80 



§13-260-1 



public. After finding that there is an imminent peril to 

 public health and safety, based on the presence of 

 unexploded ordnance and hazardous material on the island 

 and in the surrounding waters, the board of land and 

 natural resources and the Kaho'olawe island reserve 

 commission, pursuant to section 91-3 (b), Hawaii Revised 

 Statutes, and section 13-1-35, Hawaii Administrative 

 Rules, adopted emergency rules, effective May 6, 1994 to 

 September 6, 1994, relating to the Kaho'olawe island 

 reserve. The United States Navy has used the island as 

 a military target since 1941 and has an established 

 danger zone which includes the waters extending 

 approximately two miles from the shoreline. Access into 

 the area is restricted (32 CFR Part 763 and 33 CFR 

 §334.1340), in recognition of the substantial amount of 

 unexploded and hazardous materials present on the island 

 and in the adjacent waters. Restricted access has been 

 allowed by the Navy under the terms of the Consent Decree 

 as set forth in Aluli vs. Brown (1980) . Title X of 

 Public Law 103-139,107 STAT. 1418, 1479-1484 authorized 

 the conveyance and return of the island to the State and 

 required the U.S. Navy to remove unexploded ordnance and 

 environmentally restore the island. Accordingly, on May 

 7, 1994, the island of Kaho'olawe was conveyed to the 

 State of Hawai'i from the U.S. Navy. The imminent threat 

 to public health and safety will continue to exist until 

 the Kaho'olawe island reserve has been cleared of 

 unexploded ordnance and hazardous waste. 



§13-260-1 Kaho'olawe island reserve restricted 

 area , (a) The Kaho'olawe island reserve restricted area 

 means the entire island of Kaho'olawe and the waters of 

 the Kaho'olawe island reserve encompassing waters seaward 

 of the shoreline of Kaho'olawe island to a distance of 

 two nautical miles as shown on Exhibit "OOO", dated June 

 20, 1994, which is located at the end of this subchapter 

 and made part of this chapter. The boundaries are 

 described as follows: 



Beginning at a point at the high water mark of 

 Lae o Kealaikahiki Point; then by azimuth measured 

 clockwise from True South, 103 degrees for a 

 distance of 2.70 nautical miles to a point located 

 in the ocean waters; then 215 degrees for a 

 distance of 3.80 nautical miles; 242 degrees for a 

 distance of 6.65 nautical miles; 270 degrees for a 



260-2 



