HCR 128: REAFFIRMING THE STATE'S OBLIGATION TO UPHOLD THE CONSTITUTIONAL RIGHTS OF ITS PEOPLE BY RECOGNIZING THE CRITICAL ROLE OF FRESHWATER IN MAINTAINING HEALTHY NEARSHORE MARINE ECOSYSTEMS.

HOUSE CONCURRENT

RESOLUTION

REAFFIRMING THE STATE'S OBLIGATION TO UPHOLD THE CONSTITUTIONAL RIGHTS OF ITS PEOPLE BY RECOGNIZING THE CRITICAL ROLE OF FRESHWATER IN MAINTAINING HEALTHY NEARSHORE MARINE ECOSYSTEMS.

     WHEREAS, Hawaii is renowned for its pristine beaches, vibrant coral reefs, and diverse marine ecosystems; and

     WHEREAS, these nearshore marine habitats provide essential ecosystem services, including food security, coastal protection, recreational opportunities, and economic functions; and

     WHEREAS, freshwater entering the ocean from rivers, streams, springs, and groundwater is vital to the health and productivity of nearshore marine ecosystems, influencing water quality, nutrient cycling, and habitat suitability for marine organisms; and

     WHEREAS, freshwater in the nearshore marine ecosystem plays a critical role in the health and abundance of native limu (algae and seaweed), which serve key ecological functions, including preventing erosion and coral breakage, creating oxygen, producing sand, serving as food and shelter for marine animals, mitigating global warming through carbon sequestration, and acting as the base of the food web on which fisheries and traditional and customary Native Hawaiian practices rely; and

     WHEREAS, amphidromous species, such as the Hawaiian endemic and indigenous goby fish ʻoʻopu nākea (Awaous guamensis), ʻoʻopu ʻalamoʻo (Lentipes concolor), ʻoʻopu naniha (Stenogobius hawaiiensis), ʻoʻopu nopili (Sicyopterus stimpsoni), and ʻoʻopu akupa (Eleotris sandwicensis), as well as the Hawaiian endemic prawn ʻōpae ʻoeahaʻa (Macrobrachium grandimanus), Hawaiian endemic shrimp ʻōpae kalaʻole (Atyoida bisulcata), and Hawaiian endemic mollusks hīhīwai (Neritina granosa) and hapawai (Neritina vespertina), rely on freshwater streams, the nearshore marine ecosystem, and the connection between the two in order to successfully complete their lifecycle; and

     WHEREAS, alterations to freshwater sources, such as excessive groundwater extraction, streamflow diversion, and pollution, adversely affect nearshore marine habitats, leading to coral bleaching, invasive algal blooms, loss of biodiversity, and loss of Native Hawaiian cultural resources; and

     WHEREAS, providing a healthy marine ecosystem is essential to the perpetuation of traditional and customary Native Hawaiian practices that depend upon Hawaii's natural environment as the source of Native Hawaiian cultural values; and

     WHEREAS, the Hawaii Supreme Court, in Ka Paʻakai O Ka ʻĀina v. Land Use Commission, 94 Hawaii 31, 7 P.3d 1068 (2000), required state and county agencies to conduct a Ka Paʻakai analysis on matters that may impact Native Hawaiian traditional and customary rights; and

     WHEREAS, article XI, section 1, of the Hawaii State Constitution provides, "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State."; and

     WHEREAS, article XI, section 7, of the Hawaii State Constitution provides, "The State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people."; and

     WHEREAS, it is imperative to protect and restore freshwater flows to ensure the long-term health and resilience of Hawaii's nearshore marine ecosystems; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that this body reaffirms the State's obligation to uphold the constitutional rights of its people by recognizing the critical role of freshwater in maintaining healthy nearshore marine ecosystems; and

     BE IT FURTHER RESOLVED that the State and counties are strongly urged to prioritize the protection and restoration of freshwater flows to nearshore marine ecosystems by developing and implementing comprehensive water resource management plans and adopting policies that balance human needs with environmental sustainability; and

     BE IT FURTHER RESOLVED that the State and counties are requested to work with relevant stakeholders to identify and implement strategies to protect and restore freshwater flows to nearshore marine ecosystems by providing education and outreach efforts to raise awareness about the importance of freshwater to nearshore marine ecosystems within government and among the public; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Lieutenant Governor, Chairperson of the Board of Land and Natural Resources, and Mayor of each county.

Report Title: 

Freshwater; Nearshore Marine Ecosystems

HOUSE CONCURRENT

RESOLUTION

Reaffirming the State's Obligation to Uphold the Constitutional Rights of its People by recognizing the Critical Role of Freshwater in Maintaining Healthy Nearshore Marine Ecosystems.

     WHEREAS, the State is renowned for its pristine beaches, vibrant coral reefs, and diverse marine ecosystems; and

WHEREAS, these nearshore marine habitats provide essential ecosystem services, including food security, coastal protection, recreational opportunities, and economic functions; and

     WHEREAS, freshwater entering the ocean from rivers, streams, springs, and groundwater is vital to the health and productivity of nearshore marine ecosystems, influencing water quality, nutrient cycling, and habitat suitability for marine organisms; and

     WHEREAS, freshwater in the nearshore marine ecosystem plays a critical role in the health and abundance of native limu (algae and seaweed), which serve key ecological functions, including preventing erosion and coral breakage, creating oxygen, producing sand, serving as food and shelter for marine animals, mitigating global warming through carbon sequestration, and acting as the base of the food web on which fisheries and traditional and customary Native Hawaiian practices rely; and

     WHEREAS, amphidromous species, such as the native Hawaiian endemic and indigenous goby fish ʻoʻopu nākea (Awaous guamensis), ʻoʻopu ʻalamoʻo (Lentipes concolor), ʻoʻopu naniha (Stenogobius hawaiiensis), ʻoʻopu nopili (Sicyopterus stimpsoni), and ʻoʻopu akupa (Eleotris sandwicensis), as well as the native Hawaiian endemic prawn ʻōpae ʻoeahaʻa (Macrobrachium grandimanus), native Hawaiian endemic shrimp ʻōpae kalaʻole (Atyoida bisulcata), and native Hawaiian endemic mollusks hīhīwai (Neritina granosa) and hapawai (Neritina vespertina), rely on freshwater streams, the nearshore marine ecosystem, and the connection between the two in order to successfully complete their lifecycle; and

     WHEREAS, alterations to freshwater sources, such as excessive groundwater extraction, streamflow diversion, and pollution adversely affect nearshore marine habitats, leading to coral bleaching, invasive algal blooms, loss of biodiversity, and loss of Native Hawaiian cultural resources; and

     WHEREAS, providing a healthy marine ecosystem is essential to the perpetuation of traditional and customary Native Hawaiian practices that depend upon Hawaii's natural environment as the source of Native Hawaiian cultural values; and

     WHEREAS, the Hawaii Supreme Court, in Ka Paʻakai O Ka ʻĀina v. Land Use Commission, 94 Hawaii 31, 7 P.3d 1068 (2000), required state and county agencies to conduct a Ka Paʻakai analysis on matters that may impact Native Hawaiian traditional and customary rights; and

     WHEREAS, article XI, section 1, of the Hawaii State Constitution provides that: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State."; and

     WHEREAS, article XI, section 7, of the Hawaii State Constitution provides that: "The State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people."; and

     WHEREAS, it is imperative to protect and restore freshwater flows to ensure the long-term health and resilience of Hawaii's nearshore marine ecosystems; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that this body reaffirms the State's obligation to uphold the constitutional rights of its people by recognizing the critical role of freshwater in maintaining healthy nearshore marine ecosystems; and

     BE IT FURTHER RESOLVED that the State and counties are strongly urged to prioritize the protection and restoration of freshwater flows to nearshore marine ecosystems by developing and implementing comprehensive water resource management plans and adopting policies that balance human needs with environmental sustainability; and

     BE IT FURTHER RESOLVED that the State and counties are requested to work with relevant stakeholders to identify and implement strategies to protect and restore freshwater flows to nearshore marine ecosystems by providing education and outreach efforts to raise awareness about the importance of freshwater to nearshore marine ecosystems within government and among the public; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Lieutenant Governor, Chairperson of the Board of Land and Natural Resources, and Mayor of each county.

Report Title: 

Freshwater; Nearshore Marine Ecosystems

STAND. COM. REP. NO. 1918

Honolulu, Hawaii

RE:    H.C.R. No. 128

       H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Water and Land, to which was referred H.C.R. No. 128, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REAFFIRMING THE STATE'S OBLIGATION TO UPHOLD THE CONSTITUTIONAL RIGHTS OF ITS PEOPLE BY RECOGNIZING THE CRITICAL ROLE OF FRESHWATER IN MAINTAINING HEALTHY NEARSHORE MARINE ECOSYSTEMS,"

begs leave to report as follows:

     The purpose and intent of this measure is to reaffirm the State's obligation to uphold the constitutional rights of its people by recognizing the critical role of freshwater in maintaining healthy nearshore marine ecosystems.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Sierra Club of Hawaiʻi, Mālama Pūpūkea-Waimea, Marine Advocates Collaborating for Sustainable Aquatic Life through Actions & Discipline, Kuaʻāina Ulu ʻAuamo, Maunalua Fishpond Heritage Center, and two individuals.

     Your Committee finds that freshwater in the nearshore marine ecosystem is essential to the health and abundance of the State's nearshore waters.  Your Committee further finds that certain alterations to freshwater sources damage nearshore marine habitats, causing coral bleaching, invasive algal blooms, loss of biodiversity, and loss of Native Hawaiian cultural resources.  Your Committee also finds that it is imperative to protect and restore freshwater flows to ensure the perpetuation of traditional and customary Native Hawaiian practices and long-term health and resilience of the State's nearshore marine ecosystems.  This measure will encourage the protection and restoration of freshwater flows to nearshore marine ecosystems.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 128, H.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

STAND. COM. REP. NO.  1717

Honolulu, Hawaii

                , 2025

RE:   H.C.R. No. 128

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.C.R. No. 128 entitled:

"HOUSE CONCURRENT RESOLUTION REAFFIRMING THE STATE'S OBLIGATION TO UPHOLD THE CONSTITUTIONAL RIGHTS OF ITS PEOPLE BY RECOGNIZING THE CRITICAL ROLE OF FRESHWATER IN MAINTAINING HEALTHY NEARSHORE MARINE ECOSYSTEMS,"

begs leave to report as follows:

     The purpose of this measure is to reaffirm the State's obligation to uphold the constitutional rights of its people by recognizing the critical role of freshwater in maintaining healthy nearshore marine ecosystems.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawaii Reef and Ocean Coalition; Kūpeke Ahupua‘a; Ka Pa‘akai Consulting; Mālama Pūpūkea-Waimea; Environmental Caucus of the Democratic Party of Hawai‘i; Kua‘āina Ulu ‘Auamo; and four individuals.

     Your Committee finds that the State's nearshore ecosystems provide significant economic, environmental, and recreational benefits.  Your Committee further finds that freshwater from streams and groundwater that discharges into the ocean play a vital role in the health of the State's nearshore marine ecosystems and are critical to the health and abundance of native limu, which provides key ecological functions and serves as the base on which fisheries and traditional and customary Native Hawaiian practices rely.  This measure affirms the State's obligations to the people of Hawaii by recognizing the importance of freshwater to marine ecosystems to the State's nearshore marine ecosystems and encourages state and county departments and agencies to prioritize the protection and restoration of freshwater flows to nearshore marine ecosystems.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 128, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 128, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Water & Land,