Pāwehe Ke Kai a‘o Hā‘ena: Creating State Law based on Customary Indigenous Norms of Coastal Management

ABSTRACT

Much research has demonstrated the effectiveness of customary indigenous management at conserving natural resources. However, little is known about integrating customary management with state-level institutions. We present a model case study of collaborative rulemaking based upon customary norms for interacting with resources. We explore the efforts of one Hawai‘i community to create formal state law based on customary norms to understand: (1) What is needed to integrate customary norms into state law? (2) What factors influence this integration? (3) What lessons emerge for similar efforts in other locations? First, we find that implementing some norms of customary management requires fundamental changes to state-level institutions. Second, communities can overcome institutional constraints by identifying substitutes for those customary norms that cannot be implemented directly. And third, formal regulation must be supplemented with educational and social programs. Based on these findings, we offer suggestions to integrate customary and state management in other geographies.

KEYWORDS:

• Co-management
• community-based natural resource management
• customary norms
• indigenous

Acknowledgments

The authors thank Louise Fortmann for extensive edits and insights on this article, along with colleagues from her lab group. Mahalo also to Meg Caldwell, Peter Vitousek, Nicole Ardoin, Bethany Wylie, Kaui Fu, Kamealoha Forrest, Billy Kinney, Emily Cadiz, transcriptionists of Stanford’s Hui o Hawai‘i, EIPER, CFERP, Heinz, and Switzer fellowships. Mahalo to KUA, HCSN, and E Alu Pū, Limahuli Gardens, Hā‘ena Community Members, Hui Maka‘āinana o Makana, our families, and everyone who helped to contribute to this article and effort. Thank you especially to the fishing families and kūpuna (elders) of Hā‘ena for your generous sharing and aloha for your home.