SB2914

Report Title:

Caves: Prohibitions

 

Description:

Prohibits activities in caves; restricts access; sets penalties.

THE SENATE	S.B. NO.	2914
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to caves.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the department of land and natural resources convened the Hawai`i caves task force in response to Senate Concurrent Resolution No. 85, H.D.1, entitled, "Senate Concurrent Resolution Requesting the Department of Land and Natural Resources to Establish a Task Force to Gather Public Input and Recommend Statutory Cave Law".

The legislature further finds that the task force met as a whole and in subcommittees to discuss specific issues relating to caves, and held two series of public meetings throughout the State to provide the public with information relating to the activities of the task force and to gather public information on caves. In addition, the task force considered the information provided in an attorney general's opinion on caves in Hawaii, existing cave laws in other states, as well as the federal caves protection law.

The legislature further finds that as a result of the first round of public meetings, proposed language for possible legislation was drafted, posted on the historic preservation division's website, and also mailed to the people who attended the initial round of public meetings. A second round of public meetings was held to gather public comments on the draft language.

While no opposition was expressed with regard to the concept of protecting caves and cave life from human degradation through pollution and vandalism, many issues were raised regarding the proposed means of protection. As a result, the legislature is concerned that the language proposed through the well-intended efforts of the task force is unequal to addressing the many and varied problems remaining.

The purposes of this Act are to prohibit activities in caves, to limit access, and to set penalties.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

cave protection

§   -1 Prohibitions. It shall be unlawful for any person, natural or corporate, to:

(1) Intentionally or negligently break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or the cave resources, within or without, whether attached or broken, including speleothems, speleogens, and sedimentary deposits;

(2) Break, force, or tamper with or otherwise disturb a gate to any cave;

(3) Remove, deface, or tamper with in any manner a sign stating prohibitions for a cave, cave resource, or cave area or proximity;

(4) Take, appropriate, excavate, injure, destroy, or alter any paleontological deposit;

(5) Store, dump, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, litter, or toxic substances in any cave, or cave entrance. Any cesspool or leach field that is existing on the effective date of this chapter, and otherwise legal, shall continue as a non-conforming use or facility; provided that the non-conforming use or facility shall not be expanded or reconstructed;

(6) Burn within a cave, or cave entrance, any material that produces any smoke, engine exhaust, gases, toxic substances or vapors, whether or not visible or undetectable by smell; or

(7) Move, remove, break, detach, disassemble, uncover, or alter in any way any item, including but not limited to, bone or bone splinters, cloth or fabric remnants, wood or sections of wood, plant or plant products, stones, stone implements or parts of stone implements, drawings on stone, remnants of articles or substances used in Hawaiian cultural practices.

§   -2 Access; limitations; prohibitions. (a) Access to a cave or cave entrance shall be limited to the native family associated with the cave, the caretaker designated by the native family, or the native group designated by the associated native family.

(b) Except as provided in subsection (a), access or entry to or into a cave or cave entrance, exploration of a cave area, close proximity to a cave, or cave area discovery, inadvertent or otherwise, is prohibited for any purposes, commercial or otherwise.

§   -3 Penalties. A violation of any provision of this chapter shall be punishable by a fine of not less than $10,000 and not more than $250,000, per violation."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________