Ka Wai Ola - Office of Hawaiian Affairs, Volume 12, Number 9, 1 September 1995 — Fees at Hanauma? Not for Hawaiians, OHA says [ARTICLE+ILLUSTRATION]

Fees at Hanauma? Not for Hawaiians, OHA says

by Jeff Clark The Honolulu City Council wants to charge people to go to Hanauma Bay. Fine, says OHA, but you can't charge Hawaiians. Hawaiians have access rights. The Council responded by amending Bill 78 to waive the fee for Hawaiians entering the Hanauma Bay to exercise their traditional and customary rights for subsistence, cultural and religious purposes. OHA government affairs officer Scotty Bowman testified, on behalf of Trustee A. Frenchy DeSoto, that Hawaiian rights of access for subsistence, cultural and religious purposes are among the "certain unique and inherent rights" recognized by both the state and federal sovernments.

At the Council's July 18 meeting of the Committee on Parks, Heahh and Safety, Bowman cited the American Indian Religious Freedom Act, whieh protects the

rights (including "access to sites") of native Americans and Hawaiians to practice their tradiūonal religion; and the Hawai'i State Constitution, whieh protects

"all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians. ..." So does this mean that in order for Hawaiians to enter Hanauma Bay without paying they would have to chant or pule or conduct some ancient Hawaiian ritual or ceremony? No. Critics will surely ask whether picnicking and snorkeling by Hawaiians would fit the criteria set forth in the legislation. OHA land and natural resources officer Linda Delaney has said that for Hawaiians, whose cultural and spiritual identities were traditionally inseparable from the natural environment, a visit to the oeean could certainly constitute a religious activity. DeSoto agreed. Her example is hi'uwai, or water purification - sometimes when she falls ill, she has her 'ohana take her down to the seashore for an immersion that is supposed to cleanse spiritually, and thereby, physically.

At Vole a n o e s Nalional Park on the island of Hawai'i, the Nalionai Park Service conforms to the Ameriean Indian ReIigious Freedom Act via a practice w h e r e b y rangers permit free access to anyone who says they are Ha waiian and that they want to enter

the park for religious, ceremonial, cultural or other customary purposes. (DeSoto said that when $he visits Pele, she tells the rangers she's there to present ho'okupu, and they let her pass.) Bowman said it would be simple for the City and County to adopt the same policy, and that it wouldn't be unreasonable to require Hawaiians to verify their ancestry by showing a birth certificate. Half of the money collected in fees would be put in a fund for the operation, maintenance and improvement of Hanauma Bay. As it stands now, tourists must pay $5 to go to Hanauma Bay. Bill 78 would have tourists pay $5 and residents pay $1. Residents would also be able to buy a one-year pass for $3. The original bill, submitted by Mayor Jeremy Harris' administration, imposed a fee for visitors in order to cut down on the amount of people visiting the site and to raise revenue. In contrast to Bill 78, whieh was introduced by

Councilman Muli Hanneman with support from councilmembers John Henry Felix and Rene Mansho, the law now in plaee calls for 100 percent of the money collected to go into the general fund, with none earmarked for mainlenanee of Hanauma. As Ka Waī Ola O OHA went to press, the bill was headed for the CounciFs budget and finance committee, where it was scheduled for a third reading. "We'a' hoping to plant the seed for the country councils that we should not be encouraging the taking away of the rights of the native Hawaiians to practice their religion," DeSoto said.

OHA and the Honolulu City Council agree that Hawaiians should be able to go to Hanauma Bay without paying. Photo byJeffClark