Advertiser Story on Scott Werny

Former Surfrider Oahu co-chair Scott Werny was one of the reasons I took up the fight to protect and improve public shoreline access. Without his support, there would not have been a state-wide Groundhog Day rally or the alliance we now have built.

Recently Scott was diagnosed with Parkinson Disease. He sent an update saying he's coping well and appreciates the outpouring of support. But he'd like more people to get behind current Surfrider co-chair Tim Tybuszewski's efforts to raise funds for PD research. Tim is doing an Ironman event in Scott's honor. Please pledge by visiting Tim's blog site, where you'll find more details on how to give.

Here's the Advertiser article link.

Mahalo to Scott for all he's done -- and all he continues to do for the beach access cause!

UH Sea Grant, NOAA helping

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?

IMUA: Another Beach Access Bill Moves Forward

Good news! SB1088, which Marti Townsend from KAHEA, Evan Silbersten (Surfrider extern), Sen. Hooser, and I worked on together, has cleared the first hearing by the Senate Committee on Water, Land, Agriculture, and Hawaiian Affairs with only technical amendments.

This bill adds a citizen suit provision to HRS 115. Hopefully, this will improve enforcement of existing access laws. Groups fighting for access mauka-to-makai can get attorneys' fees for winning, which will level the playing field a bit against wealthy homeowners on both private and public beachside roads.

Marti said the DLNR and State Attorney General's office did testify against the bill, but it was pretty half-hearted in her view.

Mahalo to everyone who submitted testimony -- there was quite a bit, Marti said, adding "a big, special thanks to Robert Harris for coming and eloquently defending the important role of citizen suits."

The next hurdle is the Senate Judiciary Committee. Please call or email Sen. Taniguchi to request that he schedule a hearing of this bill:

sentaniguchi@Capitol.hawaii.gov

You can make it short and sweet. Just say we need SB1088 to help protect and preserve public beach access for future generations!

Two Out of Three Ain't Good Enough

Mahalo to everyone who submitted testimony on the bills we supported! The House Water, Land & Ocean Resources committee passed HB1808, which is an attempt to deal with vegetation being grown in front of beachfront homes (see prior item below). However, there are concerns about enforcement. I'm kind of cynical about this one myself.

In Sam Lemmo's testimony for the DLNR, he noted that a number of Kahala Beach homeowners were notified that they should remove vegetation, but only one has complied so far. So where's the teeth in this law? It says homeowners could be billed for removal of vegetation, but who will go out and enforce this? Again, the onus will be on residents to play beach police.

Rep. Thielen's bill HB593 also passed. This would impose a two-year moratorium on Kailua Beach setbacks (new houses wouldn't be allowed to be built closer than the existing house). However, Committee Chair Sharon Har pointed out -- as I have -- that setbacks are legally in the county's jurisdiction. It really should be the Honolulu City Council acting on this. But if they won't do their job, the state has to step in.

Moreover, as others suggested, this moratorium should apply to all of Oahu -- not just Kailua Beach. We need a comprehensive, joint state/counties plan to address all of this stuff. Which brings me to the one bill that did NOT pass...

HB1447 was deferred without any explanation. That's the Task Force bill I helped draft as a stepping stone to creating a state coastal commission. On behalf of the DLNR, Sam Lemmo actually opposed this bill, calling it a "distraction" from a plan he has been working on. And who is going to implement that plan when it's done? The state or the counties? Probably neither, as is currently the case. Remember, Sam is the same guy who admitted that going after the Kahala Beach homeowners for overgrown vegetation has thus far resulted in only one owner actually complying!

So around and around we go with these bills, and chances are nothing substantive will be passed this session. Again. Until we change the split jurisdiction between the state and counties, not much can be done. Sorry folks, but two out of three ain't good enough.

Why Bill HB1808 is Needed: Land-Grabbers

One of our members has alerted the State DLNR that the owner of the Kailua Beach property above has installed a sprinkler system and planted naupaka cuttings in an obvious effort to extend the vegetation line -- which technically becomes part of that property.

Not only is this a greedy land grab by that owner, but beach erosion experts say this type of planted vegetation interferes with the natural sand dunes that are vital to conserving our beaches.

HB1808 is an attempt on the state's part to hold beachfront homeowners responsible for such actions, and make them liable if they do not heed warnings about overgrown vegetation -- intentional or not.

Please submit testimony in support of HB1808 before Friday, Feb. 6, by going to this link and following the instructions:

http://www.capitol.hawaii.gov/emailtestimony/

Hearings Scheduled - Testimony Needed!

Three bills we should support have been put on the slate for Fri., Feb. 6, 9:30 AM at the State Capitol, House Conference Room 325. The House Water, Land and Ocean Resources Committee will be taking testimony for:

HB1447 - That's the joint state/counties task force proposal. Please tell the committee we need unified action at both levels to create statewide standards for beach access, as well as shoreline management policies. (More on submitting testimony below.)

HB593 - This is Rep. Thielen's measure to stop new houses from being built closer to the ocean on Kailua Beach. There would be a two-year moratorium, which would give the state (and the do-nothing Honolulu City Council, I presume) time to implement a better setback policy that will take into account erosion and projected sea level rise.

HB1808 - Deals with lateral access, meaning vegetation. It would require beachfront homeowners to make sure stuff like naupaka in front of their property is not impeding access. In some cases, it's a blatant land-grab by these homeowners -- but it also interferes with the natural sand dunes that keep our beaches "healthy."

HOW TO SUBMIT TESTIMONY...

It's easy and quick. Just write a short letter or message for each bill, save it as a Word doc or pdf file, then click here or go to:

http://www.capitol.hawaii.gov/emailtestimony/

Type in the bill number (no spaces) and fill in the requested contact info. Then either upload your testimony (the "Browse" box) or write a short message in the "Additional Comments" box provided. Click on "Submit" and you're pau!