetlands; and

 

                WHEREAS, the boundaries of wetlands are determined by the presence of two or more of the three wetland indicators (hydrophytic vegetation, the presence of hydric soils, and evidence of hydrology) listed in the 1987 United States Army Corps of Engineers Wetland Delineation Manual and the 2012 Regional Supplement to the Corps of Engineers Wetland Delineation Manual:  Hawaii and Pacific Islands Region; and

 

                WHEREAS, much of Kīhei has all three of the aforementioned wetland indicators; and

 

                WHEREAS, Kīhei's wetlands directly receive stream, storm, and urban runoff, and these wetlands act as a necessary filter before this water reaches the ocean; without such filtering, high levels of sediments damage coral reefs, aquatic life, and recreational usage; and

 

                WHEREAS, restoration and net gain of wetlands enhance wildfire and drought resilience, reduce the magnitude of flooding events, and provide valuable habitat for a variety of flora and fauna, all of which are of vital importance to Maui; and

 

                WHEREAS, fire and flooding in Maui are further exacerbated by the invasive axis deer population over-grazing native plants; and

 

                WHEREAS, compared to native plants, invasive forest plants tend to be more fire-prone, do not absorb as much water, and are less likely to latch onto the soil, causing higher flooding and fire risk; now, therefore,

 

                BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the State is requested to adopt a policy to promote a net gain in wetlands; and

 

                BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is requested to adopt a policy to protect and restore anchialine pools; and

 

                BE IT FURTHER RESOLVED that there should be substantial funding to mitigate fire and flood risk in South Maui; and

 

                BE IT FURTHER RESOLVED that Kīhei wetlands should be prioritized over development concerns where feasible; and

 

                BE IT FURTHER RESOLVED that funds should be prioritized for purchasing land parcels solely for restoration and habitat protection purposes; and

 

                BE IT FURTHER RESOLVED that the replanting of native plants that are vital to preventing flooding and fire disasters should be prioritized on Maui, and should be done so in areas and ways so that they are protected from imminent destruction by axis deer and other hazards, particularly around streambanks and wetland banks to prevent erosion and purify water; and

 

                BE IT FURTHER RESOLVED that further measures should be taken to control the invasive axis deer population in Maui, including furthering current fencing and ungulate control efforts and hunting incentives; and

 

                BE IT FURTHER RESOLVED that to further axis deer hunting incentives and to better feed Maui and all of Hawaii, the County of Maui, Department of Land and Natural Resources, Department of Agriculture, and State of Hawaii are requested to engage in proactive efforts to make United States Department of Agriculture inspections and United States Department of Agriculture butchers more accessible, feasible, and affordable for hunters to utilize in order to sell venison; and

 

                BE IT FURTHER RESOLVED that these efforts by the County of Maui, Department of Land and Natural Resources, Department of Agriculture, and State of Hawaii are requested to aim to model other state programs that process meat and distribute it to the community, such as Pennsylvania's Hunters Sharing the Harvest program, which donates over one hundred thousand pounds of venison to over five thousand food banks by allowing hunters to bring a kill to any one of a network of deer processors who put venison into the food bank system; and

 

                BE IT FURTHER RESOLVED that the lands available for hunting axis deer on Maui should be expanded where possible; private owners should continue to be incentivized to allow axis deer hunts on private lands through programs such as the Department of Land and Natural Resources' Landowner Incentive Program, and fiscal support for such programs should be prioritized; and

 

                BE IT FURTHER RESOLVED that Mesonet and Commission on Water Resource Management hydrologic data services are of utmost importance to track, understand, and predict fires and flooding on Maui and throughout Hawaii, and should continue to be funded and supported so disastrous events can be anticipated, mitigated, and planned for when unavoidable; and

 

                BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, Director of Health, Chairperson of the Board of Agriculture, Mayor of Maui County, all members of the Maui County Council, and Director of the Department of Public Works of Maui County.

Report Title: 

Fire and Flood Mitigation; Policy for Net Gain in Wetlands

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