FOR IMMEDIATE RELEASE

OCTOBER 26, 2004

APPEALS COURT UPHOLDS HANAUMA BAY FEES

            The City and County of Honolulu learned today that the Ninth Circuit Court of Appeals has affirmed Judge Kay’s earlier decision that upheld the legality of the Hanauma Bay Nature Preserve user fee charged to non-residents.

            In so ruling, the Ninth Circuit recognized the Hanauma Bay Nature Preserve as “a place of rare natural beauty, a treasure to be cherished”. The court also said that the fee ordinance serves a significant public interest and meets constitutional requirements.

            Mayor Harris said he felt vindicated by the court’s ruling. “Our efforts to preserve and protect this fragile marine environment have been met by one protest after another over the years. There has been an incredible effort to stop this project when all we have wanted to do was to protect this natural wonder for generations to come.”

            “It should be noted that the Hanauma Bay Nature Preserve was built at no cost to local taxpayers, Mayor Harris said. “All costs were paid from visitor fees and now the court has reaffirmed that charging visitors a user fee is appropriate.’

            Since the opening of the Hanauma Bay Nature Preserve, the new facility has won five major awards:

• American Institute of Architects Honolulu Chapter Design Excellence Award
• American Society of Landscape Architects Design Award
• Hawaii Visitors and Convention Bureau Kahili Award for architecture
• American Planning Association Hawaii Chapter award for facility improvements
• National Association of Industrial and Office Properties Kukulu Hale Award for new public projects

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