A state Senate bill has stirred mixed views on how making Niihau a county would affect the privately owned island and the state.
The committees on Public Safety, Intergovernmental and Military Affairs, Water and Land, and Ways and Means voted Tuesday to recommend passage of Senate Bill 3003. The measure would make Niihau a county under the jurisdiction and control of the Department of Land and Natural Resources.
Powers and duties on Niihau relating to taxation of real property would be administered by Kauai County, according to the bill. Niihau is part of Kauai County.
Amendments proposed Tuesday include creating a five-member task force that would explore the issue.
The task force would be attached to the DLNR for administrative purposes and would comprise a governor’s appointee, Kauai County appointee and three residents of Niihau selected by the island’s owners, the Robinsons. The task force would report its findings to the Legislature in the next session.
The effective date of the bill was amended to July 1, 2020, from July 1, 2016, to provide ample time to vet the proposal.
Sen. Will Espero, chairman of the Public Safety Committee, said mixed opinions were raised in the Senate on the issue of creating a new county for Niihau.
"This is a work in progress," he said. "Creating a new county is a major task in itself."
Espero (D, Ewa Beach-Iroquois Point) proposed establishing the task force in response to island co-owner Keith Robinson, who has requested the measure as well as other bills relating to Niihau be deferred.
During testimony Feb. 14 on the bill, Robinson said concerns raised in November by Niihau residents about the depletion of the fish supply in nearshore waters spurred the introduction of several bills. "Most unfortunately, these bills have been introduced so suddenly and recently that neither Niihau’s residents nor its owners have had adequate time to study and consider them," he said.
DLNR Deputy Director Esther Kia‘aina said the department welcomes further discussion with stakeholders on whether the issue should move forward.
"Substantively, we are concerned about any financial burden that the designation of Niihau County under DLNR’s purview would have to the department," she said. "Our priority is on addressing the natural resources management issue that has been raised by the Niihauan community.
"As such, any funding should be directed at increased enforcement of future management activities," Kia‘aina said. "For example, doing an assessment of Niihau waters is something that we’ve been pushing. That’s where we see a need."
Kauai Mayor Bernard Carvalho Jr. said community discussion is a step in the right direction. His preference would be to ask that DLNR and Kauai County lead a series of community discussions without putting a limit on the number of stakeholders.
Sen. Sam Slom, who voted in support of the measure with reservations, said establishing Niihau as a county would create a burden for taxpayers. It would lead to a new mayor, administration, County Council and appropriations for the island.
"That’s inappropriate for Niihau. I certainly would vote to support their independence," said Slom. "They are unique in the state of Hawaii and in the United States."