Chapter 6K

Kaho‘olawe Island Reserve

CHAPTER 6K

KAHO‘OLAWE ISLAND RESERVE

Section

6K-1 Administration of chapter

6K-2 Definitions

6K-3 Reservation of uses

6K-4 Powers and duties

6K-4.5 Procurement; exemptions

6K-5 Commission

6K-6 Responsibilities and duties of the commission

6K-7 Fishing

6K-8 Penalty

6K-8.5 General administrative penalties

6K-8.6 Administrative violation system

6K-9 Transfer

6K-9.5 Kaho‘olawe rehabilitation trust fund

6K-10 Severability

Note

L 2014, c 218, §8 purports to amend this chapter.

Commission to submit a financial self-sufficiency and sustainability plan to 2017 legislature. L 2016, c 72, §2.

Cross References

Conclusive presumptions; unexploded ordnance on Kaho‘olawe and in the ocean adjacent to Kaho‘olawe, see §662-18.

Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.

Case Notes

Administrative rules pertaining to entrance into the Kaho‘olawe island reserve did not: (1) abridge defendants’ constitutional right to engage in traditional and customary Hawaiian practices; or (2) unconstitutionally burden defendants’ right to practice their religion. 132 H. 36, 319 P.3d 1044 (2014).

Complaints filed by the State against defendants for the offense of entrance into the Kaho‘olawe island reserve dismissed without prejudice because the complaints did not allege the requisite state of mind of intentionally, knowingly, or recklessly. 132 H. 36, 319 P.3d 1044 (2014).

Where the defendants’ purpose was to claim and manage, control, and subsequently occupy Kaho‘olawe, the defendants’ intent to communicate through their presence on Kaho‘olawe could not be deemed “speech” for purposes of the First Amendment freedom of speech protections. 132 H. 36, 319 P.3d 1044 (2014).