HOUSE OF REPRESENTATIVES H.C.R. NO. 128 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII HOUSE CONCURRENT RESOLUTION Reaffirming the State's Obligation to Uphold the Constitutional Rights of its People by recognizing the Critical Role of Freshwater in Maintaining Healthy Nearshore Marine Ecosystems. HOUSE OF REPRESENTATIVES H.C.R. NO. 128 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII HOUSE OF REPRESENTATIVES H.C.R. NO. 128 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII HOUSE CONCURRENT RESOLUTION Reaffirming the State's Obligation to Uphold the Constitutional Rights of its People by recognizing the Critical Role of Freshwater in Maintaining Healthy Nearshore Marine Ecosystems. WHEREAS, the State is renowned for its pristine beaches, vibrant coral reefs, and diverse marine ecosystems; and WHEREAS, these nearshore marine habitats provide essential ecosystem services, including food security, coastal protection, recreational opportunities, and economic functions; and WHEREAS, freshwater entering the ocean from rivers, streams, springs, and groundwater is vital to the health and productivity of nearshore marine ecosystems, influencing water quality, nutrient cycling, and habitat suitability for marine organisms; and WHEREAS, freshwater in the nearshore marine ecosystem plays a critical role in the health and abundance of native limu (algae and seaweed), which serve key ecological functions, including preventing erosion and coral breakage, creating oxygen, producing sand, serving as food and shelter for marine animals, mitigating global warming through carbon sequestration, and acting as the base of the food web on which fisheries and traditional and customary Native Hawaiian practices rely; and WHEREAS, amphidromous species, such as the native Hawaiian endemic and indigenous goby fish ʻoʻopu nākea (Awaous guamensis), ʻoʻopu ʻalamoʻo (Lentipes concolor), ʻoʻopu naniha (Stenogobius hawaiiensis), ʻoʻopu nopili (Sicyopterus stimpsoni), and ʻoʻopu akupa (Eleotris sandwicensis), as well as the native Hawaiian endemic prawn ʻōpae ʻoeahaʻa (Macrobrachium grandimanus), native Hawaiian endemic shrimp ʻōpae kalaʻole (Atyoida bisulcata), and native Hawaiian endemic mollusks hīhīwai (Neritina granosa) and hapawai (Neritina vespertina), rely on freshwater streams, the nearshore marine ecosystem, and the connection between the two in order to successfully complete their lifecycle; and WHEREAS, alterations to freshwater sources, such as excessive groundwater extraction, streamflow diversion, and pollution adversely affect nearshore marine habitats, leading to coral bleaching, invasive algal blooms, loss of biodiversity, and loss of Native Hawaiian cultural resources; and WHEREAS, providing a healthy marine ecosystem is essential to the perpetuation of traditional and customary Native Hawaiian practices that depend upon Hawaii's natural environment as the source of Native Hawaiian cultural values; and WHEREAS, the Hawaii Supreme Court, in Ka Paʻakai O Ka ʻĀina v. Land Use Commission, 94 Hawaii 31, 7 P.3d 1068 (2000), required state and county agencies to conduct a Ka Paʻakai analysis on matters that may impact Native Hawaiian traditional and customary rights; and WHEREAS, article XI, section 1, of the Hawaii State Constitution provides that: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State."; and WHEREAS, article XI, section 7, of the Hawaii State Constitution provides that: "The State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people."; and WHEREAS, it is imperative to protect and restore freshwater flows to ensure the long-term health and resilience of Hawaii's nearshore marine ecosystems; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that this body reaffirms the State's obligation to uphold the constitutional rights of its people by recognizing the critical role of freshwater in maintaining healthy nearshore marine ecosystems; and BE IT FURTHER RESOLVED that the State and counties are strongly urged to prioritize the protection and restoration of freshwater flows to nearshore marine ecosystems by developing and implementing comprehensive water resource management plans and adopting policies that balance human needs with environmental sustainability; and BE IT FURTHER RESOLVED that the State and counties are requested to work with relevant stakeholders to identify and implement strategies to protect and restore freshwater flows to nearshore marine ecosystems by providing education and outreach efforts to raise awareness about the importance of freshwater to nearshore marine ecosystems within government and among the public; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Lieutenant Governor, Chairperson of the Board of Land and Natural Resources, and Mayor of each county. OFFERED BY: _____________________________ WHEREAS, the State is renowned for its pristine beaches, vibrant coral reefs, and diverse marine ecosystems; and WHEREAS, these nearshore marine habitats provide essential ecosystem services, including food security, coastal protection, recreational opportunities, and economic functions; and WHEREAS, freshwater entering the ocean from rivers, streams, springs, and groundwater is vital to the health and productivity of nearshore marine ecosystems, influencing water quality, nutrient cycling, and habitat suitability for marine organisms; and WHEREAS, freshwater in the nearshore marine ecosystem plays a critical role in the health and abundance of native limu (algae and seaweed), which serve key ecological functions, including preventing erosion and coral breakage, creating oxygen, producing sand, serving as food and shelter for marine animals, mitigating global warming through carbon sequestration, and acting as the base of the food web on which fisheries and traditional and customary Native Hawaiian practices rely; and WHEREAS, amphidromous species, such as the native Hawaiian endemic and indigenous goby fish ʻoʻopu nākea (Awaous guamensis), ʻoʻopu ʻalamoʻo (Lentipes concolor), ʻoʻopu naniha (Stenogobius hawaiiensis), ʻoʻopu nopili (Sicyopterus stimpsoni), and ʻoʻopu akupa (Eleotris sandwicensis), as well as the native Hawaiian endemic prawn ʻōpae ʻoeahaʻa (Macrobrachium grandimanus), native Hawaiian endemic shrimp ʻōpae kalaʻole (Atyoida bisulcata), and native Hawaiian endemic mollusks hīhīwai (Neritina granosa) and hapawai (Neritina vespertina), rely on freshwater streams, the nearshore marine ecosystem, and the connection between the two in order to successfully complete their lifecycle; and WHEREAS, alterations to freshwater sources, such as excessive groundwater extraction, streamflow diversion, and pollution adversely affect nearshore marine habitats, leading to coral bleaching, invasive algal blooms, loss of biodiversity, and loss of Native Hawaiian cultural resources; and WHEREAS, providing a healthy marine ecosystem is essential to the perpetuation of traditional and customary Native Hawaiian practices that depend upon Hawaii's natural environment as the source of Native Hawaiian cultural values; and WHEREAS, the Hawaii Supreme Court, in Ka Paʻakai O Ka ʻĀina v. Land Use Commission, 94 Hawaii 31, 7 P.3d 1068 (2000), required state and county agencies to conduct a Ka Paʻakai analysis on matters that may impact Native Hawaiian traditional and customary rights; and WHEREAS, article XI, section 1, of the Hawaii State Constitution provides that: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State."; and WHEREAS, article XI, section 7, of the Hawaii State Constitution provides that: "The State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people."; and WHEREAS, it is imperative to protect and restore freshwater flows to ensure the long-term health and resilience of Hawaii's nearshore marine ecosystems; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that this body reaffirms the State's obligation to uphold the constitutional rights of its people by recognizing the critical role of freshwater in maintaining healthy nearshore marine ecosystems; and BE IT FURTHER RESOLVED that the State and counties are strongly urged to prioritize the protection and restoration of freshwater flows to nearshore marine ecosystems by developing and implementing comprehensive water resource management plans and adopting policies that balance human needs with environmental sustainability; and BE IT FURTHER RESOLVED that the State and counties are requested to work with relevant stakeholders to identify and implement strategies to protect and restore freshwater flows to nearshore marine ecosystems by providing education and outreach efforts to raise awareness about the importance of freshwater to nearshore marine ecosystems within government and among the public; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Lieutenant Governor, Chairperson of the Board of Land and Natural Resources, and Mayor of each county. OFFERED BY: _____________________________ OFFERED BY: _____________________________ Report Title: Freshwater; Nearshore Marine Ecosystems Report Title: Freshwater; Nearshore Marine Ecosystems