KAHEA - The Hawaiian Environmental Alliance

Put the Power to Enforce Beach Access Laws in the Hands of the People

Despite clear constitutional protections, beach access throughout the Hawaiian Islands is under siege. The attacks are many and diverse, but the result is all the same: Native Hawaiians and local residents are denied their right to beach access.

Communities across the islands are rising up to demand better protection of their legal rights. Unfortunately, most efforts are met by a bunch of cross-agency fingerpointing. Enforcement of shoreline protections and public access rights transcends at least three state agencies and four counties. There is no commitment to ensure public access, no accountability for decisions, and no enforcement against violations.

That is why residents are advocating for improved enforcement of current laws protecting the public's right to access the shoreline. Please demonstrate your support for S.B. 1088 by submitting this online testimony form. When this proposal gets its hearing, we will deliver your testimony to the decisionmakers.

November 21, 2009

Subject:

Aloha Chairman Karamatsu,

I am writing to urge you to hear S.B. 1088. I strongly support every effort to uphold the public's right to access the shoreline. Current protections for beach access are threatened by poor enforcement. Passing this bill will help improve enforcement of the public's longstanding right to beach access. PUBLIC ACCESS TO THE BEACH IS CRUCIAL TO HAWAII'S FUTURE For generations, the people of Hawaii have lived and thrived by the beach. Our unique beaches are a source of health and revitalization for everyone who considers Hawaii home. Ensuring access to the beach is a basic element of maintaining a high quality of life for Hawaii's residents. Many Native Hawaiian cultural practitioners actively visit the beach at dusk, dawn, and throughout the day as part of traditional and customary practices, including surfing, gathering, and religious observances. As access to the beach becomes more difficult, so too will it become more difficult to perpetuate our unique Hawaiian culture. Moreover, Hawaii's economy earns more than $700 million a year from ocean-based recreational activities. According to Hawaii's comprehensive "Ocean Resources Management Plan, 80% of all visitors to Hawaii engage in shore-based activities that generates over $360 million every year. This has spawned over 1,000 ocean-related tourism companies. Impeding access to the beach undermines this vital, sustainable aspect of our islands economy. PUBLIC ACCESS TO THE SHORELINE IS IN JEOPARDY Although Hawaii's Supreme Court has repeatedly upheld the public's right to access the shoreline and inland recreational areas based on our unique political and cultural history as an independent nation, it is increasingly difficult for people to actually use those rights. Beach-front developments, military installations, private gates, no trespassing signs, and high parking fees all stand where paths once invited people to the shore. Conflicts between beach-front property owners and the general public are on the rise. Major protests were held throughout the islands last year to demonstrate residents' frustration with the lack of enforcement of shoreline protections - including public rights-of-way and shoreline setbacks. These conflicts can only be expected to grow, as Hawaii's population is anticipated to expand by another 30% over the next 20 years. Adding to the pressures of shoreline development is the loss of beach front to erosion. At least 17 miles of beach on Oahu and 8 miles of beach on Maui have been lost to shoreline armoring and sea level rise. According to the State of the Beach Report published annually by the Surfrider Foundation, beaches in front of seawalls are 50-70% narrower than natural beaches. SUPPORT IMPROVED ENFORCEMENT OF EXISTING PROTECTIONS This is why I strongly urge you to please pass S.B. 1088. This bill improves enforcement of existing shoreline access protections currently provided for under Hawaii Revised Statutes sec. 115. This law was passed in 1974 because legislators recognized that "public access to the shorelines is restricted on all islands of the State. Urban development, especially tourism development, is having a limiting effect o accessibility to the shorelines." Unfortunately, today those pressures have only gotten stronger, while the ability of the Department of Land and Natural Resources to enforce these rights has gotten weaker. Passage of this bill will help to fulfill the public's right to beach access, while lessening the burden on state enforcement officers. Mahalo for your support,
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To learn more about this proposal to improve longstanding protections for public beach access, click here. Mahalo for your support!!