Unlike Honolulu's City Council, Kauai is actually DOING something to acquire more beach rights of way through their county's Public Access, Open Space and Natural Resources Preservation Fund Commission. Here's an excerpt from today's Honolulu Advertiser:

A draft of the board's priorities for land acquisition that, once approved, will be sent to Mayor Bernard Carvalho Jr. and the Kaua'i County Council reveals the board's concern about diminishing beach access routes.

In addition to recommending attempts to acquire land to expand the county Black Pot Park on Hanalei Bay and Salt Pond Beach Park in Hanapēpē, the commission is poised to recommend county officials use real-property-tax incentives or other means to acquire beach-access routes to Kauapea Beach (Secret Beach) near Kīlauea, Ka'aka'aniu Beach (Larsen's Beach) near Moloa'a, and Papa'a Bay between Anahola and Moloa'a. The draft priority list also contains mauka accesses to Waita Reservoir near Kōloa and Alexander Dam mauka of Kalāheo.

The same article says they have also been discussing the ongoing problems with oceanfront homeowners growing vegetation in blatant attempts to grab more beach land for themselves. Click here to read the full article.
http://www.honoluluadvertiser.com/article/20100105/NEWS0102/1050318/Kaua+i+beach+access+a+concern

Labels: beach vegetation, kauai county council, kauai public beach access, mayor bernard carvalho jr., public beach access

Posted by richfigel at 9:44 AM | Permalink | Comments | links to this post

Good news to start the New Year! As reported in the Honolulu Star-Bulletin on Jan. 1, 2010, the Intermediate Court of Appeals has ruled that accreted, naturally-formed beach land above the high water mark belongs to the public -- NOT oceanfront property owners.

As many of you already know, some of the greedier homeowners have been planting vegetation to literally grab more beach land for themselves. This ruling is a small victory for the people of Hawaii. Now if we could only do something about providing more public access and our inadequate shoreline setbacks on Oahu.

Here's the link to the Star-Bulletin article that provides more details on the court ruling.

http://www.starbulletin.com/news/20100101_New_land_is_public_court_says.html

Labels: accreted beach land, hawaii beaches, hawaii shoreline setbacks, oceanfront property, public beach access

Posted by richfigel at 4:13 PM | Permalink | Comments | links to this post

Mele Kalikimaka and all that jazz! Had a good laugh when I read a newspaper comment by a resident complaining about how Obama's stay in Kailua was interfering with their access to the beach. What's hilarious is this guy lives on Kailuana Place -- the public road with a private, gated beach acess pictured to the right! They think nothing of locking out neighbors and visitors from "their" beach access all year long. But close them out for one week, and boy oh boy, they don't like it one bit.

The Honolulu Weekly ran my letter in response to the "Shrinking Beaches" article they did recently. I pointed out that the reporter left out the most important thing: the reason WHY nothing is being done to protect our shorelines, which is the split jurisdiction between the State and counties. Here's the link to my letter.

The Star-Bulletin will also be running my commentary on the public safety issue related to the gate above, which I blogged about a couple of weeks ago. Scroll down for that one about the medical emergency I witnessed -- which happens to be down at the end of the beach where the Obamas are staying for Christmas.

That's how exclusive parts of Kailua Beach have now become. You can literally close off an entire section very easily without even putting up gates or fences because THEY ARE ALREADY IN PLACE. In effect, Hawaii now has private beach areas for the rich and privileged -- or in this case, for the President and his family. I love Obama, but this man of the people should be using this opportunity to promote free and open access to Hawaii's beaches.

Labels: "Shrinking beaches" article, gated beach accesses, Honolulu Weekly, Kailua Beach and Obama, Kailuana Place gate, public beach access

Posted by richfigel at 3:50 PM | Permalink | Comments | links to this post

Today I was reminded why this battle against gates still matters. While jogging back from Kailua Beach, I saw three paramedics pushing a gurney down the Kailuana Beach Right of Way -- the only public access for a mile-long stretch of beach. The dirt path from Kalaheo Avenue is well over a hundred yards before you even reach the beach.

As soon as I saw the paramedics I knew there was a big problem. I had just come from the beach and didn't see anyone in trouble near the #89A Emergency Locater sign next to that access path. I did, however, notice a group of people further down by the area surfers call Castles, near the house where President Obama and his family stayed last Christmas. That was at least a quarter-mile from the public access.

So I told the paramedics about that and asked how they planned on pushing the gurney through the sand. I noted that there was a closer access on Kailuana Place, but it was gated -- the locked gate in the picture. All they knew was that a surfer was injured, and this was the closest public access to where the victim was. Apparently it was not a life-threatening situation... but what if it was?

The paramedics left the gurney on the path and strolled down the beach. One made a call and shortly after that another ambulance drove down Kailuana Place. I presume they were going to try to get someone to open the gate so they could transfer the accident victim to the second ambulance. All this took 10-15 minutes... if it had been a heart attack or drowning victim, those extra minutes could have meant the difference between life and death.

What's more, Kailuana Place is a public street. That's right -- our tax dollars pay for the upkeep of their road! But the gate is on a privately-owned piece of land. How nice of them to share it with their neighbors, eh?

Merry Christmas, indeed. If President Obama stays at the property down that end again this year, I hope someone will mention to him that the locked gates along Kailua Beach are a very real threat to the public's safety. Whether you have health insurance or not won't matter if emergency help can't get to you quickly!

Labels: beach emergency response, Kailua Beach, Kailuana Place gate, Kalaheo Avenue, locked gates, Obama in Kailua, public beach access

Posted by richfigel at 1:55 PM | Permalink | Comments | links to this post

Joan Conrow has a good cover story in the Honolulu Weekly about an issue I've been harping on for the past year. However, nowhere in the article does it ask WHY nothing is being done about the situation!

It's pretty simple really: as long as we have split jurisdiction between the State and the counties, there will never be a comprehensive long-term shoreline management plan. We need a Hawaii Coastal Commission that has the authority to enact statewide standards and the ability to ENFORCE those rules.

But we can't get there without interim steps, such as a joint State-counties task force to lay the foundation for such a commission. State Rep. Chris Lee introduced a bill that would have done just that. But Sam Lemmo, who works for the State DLNR, actually spoke out AGAINST the bill! And we didn't get any support from the UH Sea Grant people either... the same guys who have complained about the split jurisdiction problem. So what's their solution? More of the same: do studies and hope something changes...

Anyhow, here's the link to the Weekly article. At least the issue is getting more attention.

http://honoluluweekly.com/cover/2009/12/shrinking-beaches/

Labels: "Shrinking Beaches", hawaii shoreline management, Honolulu City Council, Honolulu Weekly, Kailua Beach, public beach access, shoreline setbacks

Posted by richfigel at 1:08 PM | Permalink | Comments | links to this post

Tim Vandeveer, one of our Beach Access allies, asked me to pass this along for "Talk Story 2" on Tues., Dec. 8, (6:30 - 9 PM) at Kahuku High School Cafeteria hosted by Defend Oahu Coalition:

This is the second in a series of Community Forums regarding the future of Turtle Bay. The City’s Department of Permitting and Planning is reportedly very close to issuing final subdivision permits to the developer at Turtle Bay which will allow him to move ahead with the outdated plan for five additional hotels and one thousand more resort condominiums. The State Supreme Court is set to hear Oral Arguments regarding the Keep the North Shore Country case asking for a Supplemental Environmental Impact Statement.

The existing property is formally changing owners this month, who are reportedly working on a new business model for the resort. This is a crucial time to get updated about the current situation. Efforts aimed at building on plans for preservation as well as sustainable land use enforcement at City and State levels will also be addressed. Notable speakers invited to attend include: Governor Lingle, Representatives Abercrombie and Hirono, Mayor Hannemann, Turtle Bay Advisory Working Group Chair Bill Paty, Senator Clayton Hee, Councilmember Donovan Dela Cruz and Interim Developer for Kuilima Resort Company Stanford Carr. The moderator for the evening will be Dee Dee Letts, a member of the Ko’olauloa Neighborhood Board and longtime community activist.

If you want to Keep the Country Country, this is a must attend event!

Labels: Defend Oahu Coalition, Keep the North Shore Country, public beach access, Turtle Bay resort

Posted by richfigel at 12:24 PM | Permalink | Comments | links to this post

Today's Star-Bulletin ran a good article about the continuing problem of oceanfront property owners making claims on the beach where it has naturally expanded, or by simply growing out vegetation to grab more land (as in the photo above, which was taken last year at Kailua Beach -- note the SPRINKLER HEADS in the plantings).

We have laws saying the beach belongs to the public up to the high water wash, but vegetation is also used to mark boundaries. We have State laws that say one thing, while the individual counties make their own shoreline setback rules. Meanwhile, due to State and county budget shortfalls, personnel are being laid off which means we have less enforcement of existing laws. And no one is really responsible for overseeing our shorelines and beaches -- the State and counties just pass the buck!

Here's the article link.

My wife and I took a walk along Kailua Beach this Thanksgiving weekend. Besides the five houses that are already being rebuilt closer to the water, there are at least two vacant lots where you can be sure new owners will also build right up to the legal setback because others have already done it, and they don't want their views blocked by neighbors who will rebuild closer to the ocean.

Say goodbye to the Kailua Beach we used to love. It's well on the way to becoming another narrow stretch of sand just like Lanikai or Kahala Beach thanks to selfish, short-sighted beachfront property owners who don't give a damn about their impact on Hawaii's beaches. And thank our State and county officials too for not doing anything about it.

Labels: Hawaii Independent. Lanikai Beach, Kahala Beach, Kailua Beach, public beach access, shoreline setbacks, shoreline vegetation, Star-Bulletin

Posted by richfigel at 9:25 AM | Permalink | Comments | links to this post

Two good pieces worth reading about the controversy over shoreline access on Kauai. First, there's this article from The Hawaii Independent, which begins:

An outcry over plans to fence off a trail to Larsen’s Beach is causing Kauai residents to revisit two longstanding issues: Should concerns about liability restrict access; and is the county properly recording public easements?

The controversy arose over cattle rancher Bruce Laymon’s plans to install a fence on northeast Kauai coastal land that he leases from the Waioli Corp., a kamaaina landowner whose holdings include the historic Waioli Mission House and Grove Farm Homestead Museum.

The fence would block the widest and easiest of two trails that lead down to the long, relatively secluded beach. Laymon maintains the more popular trail is not the easement that Waioli Corp. deeded over to the county. Instead, the public access runs through an outcropping of rocks along a steeper, rougher trail that is less favored by beach-goers.

But during a site visit last Friday, concerned citizens said they were stunned to hear surveyor Alan Hironaka claim there’s no public access to Larsen’s Beach at all...

Click here to read the rest.

Then we have Andy Parx's "got windmills?" blog post, which also goes into the history and politics behind the Larsen Beach access issue.

Check out Andy's piece, The Road More Traveled (Mon., Oct. 26) here.

So has the Honolulu Advertiser or Star-Bulletin been on top of this story? I could be wrong, but I don't think so. More and more we're seeing independent news sources and bloggers picking up the slack while TV news and the dailies cut back on actual reporting, and run more Mainland-generated content.

Labels: got windmills, Kauai shoreline access, Larsen Beach, public beach access, the Hawaii Independent

Posted by richfigel at 10:04 PM | Permalink | Comments | links to this post

Is the bed and breakfast debate in Hawaii a beach access issue?

As many of you know, I have mixed feelings about the arguments for and against B&Bs. Some of our friends and BAH supporters own B&Bs in Kailua. But I also know people who have been negatively affected by B&Bs.

Ironically, some of the most vocal opponents of B&Bs are people who live on gated roads. They even claim the influx of B&B tourists are one reason they don’t want anyone using “their” private lanes to get to the beach. They want the City Council to tell others what they can or can’t do with their homes.

Yet those same people don’t want anyone telling THEM what they should do with their “private” roads -- despite the fact they receive public services such as trash pick-up and mail deliveries.

Moreover, some of those mini-hotels that are marketed as B&Bs are on gated roads. Which means tourists who rent them have their own private access to the beach, while residents who live nearby must trek as much as half a mile to find a public right of way.

Personally, I’d like to see B&Bs restricted to owner-occupied homes. Most of the problems I hear involve properties where the owner lives out of state or somewhere else. If the owner is present, at least you know who to complain to. I think owner-occupied B&Bs can fit into residential areas if they are regulated and stay true to the spirit of real mom-and-pop operations.

It’s a thorny issue. I’ve had family visiting from the Mainland, and I wanted to set them up with a B&B in Kailua. However, I have friends who have had trouble finding affordable rentals, in part, because B&Bs are more profitable for property owners. If I had an extra room to rent, I'd want to get top dollar for it too.

Is there a middle ground? I’m all for keeping Kailua residential. But without tourists, I think many of the small businesses in town would suffer or close down. Then we all lose out -- the biz owners and residents who shop or dine at those places.

You can post public comments here, but you must register so we don’t get nasty “anonymous” comments. As we’ve seen in the past, those kind of personal attacks don’t get us anywhere.

Labels: bed and breakfast operations, Kailua Beach, public beach access

Posted by richfigel at 1:50 PM | Permalink | Comments | links to this post

For some time now, I've been harping on the need for a Hawaii Coastal Commission or joint State/Counties Task Force to oversee shoreline management. This week it was announced that the Obama Administration is recommending the creation of a National Ocean Council to coordinate and oversee "myriad federal agencies in conservation and marine planning efforts."

Why? Because ocean policy is being done in a "piecemeal basis"... just as in Hawaii, where public beach access, shoreline setbacks, ocean-related commercial activities, are all regulated (or not) in the very same piecemeal fashion.

But the proposal for creating a task force that could pave the way for a Hawaii Coastal Commission got shot down by people like the DLNR's Sam Lemmo! The UH Sea Grant people didn't give us any support either. Yet they complain about the difficulties in dealing with split jurisdiction between the State and counties. So what's their alternative plan to create a better, more efficient system of shoreline management?

Here's the link to the AP article on the National Ocean Council proposal. Gee, isn't it nice to have a president and officials who use some common sense in streamlining agencies for efficiency, instead of simply ignoring environmental issues such as sea-level rise and industrial pollution? Of course some wing-nut will scream that this is socialism.

UPDATE: Better article from the New York Times...

"The Obama administration called Thursday for a comprehensive national system for regulating the use of federal waters along the nation’s marine and Great Lakes shores, now administered by a hodgepodge of federal, state or other agencies with often-conflicting goals..."

Labels: Hawaii coastal commission, hawaii shoreline management, National Ocean Council, Ocean Policy Task Force, President Obama, public beach access

Posted by richfigel at 1:47 PM | Permalink | Comments | links to this post

From our allies on the North Shore of Oahu, comes this urgent appeal below. Plans to develop the Turtle Bay resort could have an adverse impact on shoreline access in that area...

The Honolulu Advertiser’s wrote in today’s editorial, “Court should clarify worth of years-old EIS”

If the high court decides to take the appeal, as it should, the state will get clearer direction of how environmental law should apply to development that has languished on the drawing boards for years.

And although the Kuilima Resort Co. project is at the center of this case, there are other projects with environmental impact statements prepared long ago. The original proposal for Makena Resort on Maui, for example, was based on an EIS completed in 1974.

It is not right that the developers should be allowed to begin development 20 or 200 years after an EIS is accepted without having to reconsider potential impacts. Keep the North Shore Country and Sierra Club have been seeking a Supplemental EIS for the Turtle Bay Resort in the courts since 2006. If the Supreme Court does not accept the case, our challenge of the environmental review will probably be over.

Meanwhile, Stanford Carr continues to press ahead with the expansion plan and continues to seek final subdivision approval from the City and County of Honolulu. They are very close.

We are near the end of the process. Now is the time to speak up!

This editorial gives you an excellent opportunity to share your concerns about the Turtle Bay Resort Expansion Plan and the City’s refusal to order a supplemental EIS. Please take a moment to send your comments to the Letters to the Editor and also post an on-line comment. Letters to the Editor are more effective.

Advertiser Letters to the Editor Include your name and contact information so they can confirm your identity and publish your letter.

You can read all of the court filings and follow the action at www.KeepTheNorthShoreCountry.org

Mahalo,
Gil Riviere
Keep the North Shore Country

Labels: Keep the North Shore Country, Kuilima Resort Co., public beach access, Turtle Bay resort

Posted by richfigel at 12:37 PM | Permalink | Comments | links to this post

An email from Betty Jung on the Big Island was forwarded to us from someone in the State DLNR... in other words, the state can't do anything about beach access problems and it seems like the county "no can" either. So they refer people like her to groups like ours. Unfortunately, all we can do is continue to lobby for better laws and try to drum up more public support.

Here's her email and links to the West Hawaii Today newspaper articles about the situation:

Subject: Big Island "Pines" surf and beach

Aloha,

In the local newspaper, West Hawaii Today, on the dates of 7/16 and 7/19 there were articles regarding the closing off of gates to a road that leads to a locally popular beach and surf area known as "The Pines." The current access is through the National Energy Lab of Hawaii road. Due to the economy, as reported in the newspaper, NELHA is planning to close the gate at 4:30PM on Fridays and not reopen until Monday mornings. One newspaper article claimed that a paved road through an incomplete housing area to be known as Kohanaiki, is supposed to open their gate to the local traffic as access. All this is supposed to begin on August 1. As has happened in the past on this island, we have had the same type promise and then have been locked out for as much as two years. Since this area is so widely used by locals, not just for surfing, but for camping, family reunions, birthdays, weddings etc., we would like some guidance on writing a petition to the Hawaii County office or State office that might be of aid to us in keeping this area open. The locals who use this area are inclined to due diligence in maintaining the area for family use. Please help us keep this area open.

Mahalo, Betty Jung

Click here for the July 16 article, and here for the July 19 story on the energy lab gate closing.

I don't know enough about it to comment, other than to say they need to get organized and try to get some TV news coverage that might wake up the Big Island council. The state DLNR will do nothing as usual.

Labels: Big Island beach access problems, Kohanaiki, public beach access, The Pines, West Hawaii Today articles

Posted by richfigel at 10:14 PM | Permalink | Comments | links to this post

Shannon Wood of the Windward Ahupua`a Alliance, sent this timely message about the need to stay the course when lobbying for changes in state law. The bill she writes about relates to climate change, which could affect sea levels and shoreline access. More importantly, it points out that our system of government requires persistence and patience.

On July 15, 2009, the Hawaii State Legislature overrode Governor Linda Lingle's veto of SB 266 CD1 (now ACT 20, Special Session 2009) to establish a Climate Change Task Force.

It took me four legislative sessions to get this on the books. I first started talking to lawmakers in late 2005, but no one was even willing to sponsor a resolution, let alone a bill, in the 2006 Session.

Then along came "An Inconvenient Truth" in the summer of 2006, and suddenly the political environment changed significantly; however, for a variety of reasons, it still took another three years to get the legislation enacted.

Many, many people worked together on Hawaii's climate change legislation -- including faith-based organizations and labor unions -- but this one was really my "baby." Twice this past Regular Session, I kept the bill alive by meeting with key legislators in both the State House and Senate who had major concerns about the costs given the slowdown in the economy.

I particularly want to thank four Hawaii environmental groups for their support: The Nature Conservancy, the Sierra Club, the Trust for Public Land, and the Blue Planet Foundation. Additional critical support came from the Environmental Law Program at the Richardson School of Law and the Center for Climate Adaptation & Policy at the University of Hawaii.

In all my years of political activism, only one other bill (establishing criminal penalties for owners of dogs legally designated as "dangerous") has kept me going... and going... and going as this one did. In that case, I was driven by the deaths of my cats by two dogs who came into our yard and killed them -- and all the owners were charged with were two leash law violations! Getting that bill on the books took 1,199 days.

And don't forget that it took over 30 years to get a beverage container deposit fee bill passed.

PATIENCE, PERSEVERANCE, PERSISTENCE, PARTNERSHIPS, PASSION... they really do work when it comes to making changes in How We Do Things Around Here.

I also believe that this climate change legislation could be a model for other states. Obviously, not all states will have to deal with sea level rise nor would they necessarily have the same the same entities or organizations on their task force, but the concept and the goals underlying the legislation would be the same.

As for public access issues, I've been told by Abbey Seth Mayer that his staff is working on a plan; however, Robert Harris from the Sierra Club feels that it will be years before any solid recommendations will be forthcoming. That's something we can change if there's enough interest in doing so.

Shannon Wood, President & Co-Founder, Windward Ahupua`a Alliance /Plug In & Power UP!/RECYCLING FOR CHANGE/BUST-A-DUMPER Campaign

Click here for SB 266 legislation text.

Labels: Blue Planet Foundation, climate change, Hawaii Independent. Lanikai Beach, Nature Conservancy, public beach access, SB266, sea level rise, Sierra Club

Posted by richfigel at 11:12 AM | Permalink | Comments | links to this post

While Lanikai currently has more open public access to the beach than Kailua Beach, the lack of public parking and commercial activities are pushing residents to take action against the daily intrusions. And regular problems with drunk or rude idiots has some of them talking about closing off access ways.

What's the solution? I don't know... again, I think this is another reason we need a Hawaii Coastal Commission that would oversee issues such as commercial activities and public access, while creating long-term shoreline management policies for the entire state. Think the City Council or DLNR will do anything on their own? Right...

Anyhow, here's the Hawaii Independent link. Bookmark the site and check out their other local stories!

Home page: http://www.thehawaiiindependent.com/

Labels: Hawaii Independent. Lanikai Beach, Kailua Beach, public beach access

Posted by richfigel at 1:07 PM | Permalink | Comments | links to this post

Special thanks to Christine Crosby and Amy Hammond for putting together the Beach Access entry in this year's Kailua 4th of July parade! Christine is the one wearing the Magic Sandman costume, who is a character created by Amy for her popular children's book.

Although our group was small in numbers, we got huge cheers all up and down Kainalu Avenue from the thousands of people who lined the parade route. Many walked up to us and said "mahalo" for our efforts to protect beach access.

But to continue the fight, we still need your help and financial support. Please donate $5, $10 or whatever you can spare by using the PayPal link on the right side of the page. And keep spreading the word about our group!

Labels: Kailua Fourth of July parade, public beach access

Posted by richfigel at 9:55 AM | Permalink | Comments | links to this post

It's been well over a year since I contacted our City Council representative to do something about the unsafe conditions on Kalaheo Avenue, since residents must now walk along long stretches of road to reach the closest public right of way. We were told that the area next to the street is the responsibility of the HOMEOWNER -- not the City or State.

Supposedly the City sent notices to those homeowners, informing them they were supposed to clear the pedestrian/biking paths of debris and dirt, or the City would do it and then send the property owners a bill for that service. But as you can see in the video I took with my new Flip camcorder ("shaky-cam") nothing has been done. There is now less than a foot of walking space in spots. Cars have to veer toward the middle of the road to avoid walkers and bikers.

This is an accident waiting to happen. One resident has already been "clipped" on his elbow by a car's mirror. Further down the same street, a woman on a bike got hit last year. Is the City waiting for someone to get killed before it fixes the problem?

Labels: Honolulu City Council, Kalaheo Avenue, public beach access, unsafe road conditions

Posted by richfigel at 1:11 PM | Permalink | Comments | links to this post

Christine Crosby has volunteered to coordinate a Beach Access entry in this year's Kailua parade. If you'd like to participate, please call her at 780-4555 or email her at: lanikai@gmail.com

Last year was a lot of fun, but I just don't have the time to put together a float and organize everything... so I'm really happy when people like Christine take up the cause and keep it going! I hope you will too, in whatever way you can.

BTW, kind of funny that one of the people trying to save the Kailua fireworks show happens to be the son of the people who put up the gate on L'Orange Place. They and others who live on "private" beachside lanes don't want anyone walking down their roads to see those fireworks!

In fact, many people will have to take their chances walking long distances on unsafe Kalaheo Avenue to find an open public access. I just met an older man this weekend who told me he got "clipped" by a passing car's mirror because there is so little space to walk on the side of the road -- about half a foot in spots. It won't surprise me if someone gets hit trying to go see the fireworks because of the gates situation.

Labels: Kailua Beach, Kailua Fourth of July parade, public beach access

Posted by richfigel at 3:24 PM | Permalink | Comments | links to this post

The Honolulu Advertiser ran another cursory article about the latest beach erosion study, without questioning whatever happened with prior studies or asking why different agencies and counties don't share information they already have!

For what it's worth, click here for the story link and reader comments.

Meanwhile, UH Sea Grant and the State DLNR are doing a separate study of Kailua Beach, which will cover similar ground. In recent years, both Kauai and Maui also commissioned studies pertaining to erosion and setbacks. Each time they develop their own criteria and pay someone to create reports that could have been standardized and used as templates for all islands and beaches. Instead, they reinvent the wheel over and over. So there goes another $100,000 of taxpayer money down the drain for a report that will probably be put on a shelf with all the other studies done over the past 10-20 years.

But according to the same people who get hired to do these studies, we don't need a joint State/Counties task force or coastal commission to coordinate this stuff. Well, I guess if your main concern is job security, that makes perfect sense. At the rate they're going, by the time their studies are complete, many of our beaches will be severely diminished due to inaction. And they'll all be retired with generous civil servant benefits.

We don't need more studies to confirm what our eyes tell us is happening right NOW. Just walk along Kailua Beach and count the number of houses being rebuilt closer to the ocean! In five years or less, those parts of the beach will begin to look just like the shrunken shoreline along Lanikai and Kahala Beach.

BREAKING NEWS: Rep. Cynthia Thielen says she's working on another angle to halt "seaward creep" since the State Legislature failed to pass her bill to freeze setbacks on Kailua Beach. New City Councilman Ikaika Anderson says he will bring up the subject this year, but was vague as to when. I'll believe it when I see it.

Labels: beach erosion studies, City Councilman Ikaika Anderson, public beach access, Rep. Cynthia Thielen, shoreline setbacks

Posted by richfigel at 1:08 PM | Permalink | Comments | links to this post

I've said it before, I'll say it again: unless the public takes responsibility for policing itself and reporting the idiots who trash our beaches or break other laws, we will lose access to places like Bellows, which is under military control.

I don't doubt there is validity in the reasoning for closing it off to the public. But this is the U.S. Marines we're talking about! Couldn't they station some MPs in a non-threatening way to discourage scofflaws? Sometimes it just takes the presence of authority figures to send a message, or issue a "friendly" warning about throwing away garbage. It doesn't have to be all-out war on the public just because of a small number of inconsiderate morons. The problem is too many of us just sit back and do nothing when we see rude kids and adult slobs ruining it for everyone else.

Here's the links to the Advertiser and Star-Bulletin articles.

What do you think should be done?

Labels: Bellows beach, public beach access

Posted by richfigel at 6:24 AM | Permalink | Comments | links to this post

The Honolulu Advertiser ran a follow-up story today about the overgrown vegetation that is impeding shoreline access along Kahala Beach. A year ago, the State DLNR notified 12 landowners that they had to cut back the naupaka and other plants that were growing right down to the high water line. To date, only one has complied.

And what's the State's response? Um, well, we don't have the time or money to do anything about it. That's according to Sam Lemmo, the same DLNR guy who opposed my proposal to create a joint State/counties task force to address issues such as this! Why? Because the State and counties both are unwilling (or unable due to jurisdiction problems) to take responsibility for management of our coastlines and beaches.

Unfortunately, the article didn't do a very good job of framing the bigger issues of shoreline management and the need for a Hawaii Coastal Commission to oversee statewide policies. The reporter also took a comment I made about vegetation speeding up erosion out of context, because it made it sound like I was saying natural vegetation increases erosion. That is NOT what I said. I was referring specifically to plantings by landowners in front of homes that were built TOO CLOSE TO THE OCEAN. Besides disturbing the natural ebb and flow of sand and water, just as seawalls do, these artificial plantings are a blatant land grab by those homeowners.

Sheesh. But it was apparent from talking to this reporter that she had no intention of going out herself to check any of the beaches or problems I was talking about. She also didn't bother to speak to Rep. Thielen about the Kailua setbacks bill defeat, which is related to shoreline conservation efforts. Nor did she bother to speak to newly-elected City Councilman Ikaika Anderson, who presumably should have something to say about shoreline setbacks and vegetation, since those matters currently fall under county jurisdiction.

Anyhow, you can read the article by clicking here. Half-assed reporting is better than no follow-up at all, I suppose.

Advertiser link:
http://www.honoluluadvertiser.com/article/20090601/NEWS01/906010331

Labels: Kahala Beach, public beach access, Rep. Cynthia Thielen, shoreline vegetation

Posted by richfigel at 10:23 AM | Permalink | Comments | links to this post

This is a guest post from well-know podcaster and Hawaii resident, Todd Cochrane. You can read his personal blog here and his business blog, Geek News Central.

Hawaii has an Open Beach Access law that provides the public access to “all” Hawaii beaches. But over the years different land owners have done their best to make it very hard for Hawaii residents to get to some of the premium beach locations.

My family and I have tried no less than 10 times over the past month to get to the public beach at the private resort, Ko Olina. In order to gain entry, you show ID to the resort gate sentry and then proceed to the highly-limited public parking area. But we have repeatedly been turned away at the gate the last two months. On Sunday, I pulled off the road from the entrance and watched as Ko Olina Resort security turned away 23 cars in a row.

Something is really amiss at Ko Olina. While I know the beach is popular, it makes me wonder if they do not have an internal policy that is meant to discourage the public from going there. You used to be able to at least "scout" the parking lot and wait in your car until someone left. But they are not even allowing this. Plus, with the number of signs warning people they will be towed if they park any place but the designated public parking spots, it shows they mean to play hard ball with locals. If they really cared about the public, they would have allocated more parking.

As a resident of Hawaii, I feel my rights are being violated and that the Ko Olina resort has some explaining to do.

Even sadder, most of the public beaches in the Kapolei area have been overrun by homeless people. Personally speaking, it's pretty sad when I do not feel it's safe to take my family to some of the other beaches in Hawaii that are not located on private resorts.

EDITOR'S NOTE: Ko Olina gets away with this because they do provide public beach access -- however, it's limited to eight parking stalls per lagoon! Guards have routinely turned back locals even when there was plenty of open "non-public" parking spaces available. Nice of 'em, eh?

When the Disney Resort opens out there, will they have more than eight parking stalls for public beach access? Anyone who goes to the beach at Ko Olina should contact their Neighborhood Board and City Council reps in that district to make sure more spaces are alloted for locals and residents! - Rich Figel (richfigel@gmail.com)

Labels: Disney Resort, Kapolei, Ko Olina, public beach access

Posted by Roxanne Darling at 10:50 AM | Permalink | Comments | links to this post

State Sen. Gary Hooser has personally backed our beach access efforts from the very start. On Groundhog Day 2008 (above photo) he was the only elected official to show up at our rally in front of the Capitol building. This year, he again worked with us in trying to get legislation passed that would protect shoreline access -- but other legislators chose to do nothing, as usual.

Gary has announced that he is running for Lt. Governor in the 2010 elections (click here to visit his home page) and will be holding a kick-off rally on Tues., June 9 at Ke'ehi Lagoon, DAV Hall. Although he's asking for $25 per ticket for the fundraiser, I can give you FREE tickets that he has offered to Beach Access Hawaii.

Email me at richfigel@gmail.com, if you'd like tickets. There will be food and entertainment, and Gary promises to put the "fun" back in fundraiser. As our future Lt. Governor, maybe he can help persuade the next Governor to take action on protecting our beaches and shoreline access... something our current Governor apparently doesn't think is worth her time.

For more information about Gary's campaign, go to: http://www.garyhooser.com/

Labels: Gary Hooser, public beach access

Posted by richfigel at 1:33 PM | Permalink | Comments | links to this post

Thought we had a chance to get bills passed that would protect beach access and shoreline setbacks. I was wrong... bills we supported died in committee the final week, or were amended in such a way that they could actually weaken existing setback standards!

Why? Frankly, it's because we didn't have enough public support. Our politicians kowtow to business interests and individuals who pony up the biggest campaign contributions, or pander to factions that are organized enough to make the loudest noise.

For instance, State Legislators caved in on equal rights for gays because the religious right mobilized their forces and turned civil unions into a referendum on traditional marriage. It made me ashamed of my upbringing as a Christian to see these red-shirted church-goers say gay people were somehow "defective" and didn't deserve the same legal rights as straights.

I once thought Hawaii took pride in our culture of "aloha" and tolerance. The beaches symbolized the open nature of people here... but now it's a place where people put up walls, fences and gates to keep anyone out that is "different" or not as wealthy as they are.

These are sad times, and I'm not willing to fight for any cause, unless it's for the benefit of ALL people in Hawaii -- regardless of race, religious views, income level, place of origin, and yes, sexual orientation. As long as we let differences divide us, nothing positive can be achieved on bigger issues that affect everyone.

End of rant. Don't know when I'll be back. It's up to YOU to do something if you want to see real change.

Labels: civil unions, Hawaii State Legislature, public beach access, shoreline setbacks

Posted by richfigel at 8:17 AM | Permalink | Comments | links to this post

We're on a roll... HB 593, Rep. Thielen's setbacks moratorium bill for Kailua Beach cleared the State Senate WTL committee on Fri., March 20. Then today (March 23), Sen. Hooser's bill, SB 1088, which re-defines obstructions to public access and gives citizens more ammunition to file lawsuits if access is blocked, also was approved on the House side by the WLO committee.

What's more, a bill many groups opposed that would have put Coastal Zone Management under the DBEDT as a cost-cutting measure, was gutted and replaced with language from HB 593 to give the DLNR authority to implement shoreline setback moratoriums throughout the entire state! So instead of a potential step backwards with SB 1318, the House WLO committee actually took the initiative in doing something to protect our beaches.

In other political news, Honolulu City Council candidate Steve Holmes emailed our group and wants you to know he would do all he can to support public beach access if elected. Candidate John Felix has said public access is one of his top concerns as well. The fact that they are discussing this issue shows how far we've come in the past year. Keep up the pressure, and we WILL see more positive changes in the near future!

Labels: Kailua Beach, public beach access, shoreline setbacks

Posted by richfigel at 10:29 PM | Permalink | Comments | links to this post

HB593, which would give the State DLNR the authority to implement a 2-year moratorium on Kailua Beach shoreline building setbacks, will be heard by the Senate Water, Land, Ag committee on Friday, March 20 at 3 pm. You can submit testimony online by going to this link: http://www.capitol.hawaii.gov/emailtestimony/

We've also received word that SB1088 should be getting a hearing date by next week. That's the bill our alliance helped draft to re-define obstructions to public access, and make it more feasible for citizens to file lawsuit to stop gates from going up in areas with limited beach access for residents.

I'll be sending out a group email as soon as we get confirmation on the hearing dates. Mahalo to all who submitted testimony these past couple of weeks! Your emails and letters made a difference, and will continue to do so. Keep up the good work, folks.

Labels: Hawaii State Legislature, Kailua Beach, public beach access, shoreline setbacks

Posted by richfigel at 9:23 AM | Permalink | Comments | links to this post

Quick update: HB593, which would establish a two-year moratorium on Kailua Beach shoreline building setbacks, cleared the House Finance Committee hearing on Thurs., March 5. There were 15 "ayes," and no votes against.

It will now cross over to the Senate side, where the bill will be assigned to the appropriate committees for more hearings. But so far, looking good!

However, we must continue to lobby the Honolulu City Council to do something quickly to protect Oahu's vanishing beaches. Building setbacks are really in their jurisdiction. A special election will be held to fill the seat of Barbara Marshall, who recently passed away. Our condolences go out to her family and many friends.

Although we may have disagreed with her stand on certain issues, she did work hard for what she felt was best for the citizens she represented. She also had to deal with a divided City Council. Hopefully, her replacement will be able to do more to protect shoreline access, and persuade the City Council to be proactive on beach conservation.

After all, if we continue to lose more of our beaches, and make it harder for people to reach the beach, what will happen to Hawaii's appeal as a world class travel destination?

Labels: beach conservation, Hawaii State Legislature, HB593 bill, Honolulu City Council, public beach access, Rep. Cynthia Thielen, shoreline management

Posted by richfigel at 9:32 AM | Permalink | Comments | links to this post

By building alliances and beating the drums for beach access, we've been able to enlist the support of ocean and coastal conservation experts at NOAA and the UH Sea Grant program. We believe we share many common goals -- so why not share information and resources?

For instance, NOAA has been working on a survey of public shoreline access for fishermen. But when they heard that was one of the things beach access advocates were looking for, NOAA contacted us about the study they were doing. You can download a pdf version of their presentation here:GIS%20access%20survey.pdf

Meanwhile, Dolan Eversole of the UH Seagrant program has been working with the DLNR to develop a comprehensive shoreline management for Kailua Beach. Although beach access was not initially a major part of that plan, he's now making efforts to see if grants can be applied to creating a web site for public beach access, modeled on what was done by the Maine Sea Grant program.

To see what kind of info they provide, you can click here or go to:
http://www.seagrant.umaine.edu/accesslaw/

This is precisely the kind of stuff we should have for Hawaii! Why is Maine ahead of us in this area, when we're surrounded by ocean and are famous for our beaches?

Labels: Kailua Beach, NOAA, public beach access, UH Sea Grant

Posted by richfigel at 9:41 AM | Permalink | Comments | links to this post

On Sat., Jan. 10, freshman State Rep. Chris Lee (Lanikai,Waimanalo district) became the first elected official to take me up on my offer to walk the walk, instead of just talking the talk...

I had emailed him last week about our frustrations with lack of action by the City Council and State on beach access and shoreline management issues. Rather than meet at his office in the State Capitol building, I suggested we stroll down Kalaheo Avenue from the Kailuana beach access to the next closest public right of way, which is over a half mile away. Chris said yes.

We also walked along the beach where I was able to show him four new houses that are being re-built CLOSER to the ocean -- despite evidence of beach erosion and projected sea level rise. Seeing is believing, and I think it made an impact on Chris when a Kailua resident came up to us and pointed at the "monstrosity" on Namala Place that is being built directly in front of an older home, cutting off their ocean view. Nice.

Coincidentally, on the front page of the Sunday Star-Bulletin there's a big story about "Saving Kailua Beach"...

The rapid erosion of one of Oahu's most popular beaches spurs multiagency action

STORY SUMMARY
The city, state and federal government are taking steps that could eventually counteract the erosion of Kailua Beach.

The Army Corps of Engineers, the state Department of Land and Natural Resources and the state Department of Health are working together to get needed permits and clearances to allow sand from Kaelepulu Stream to be used to replenish the rapidly disappearing beach. A public meeting was held last summer.

The state also hired a consultant to examine the problem and come up with options by 2010. Beach users say something needs to be done soon.

"In the last two to three years, the shoreline has dramatically eroded," said Chip Fletcher, a professor in the Geology and Geophysics Department at the University of Hawaii at Manoa.

Read the rest of the Star-Bulletin article by clicking here.

While I'm glad Chip and others are on the case, the question remains: why has it taken this long? Why isn't there a State coastal commission or task force that is looking at both short term and long term steps that should be taken to protect our beaches?

Meanwhile, since the Honolulu City Council has failed to act on shoreline setbacks, you can be sure other new beachfront homeowners will re-build closer to the ocean, which is likely to hasten beach erosion in the near future.

Labels: Kailua Beach erosion, public beach access, shoreline setbacks, State Rep. Chris Lee

Posted by richfigel at 3:40 PM | Permalink | Comments | links to this post

Nice 10 WHO MADE A DIFFERENCE: CHRISTINA HEMMING story by Gary Kubota in the Dec. 23 Star-Bulletin, about a Maui woman who halted development that would have blocked beach access:

In the country town of Paia, she is a rural legend. Christina "Uma" Hemming fought against the county and a developer and won. The beneficiaries of the victory will be the people who use the coastline from Paia to Baldwin Beach.

"She's an amazing person," said Hannah Bernard, president of the nonprofit Hawaii Wildlife Fund. "I really appreciate individuals like her who take on tasks and put their money where their mouth is. ... It's an amazing thing for a person to do."

Friends said Hemming was tenacious and pursued stopping the development, despite personal criticisms and monetary losses...

Click here to read the full story.

Yesterday, coincidentally I received my Obama "One Voice" t-shirt that says if one person speaking out can change a room, it can change a town, state or country. Today, while walking on Kailua Beach, my wife and I glimpsed Obama himself with one of his daughters in front of the beachfront home they're staying in for Christmas.

Can we change shoreline access laws and policies for the better?

You bet we can! But it has to start with you. One person CAN make a difference. In 2009, don't leave it for someone else to be that person. Take a stand. And if you can, please make a small contribution to Beach Access Hawaii, using the Donate link on the right hand side of this page. Mahalo!

Labels: Maui shoreline access, public beach access

Posted by richfigel at 1:43 PM | Permalink | Comments | links to this post

As reported in today's Honolulu Advertiser (Dec. 20), President-elect Obama and his family will be spending their Christmas vacation at a beachfront property on Kailuana Place, not far from L'Orange Place -- Ground Zero in the battle for beach access.

Longtime Kailua residents still simmer over the gate that was put up on Kailuana Loop in the early 1990s. Surfers and kids used to have easy access to Castles, a popular surf spot at that end of the beach. Then the Kailuana homeowners put up a spiked gate on a private easement they controlled.

However, those same Kailuana homeowners reap the publicly-financed benefits of living on a public street that our tax dollars maintain for them! If they want their own private beach access, let them pay for the upkeep on their own damn road.

I hope someone will ask Obama if he approves of this kind of "elitist" attitude among the Kailuana Place grinches, who deny beach access to their own neighbors.

Labels: obama's hawaii vacation, public beach access

Posted by richfigel at 11:57 AM | Permalink | Comments | links to this post

Call me Chicken Little if you want. But I believe my own eyes, and I can see Kailua Beach is eroding fast in certain spots. I don't doubt some of it is just part of natural cycles. However, it also seems that wherever man meddles with the shoreline, we see more dramatic changes in a shorter period of time.

Here's a link to Ron Mizutani's Dec. 10 column, headlined "Kailua Beach: Going... Gone?"

The Honolulu Advertiser also ran a front page story on Dec. 8 about the potential loss of billions of dollars if we do nothing to address Waikiki Beach erosion and the possibility of rising sea levels. Click here to read that alarming story.

What we need is a Hawaii Coastal Commission that would oversee our shorelines. The current split jurisdiction between the State and the counties at the high water mark is not working. No one is taking direct responsibility for protecting our most valuable resource. Meanwhile, our beaches are slipping away while our politicians -- and the apathetic public -- do nothing about it.

The sky may not be falling. But our beaches and open access ways ARE disappearing.

Labels: beach erosion, public beach access

Posted by richfigel at 2:58 PM | Permalink | Comments | links to this post

The State Department of Land and Natural Resources and Office of Conservation and Coastal Lands held an informative session Nov. 20 to discuss sea-level rise, erosion and other issues related to "Conserving Hawaii's Beaches for the 21st Century." The word they repeatedly used to describe the present situation is "triage."

Some beaches are already too far gone to save in their opinion. So they are focusing on shorelines that stand a better chance of being preserved if beach management plans are implemented in the near future. A pilot program is being planned for Kailua Beach, according to Dolan Eversole of the UH Sea Grant program, who is "on loan" to the DLNR.

I asked him if beach access would be part of the plan. He says that is really up to the community. However, he did say their priority is dealing with beach conservation. And that means doing something about the existing setbacks.

As I have posted here before, there are at least two houses being built closer to the ocean than the older existing homes around them. My concern is this will set off a race for other homeowners to rebuild closer to the shoreline in an effort to prevent their views from being blocked -- which is already happening.

At the seminar, Chip Fletcher, Chair of the UH Geology and Geophysics Dept., and Sam Lemmo, DLNR-OCCL Administrator, both said when houses are allowed to be built closer to the sea, there is more erosion in that area because it interferes with the natural sand dunes that help stabilize the beach. You can see that just by walking along Kailua Beach. Then go to Lanikai and see what the future holds if setbacks aren't moved back NOW.

Fletcher says that new beachfront house on Namala Place was built partially on State conservation land, and the DLNR is looking into it. But why did the City grant a permit for building so close to the ocean? Did they even go out and look at the site?

This City/State split jurisdiction is part of the problem. Fletcher, Lemmo and Eversole (sounds like a law firm, huh?) all said the current State/county division of responsibility at the high water line results in poor management of our shorelines. I think they're right. We need a Hawaii Coastal Commission that will provide uniform standards and guidance. And that applies to shoreline access as well.

We'll let you know when there will be public hearings on the Kailua Beach Management Plan. It's up to YOU to tell them beach access must be part of that plan.

Labels: beach erosion, public beach access, shoreline setbacks

Posted by richfigel at 3:03 PM | Permalink | Comments | links to this post

Jeannine Johnson, an East Oahu ally of ours, sent the photo above with this update:

Thanks to efforts from members of our own community, as well as many organizations including the Niu Valley Community Association, Beach Access Hawaii, Kahea, Surfrider Foundation, Keep the North Shore Country, Livable Hawaii Kai Hui, Maunalua Fishpond Heritage Center, and the Windward Ahupuaa Alliance, Niu Valley now has an official public right of way sign next to our access at Niu Valley stream bridge along Kalanianaole Highway and West Halemaumau Street. That simple blue sign means that for generations to come our community will be able to enjoy the beach and ocean in Niu Valley.

Another sign -- literally -- that change can happen if we persevere. Keep up the great work, Jeannine!

Labels: public beach access

Posted by richfigel at 10:01 AM | Permalink | Comments | links to this post

This "ghoul gate" is on Kailuana Loop in Kailua.

It's actually a public street that our tax dollars pay the upkeep on, but the homeowners own the "private" easement.

Well, BOO to them for locking out kids and surfers.

We hear people still climb over the gate, but they better be careful -- dig the sharp spikes on top!

And just a reminder: VOTE FOR CHANGE ON NOV. 4. Yes, we can!

Labels: public beach access

Posted by richfigel at 4:08 PM | Permalink | Comments | links to this post

Two quick items: the "No More Gates" bumper stickers are in, and we'll be sending them out ASAP to those who already made donations. If you'd like one, just click on the Donate button at the right. Please email your name and snail-mail address to Rich Figel (figeli001@hawaii.rr.com). For every $5 contribution, we'll send you three stickers! Due to printing costs, we couldn't do full color. But these still look great in black, white and red. Special mahalo to Jennifer Eisenberger of Windward Designs for creating the logo and layout!

Second item: In today's MidWeek (Oct. 22), Bob Jones makes a very good point in his "Just Thoughts" column about the new Disney resort being built at Ko Olina in Leeward Oahu. BAH brought attention to the limited public parking at Ko Olina, which results in residents being turned away and denied access to beaches there when it gets crowded. However, we've been told that there usually are plenty of open parking spaces -- they just aren't open to Hawaii residents!

Bob Jones writes: "...residents should not roll over and play dead. This is an overdue chance to demand more beach access parking for the public in exchange for expediting permits. Ko Olina got away with much too little in the first go-round. We should demand expanded public parking. Why give away our shorelines to tourists as the recent developments at Kaanapali-Honokowai have done?"

I may not agree with Bob on other issues, but on this one I say, right on!

Labels: Ko Olina, public beach access

Posted by richfigel at 1:23 PM | Permalink | Comments | links to this post