43 



enabling the Hawaiians to participate in managing and developing the offshore fish- 

 eries. 



Other Native Americans have made great strides in regaining their fishery re- 

 sources. The Indians in the State of Washington have rights to a substantial per- 

 centage of the salmon in the Columbia River and its tributaries, and the Indians 

 in the Puget Sound area have just received a right to 50% of the shellfish in that 

 productive area. Similarly, the Maori in Aotearoa (New Zealand) have been given 

 ownership of the major commercial fishery operations in recognition of their justi- 

 fied claims to the offshore resources. The Native Hawaiians deserve no less and this 

 bill is at least a step in the right direction. 



Prepared Statement of Scotty Bowman, Government Affairs Officer, Office 



Hawaiian Affairs 



Aloha kakahiaka Senators Inouye and Akaka. I am Scotty Bowman, Government 

 Affairs officer for the Office of Hawaiian Affairs (OHA), and I speak this morning 

 in support of passage of proposed amendments to the Magnuson Fishery Conserva- 

 tion and Management Act, referred to as the Hawaiian Community Fisheries Act. 

 OHA looks forward to your sharing our testimony with your colleagues on the Sen- 

 ate committees on Indian Affairs and Commerce, Science and Transportation. 



Although OHA does not believe fishing rights should be separated from customary 

 and traditional practices or segregated into designated areas of allowed use, we rec- 

 ognize it is very difficult today to describe fishing rights in the traditional way be- 

 cause coastline development in Hawai'i has displaced ahupua'a tenants and dis- 

 rupted Native Hawaiian fishing rights which were commonly practiced for centuries. 



During meetings with community groups on each island, OHA representatives 

 have been saddened by numerous stories relating to drastic reduction, or total de- 

 pletion, of marine resources. The examples, too numerous to list, include Lahaina 

 on Maui, Mo'omomi on Moloka'i, Miloli'i on the island of Hawai'i, and La'ie on 

 Oah'u. 



In its effort to find options for protecting Hawaiian fishing rights, OHA has 

 learned that numerous factors negatively impact traditional fishing practices. These 

 include the interaction of deep water fishing practices, an endless list of environ- 

 mental impacts and international fishing covenants. 



In view of this knowledge, OHA supported legislation introduced into the 1994 

 State Legislature which authorized the Division of Aquatic Resources of the State 

 Department of Land and Natural Resources to establish, a Subsistence Fishing Pilot 

 Demonstration Project at Kawa'aloa and Mo'omomi Bays on the island of Moloka'i. 



We believe this pilot project will serve as an important step toward expanding our 

 knowledge of the State's fishing resources in this area by: 



1. Determining where the fishing resources are located. 



2. Identifying the competitive forces which impinge on these resources. 



3. Determining how those negative and counter-productive forces can be miti- 

 gated or eliminated. 



4. Assessing the management strategies, enforcement of rules and regulations, 

 and examining funding requirements for assuring full exercise of traditional 

 fishing and marine gathering rights. 



Failure to acquire this knowledge for this area, and eventually for the entire 

 State, may extinguish, rather than expand, Native Hawaiian fishing rights. The in- 

 formation gathered from this and similar endeavors will be invaluable in formulat- 

 ing governmental policies to enhance and protect traditional fishing practices 

 throughout the entire State. 



While this legislation was being discussed during the 1994 Legislative Session, 

 representatives Trom other Hawaiian fishing communities throughout the State indi- 

 cated a keen interest in establishing similar subsistence fishing projects in the wa- 

 ters fronting their communities. 



Amending the Magnuson Fishery Conservation and Management Act by passing 

 the Hawaiian Community Fisheries Act will provide the United States with an ex- 

 cellent opportunity to preserve and protect traditional Native Hawaiian fishing 

 practices, including the management and conservation of fisheries resources, the en- 

 forcement of conservation measures and the integration of such practices with mod- 

 ern management and conservation principles vital to the well-being of Native Ha- 

 waiians. In addition, adoption of these amendments is recognition of the distinct 

 rights of Native Hawaiians to continue to use their fishery resource for subsistence, 

 economic, social, cultural and spiritual sustenance. 



Thank you for allowing us to provide testimony on this important measure. I will 

 be happy to answer any questions you may have. 



