42 



forcement will be a joint effort between the state Department of land and Natural 

 Resources and the community based members. 

 Some of the objectives of our program include: 

 — seeking funding for training and educational programs for residents to learn 

 traditional fishing practices, 



— funding for fishing and management equipment 



— scholarship funds for careers in traditional fisheries and fisheries manage- 

 ment 



— funding for research in traditional fisheries 



— establishment of natural and artificial hatcheries for stock enhancement pro- 

 grams 

 We would like to work with and receive assistance from the Federal Government 

 in our efforts as indigenous natives of Hawai'i to use traditional conservation meth- 

 ods to preserve and enhance our coastal fisheries for the economic and cultural well- 

 being of our people. 



Prepared Statement of Clayton H.W. Hee, Chairman, Office of Hawaiian 



Affairs 



Good morning, Senators Inouye and Akaka. My name is Sherry P. Broder. I am 

 the Attorney for the Trustees of the Office of Hawaiian Affairs and represent the 

 Board of Trustees in a wide variety of issues. Today, I am testifying on behalf of 

 the Chairman of the Board of Trustees, Clayton H.W. Hee. Because of the impor- 

 tance of these federal matters to the Native Hawaiians, Chairman Hee wishes to 

 offer this testimony in addition to theOffice of Hawaiian Affairs testimony given by 

 Scotty Bowman. Chairman Hee urges this Committee to enact the Hawaiian Com- 

 munity Fisheries Act. 



In this testimony, the focus is on the similarities between Native Hawaiians and 

 other Native Americans in terms of their legal Native Hawaiians are Polynesians, 

 with a rich tradition of their own. But in their relationship with the United States, 

 and in their legal status, the similarities are clear. 



Like other Native Americans, the Native Hawaiians had their own sovereign na- 

 tion and their own highly evolved and sophisticated culture prior to Western con- 

 tact. And like other Native Americans, the Native Hawaiians lost their autonomy 

 and much of their culture as a result of this contact. Through oppression and dis- 

 ease, through misunderstandings and manipulations, many Native Hawaiians lost 

 their lands, their culture, their heritage, their language, and their resources. Like 

 other Native Americans, the Native Hawaiians are now seeking to restore their sov- 

 ereign autonomy and have a justified claim to resources. As a result of the leader- 

 ship of Senators Akaka and Inouye, the United States Congress and President Clin- 

 ton recognized the justice of the Native Hawaiian claim m November 1993, when 

 the Apology Resolution was signed. 



The Hawaiian Community Fisheries Act is designed to amend the Magnuson 

 Fishery Conservation and Management Act (16 U.S.C. 1801 et set.) to make funds 

 available to "not less than three and not more than five Native Hawaiian commu- 

 nity-based fishery demonstration projects" to allow Native Hawaiians to manage 

 and develop fisheries in the waters surrounding the Hawaiian Islands. These funds 

 will be allocated to Native Hawaiian organizations that are composed primarily of 

 Native Hawaiians and are organized for the purpose of protecting and developing 

 traditional fisheries practices. 



This proposed act is an innovative and creative approach that recognizes the justi- 

 fied claim of Native Hawaiians to these ocean resources. This enactment should not 

 be viewed as a handout to Native Hawaiians, but rather as a recognition of their 

 valid claim to share in the coastal resources around Hawaii. 



The Hawaiians traditionally lived off the sea and had a close and respectful rela- 

 tionship with the creatures that inhabit the ocean. They traveled throughout the ar- 

 chipelago to fish, and carefully managed their coastal resources. The Konohiki de- 

 clared certain coastal species to be off limits during certain times of year in order 

 to ensure their continued survival. Fish ponds were built on all the islands to 

 produce more fish for food. Some of these are now being restored and used. 



The State of Hawaii has recognized that the submerged lands (and thus the re- 

 sources of the sea) are part of the "ceded lands" that were illegally acquired by the 

 United States in 1898 without the consent of or compensation to the Hawaiian peo- 



f>le. These lands are now part of the public trust that generates revenue for the Of- 

 ice of Hawaiian Affairs. The Native Hawaiians have a claim to these resources, and 

 this act would take a small but important step toward recognizing that claim and 



