Government-owned Hawaiian fishponds; sale prohibition
HRS §171-28
in effect171-28. Government-owned Hawaiian fishponds; sale prohibition
(a) The board may investigate and develop scientific commercial management practices for government-owned Hawaiian fishponds and reconstruct, rehabilitate, improve, and stock the fishponds; and expend moneys from the special land and development fund. All revenues derived from any government-owned Hawaiian fishpond shall be deposited in the fund.
(b) The board may lease government-owned
Hawaiian fishponds with legislative authorization as provided under section
171-53(c); provided that in lieu of legislative authorization, the board may
lease fishponds if:
(1) A public hearing is conducted on the proposed
lease on the island where the fishpond is located;
(2) The board finds that the proposed lease does not
cause a substantial adverse environmental or ecological impact on the fishpond
or surrounding area; and
(3) The proposed lease is not in violation of
applicable federal, state, or county laws.
(c) For lease of a government-owned Hawaiian
fishpond, the board shall find:
(1) That the applicant has provided a management plan
demonstrating the use and knowledge of traditional native Hawaiian practices
and protocols as the primary component of the applicant's tenancy, including
kilo, kia`i loko, and uhau humu pōhaku (for rock walled fishponds); and
(2) The proposed lease does not cause a substantial
adverse environmental or ecological impact on the fishpond or surrounding
areas.
(d) Any law to the contrary notwithstanding,
the board may not sell the fee interest in public lands on which
government-owned Hawaiian fishponds are located.
[L 1962, c 32, pt of §2; Supp,
§103A-28; HRS §171-28; am L 1994, c 69, §1; am L 2010, c 210, §1; am L 2024, c
124, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0171/HRS_0171-0028.htmFetched: 11/10/2026